Darryl Anderson Consulting Pty Ltd

F A Q's ?

1. What is the Development Potential of My Land?

Statutory planning controls and key site opportunities and constraints are the main factors which determine the development potential of your land. DAC would be pleased to undertake preliminary feasibility investigations and provide you with a written advice on the development potential of your land and in particular it’s highest and best use.

2. How much does it cost to prepare and lodge a development application?

The cost of preparing a development application will depend on the scale and nature of the development and the sensitivity of the development site. DAC would be pleased to provide you with a fee proposal to prepare a development application based on conceptual details of your project.

3. How much are development application fees?

Your development application fee is determined by the State Government and is based on the cost of your development. The fee is not a fee for approval, so there is no refund if your application is refused. There is a separate fee for notification. DAC can advise you on the application fees applicable to your development application.

4. How long will it take to prepare a development application?

DAC aims to prepare development application promptly and as efficiently as possible. Preparation times will vary depending on the scale and nature of the project and the statutory planning requirements applicable. As a general guide preparation times can range from several weeks to many months.

5. How long will it take consent authority to process and determine a development application?

Processing times vary between consent authorities and again depend on scale, nature and statutory planning requirements for your specific project. DAC can assist you in ensuring that well-made applications are lodged and help in navigating your project through the assessment and determination process by close liaison/negotiation with consent authorities such that processing times are expedited.

6. What development contributions are likely to be required as a condition of consent?

Most consent authorities require developers to pay contributions towards the provision of additional public infrastructure and community facilities to meet the demand generated by the development. The amount of the contribution will vary depending on the scale and type of development. DAC can advise you on the amount of contributions that are likely to be required by consent authorities. After development consent is granted we can also check that contributions imposed are reasonable and relevant.

7. What are my rights of appeal as an applicant?

Applicants generally have a right of appeal against the decision of the consent authority in relation to their development application. This includes an appeal on the basis of a refusal or against specific conditions imposed. DAC can provide advice on your potential grounds of appeal and your likelihood of success.

8. Do objectors/submitters have a right of appeal?

Appeal rights on merit by objectors/submitters vary from State to State. In NSW objectors have no right of appeal on merit other than for designated development applications (i.e. where an EIS is involved). In QLD submitters have a general right of appeal on merit. We would be pleased to advise you on specific advice on appeal rights generally and strategies to minimize the risk of objector/submitter appeals.

9. How long before my development approval lapses?

Different State jurisdictions have different statutory provisions for the lapsing of development approvals. In addition, different provisions apply in some cases to various types of development. DAC can advise you on lapsing periods specific to your development approval and can also advise on actions to ensure that your approval does not lapse.

10. Can I amend/modify my development approval?

Statutory planning systems generally include provisions which enable you to lodge an application to modify your consent and consent authorities can approve the modification providing it is for generally the same development. Assistance can be provided by DAC in relation to modification of approvals including preparation of a modification application.

The responses to these frequently asked questions are of a general nature and for information purposes only. The responses are not intended to constitute professional advice. Specific advice should be obtained from our office before proceeding with any development projects.