Have your say on development applications
Anyone can submit comments to Northern Beaches Council to support or oppose a development application. These comments are called ‘submissions’ and the person making the submission is referred to as the ‘submitter’.
You can make a submission on any type of development application that is released for public comment.
All submissions received from the same property, or on behalf of the same property will be counted as 1 submission. Anonymous submissions will not be counted as a submission, however issues raised will be considered. Petitions will be counted as a single submission with the number of signatures recorded.
Grounds for a submission
Section 4.15 of the Environmental Planning & Assessment Act (EP&A Act) defines the matters which Council must consider in the determination of an application.
The most relevant matters defined by the EP&A Act are:
- Environmental Planning Instrument’s and draft instruments, i.e. State Environmental Planning Policies (SEPP) and Local Environmental Plans (LEP)
- Development Control Plans (DCP)
- The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.
- The public interest
Council needs to understand the reasons behind your submission. For example, if you think the type of development proposed is unsuitable, you need to say why it is unsuitable – not simply that you don’t like it. Council can only consider submissions based on legitimate planning grounds defined by the EP&A Act as indicated above.
Planning matters that can be included in submissions
The following is a list of typical issues which can be considered in submissions. This is not an exhaustive list.
The most important thing to remember is that the Assessing Officer wants to know how the proposed development will directly affect you and your property.
- Whether the proposed development is consistent with the intention for the area as expressed in Council’s Local Environmental Plans and Development Control Plans.
- Whether the scale and design of the proposed development is compatible with the surrounding development.
- How the development addresses the street and interfaces with adjoining properties.
- Building design – how the building will directly impact on you. Council must assess the design of the building in regard to many issues including privacy, view loss, overshadowing, visual bulk, character, excavation, landfill, etc.
- Land use - You can raise issues regarding the land use proposed, e.g. hours of operations, traffic, parking, etc.
- Access during construction
- Any potential traffic and carparking issues associated with the development.
- Hours of operation (for commercial and industrial type uses).
- Drainage/stormwater concerns – how the development may impact on drainage patterns in the area. Council’s Engineers will assess the impacts of stormwater from the development and apply requirements for the control and discharge of water.
- Potential noise from the proposed use, other than expected residential activities.
- Loss of vegetation – council’s experts will assess the proposal giving consideration to species which are locally valued and those which can ordinarily be removed without approval.
Matters that should not be included in submissions
The following is a list of typical issues which cannot be considered in submissions. This is not an exhaustive list.
The most important thing to remember is that the Assessing Officer wants to know how the proposed development will directly affect you and your property.
- Impacts on Property values.
- Hypothetical uses, i.e. the proposed building will be used for a different purpose to that stated in the application.
- Temporary nuisance from construction, such as parking of construction vehicles within the street. Council cannot refuse an application because of these inconveniences. If a DA is approved, conditions for managing the impact of construction are often imposed.
- Previous unrelated unauthorised works or grievances with neighbours. If you want to make a formal complaint about unauthorised works, please email specific details to Council@northernbeaches.nsw.gov.au
- General noise impacts from expected residential activities like vehicles, noisy children, or concerns of potential parties at late hours. Get information on neighbourhood noise and what can be done.
- Modification of consents - Concerns relating to aspects of the original approval which are not proposed to change. Council can only consider the specific changes proposed in the modification.
When to lodge a submission
Public participation in the development assessment process is valued by Northern Beaches Council. Development applications exhibited for comment have a notification period and you should lodge your submission before the closing date.
The dates of the notification period are communicated:
- on Council's online application search webpage
- in notification letters to adjoining properties
- on advertising signs displayed at the subject property during the notification period
If you require additional time to make your submission (outside of the notification period) please contact Council’s assessment planner to let them know the submission will be submitted late. The Northen Beaches Community Participation Plan allows submissions to be received and assessed up to the time the application is determined.
More information about how Council manages the public exhibition of applications is available in the Northern Beaches Community Participation Plan.
Preparing your submission
A submission must:
- be in writing
- include the name and address of each person who is making the submission
- provide an email or postal address of each person who is making the submission
- state the grounds in which you support or oppose the proposed development and why.
Most submitters prepare their own submission and this is all that you need to do for Council to understand your concerns; however, some engage the services of a planning consultant to help prepare an effective submission. You can find a planning consultant by visiting the Planning Institute of Australia website.
Many issues such as privacy, view loss, overshadowing and traffic, can be subjective. Council’s position may not always meet your individual expectations or your interpretations of the planning controls. However, Council will always use best practice, including planning principles established by the Land and Environment Court, to make decisions.
Steps to take before preparing your submission
- Review the application: All relevant plans and documents submitted with the application are available on our website. You can find and review the application through our online application search using the application number or property address.
- Speak to your neighbour: Before you prepare your feedback, have a conversation with the owner to better understand the plans and how your concerns may have been addressed in their design.
- Review planning controls: Council’s role is to assess the proposal against the relevant planning controls, which we will always do, regardless of whether or not an objection is received. If Council is not satisfied with any aspect of the proposal, we may seek changes from the applicant, even if we do not receive any objections.
- Read the 'Grounds for Submission' section: Understand what can and cannot be taken into consideration by our Assessing Officers.
Lodging your submission
Council's planning staff consider all submissions when assessing an application.
To lodge a submission, follow the below steps.
- The preferred way to provide your feedback is through the online application search webpage
- Find the relevant application by searching the DA number or property address
- Click on the ‘Make a submission’ link located on the application.
- Read and accept the terms and conditions.
- Write your comments in 'Your Comments: To the Assessing Officer' text box.
You can also send an email to Council@northernbeaches.nsw.gov.au or a letter to Council referencing the application number and address of the proposed development.
Please note that we make all submissions available, in full, on our website.
Concerned about personal privacy?
Contact details such as phone number and email address are redacted from public view.
Confidential submissions
You may request that your submission remain confidential (being where no part of your submission is published online), however, Council will only accept this in exceptional circumstances. Council values the transparency of the DA process, so a submission will not be made confidential unless there are legitimate issues of public safety.
To request your submission to be confidential, you should send your submission, providing specific reasons for why it should be confidential, to: Council@northernbeaches.nsw.gov.au.
Inappropriate submissions
All comments within any submission should be restricted to the specific impacts or concerns resulting from the proposed development. Any comments that are of an offensive or personal nature (including any comments or allegations of a person’s past acts or behaviors), potentially defamatory, false, misleading, or unfounded, will not be published. Council maintains the right to withhold any submission or part thereof from being released on the website.
After lodging your submission
We will acknowledge the receipt of your submission via email. Your feedback will be carefully considered as part of the assessment process.
Council will assess the application based on how it complies with the planning controls, the issues raised in submissions, the impacts of the development, the suitability of the site, and the broader public interest. When reviewing submissions, we can only take legitimate planning concerns into consideration.
What if amendments are made during the assessment process?
If amendments during the assessment process are significant, or will increase the impact to your property, we will formally re-notify you.
If the changes are minor or reduce impacts, you will not be re-notified. Council may get in touch to let you know we have received amended plans which you can view online.
What if the application is referred to a determination panel?
When an application is to be determined by a panel such as a Development Determination Panel, Local Planning Panel or the Sydney North Planning Panel, wherever possible, anyone who made a submission will be notified and invited to address the panel prior to the panel making a decision.
For applications to be determined by the Development Determination Panel or Local Planning Panel, Council business papers, including the assessment report and recommendation will be available on the relevant Planning Panels webpage a week before the meeting.
For applications to be determined by the Sydney North Planning Panel, the assessment report, will be available on the Dept of Planning, Housing and Infrastructure webpage.
Notification of determination
When an application is determined, anyone who made a submission will be informed of the outcome. The assessment report addressing the issues raised in the submissions will be available online.
The notice of determination (approval including conditions of consent, or refusal including reasons for refusal) will be available on Council’s website.
For applications determined by the Development Determination Panel or Local Planning Panel, the minutes informing on the decision will be available on the relevant Planning Panels webpage.
For applications to be determined by the Sydney North Planning Panel, the Determination and Statement of Reasons by the panel, will be available on the Dept of Planning, Housing and Infrastructure webpage.
To better understand the NSW DA process, visit the Dept of Planning, Housing and Infrastructure's Your Guide to the DA Process webpage.