Development Application (DA) Backlog Reduction Program 2022

• A working group of senior Council staff across the main development divisions will meet regularly to review existing DAs, unblock any outstanding internal referrals and make critical decisions on whether existing DAs be advanced with:
  • one further Request for Information,
  • or with conditions,
  • or just refused if multiple Request for Information (RFI’s) have already been issued.
• For all new DAs, only one RFI will be issued by Council and one response accepted from applicants prior to determination.
• For DAs and modifications with cost estimates $2.5M to $10M, Councillors will be notified to see whether they wish to call up these applications for determination at a Council Meeting, or they be determined under the delegated authority of the Council officers.
  
  These decisions do not affect those DAs that are already outside of the officers’ delegated authority:
  • proposals with either cost estimates in excess of $10M,
  • residential subdivisions greater than 50 lots,
  • or variations to LEP development standards greater than 10%.
• Some prioritisation of applications will be given to those residents and businesses affected by the 2022 flood events, where practical.

There will need to be a shift in resources from the current checking of applications lodged in the State Planning Portal to a focus of producing RFIs and DA assessment and determination in a more expedient fashion.

Technical Officers will still diligently review any new DAs submitted via the NSW Planning Portal against the current State statutory minimum requirements, and reject those clearly deficient applications. However, the onus will now be placed on applicants and their planning consultants to ensure that their application lodgements provide all relevant plan and technical reports identified in both the State Planning Portal and Council checklists.

Smaller residential developments

Council has noticed an increase in applications that are seeking approval for a second dwelling on the property identified as a “studio” or “home office” or the like.

All applications need to clearly define the proposed land uses based on the Tweed LEP definitions. If a structure is capable of being used or adapted to be capable of being occupied as a separate residence, applications need to clearly apply for a dwelling, attached dual occupancy, detached dual occupancy or secondary dwelling.

Council will not accept a second residence identified as some kind of studio when it is best defined as a second dwelling.

Direct officer contact will be retained, but reduced through:

• Referring applicants to the NSW Planning Portal as the most accurate and up to date source of information rather than contacting DA assessment officers.
• Restricted contact with DA assessment officers via phone and email. It may take up to 5 business days for a response.
• Ensuring applicants have only one point of contact, not multiple people contacting staff, management and Councillors.

Development Assessment Panel (DAP) meetings will be altered as follows:

• Meetings to be retained but fewer meetings until the end of 2022, then reviewed.
• Meetings proposed to be held 1 day per week with 1 appointment (currently 2 days per week with one appointment on each day) and that these appointments be allocated for the most complex proposals.
• All other enquiries can be via the duty officer, in consultation with senior staff if needed. It should be noted that the same level of service of DAP cannot be provided for these enquiries.
• Increased fees for DAP meetings have been included in Council’s 2022/23 budget.

Councillors have resolved to assist the efficiency of the application systems by continuing to consider the most appropriate actions with regards to Land and Environment Court appeals and to negotiate outcomes where possible.

Councillors are generally only called upon for input on legal matters when they are reported to a Council Meeting.