The determination of a development application (DA) is when a decision is made. DAs are only determined after the development has been fully assessed against all applicable planning controls and all public submissions have been considered.
Who Determines DAs?
DAs are determined by Council staff, the Camden Local Planning Panel or the Sydney Western City Planning Panel depending on the development’s type and scale and the number of public submissions received. Council staff determine all DAs unless the development meets the criteria for either of the Panels. The criteria is detailed in:
Council staff assess all DAs notwithstanding that many determinations are ultimately made by a Panel.
How DAs are Determined
DAs can be determined in three ways:
- Approved subject to conditions - Development consent is granted however the development can only be carried out in accordance with conditions imposed by Council.
- Deferred Commencement - The development is approved however it cannot be commenced until the applicant satisfies Council as to certain outstanding matters. The approval is also subject to conditions imposed by Council.
- Refused - Development consent is refused and the development cannot be carried out.
When a DA is determined Council issues a notice of determination. For approved DAs the notice will detail the approved development and the conditions that must be complied with for it to be carried out. This can include lodging a bond with Council and only undertaking construction work during certain hours. For refused DAs the notice will detail the reasons why the DA was refused. You can search and track Council DAs by using the Camden Application Tracker.
All persons who made a submission to a DA will be advised in writing of the decision.
There are three post-determination options for applicants:
- Modify a Development Consent - If development consent is granted applicants can apply to Council to modify the approved plans or the imposed conditions. Applicants are encouraged to contact the Council officer who assessed the DA to discuss any proposed modifications prior to lodging a modification application.
- Review a Determination - If development consent is refused applicants can apply to Council to review the decision. Applicants are encouraged to contact the Council officer who assessed the DA to discuss any proposed review prior to lodging a review application.
- Appeal a Determination - Applicants may appeal to the NSW Land and Environment Court regarding Council’s refusal to grant development consent or against the imposed conditions. The right to appeal is only available within 12 months after the date the determination is registered on the Planning Portal, or after the date of deemed refusal under Section 8.11 of the Environmental Planning and Assessment Act 1979.
Development Standard Contravention Register
Under Clause 64 of the Environmental Planning and Assessment Regulation 2000, Council may assume the concurrence of the NSW Department of Planning, Industry and Environment's (DPIE) Planning Secretary in respect of most applications to contravene a development standard, subject to maintaining a register and reporting all contraventions to DPIE.
The following development standard contraventions have been approved:
SEPP 1 Clause 4.6 Variation - April-June 2021 - Nil variations for the quarter
No, since the introduction of local planning panels on 1 March 2018 DAs are no longer determined by Camden’s elected Councillors.
No, DAs are only determined by a Panel if the development meets the Panel criteria. Otherwise the DA will be determined by Council staff.
You can submit a modification or review application to Council via the Planning Portal. Please refer to the Submit webpage for information.