New laws introduced on 30 November 2016 allow for the forced sale of units in an apartment
The strata management industry is in for a significant shake up with the “once-in-a-generation” changes to strata laws being introduced on November 30, 2016. The NSW Government has amended the laws regarding the management of apartment buildings allowing 75% of owners in apartment blocks will be able to sell...
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A recent taxpayer alert [Trusts mischaracterising property development receipts as capital gains] concerning property development and the use of trusts is significant for property developers. Taxpayer Alert 2014/1, describes an arrangement whereby a trust undertakes property development activities as part of its...
Chinese regulators may turn off the money flow that is funding the Australian real estate bubble
A Chinese Government crackdown on the recently exposed activities of the Bank of China's money laundering efforts in Australia will have repercussions on the sustainability of high property values in Sydney and Melbourne. China’s state broadcaster CCTV has launched an attack on one of the country’s most...
Changing A SMSF Trustee to a Corporate Trustee
Benefits of a Corporate Trustee 1. Changing Members If an SMSF is set up with a corporate trustee structure you can add a member (e.g. a spouse or child) or remove a member (e.g. if a member dies or can no longer act as trustee) with much less hassle than an individual trustee structure. If there is a ch...
Our Legal Fees & Services
At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs. Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not ...
Homebuyer’s Guide to Conveyancing
Buying your first home can be a confusing process, particularly when it comes to conveyancing. Taking your first step on to the property ladder can be an exciting time. But for those who have never been involved in a property purchase, the conveyancing process can often seem hard to understand. What i...
PROPERTY DEVELOPMENT ADVICE AND ASSISTANCE
Local Councils in Sydney pursue a sensitive and balanced approach to development that protects residential amenity and the environment, preserves heritage and provides clarity for developers.
How to lodge an application
Before you can make changes to a building or occupy premises in the local area, you may need to lodge a development application (DA).
The following section will provide you with the list of documents you will need to prepare. Please contact your Local Council directly to lodge a development application.
When lodging your DA, you must submit a completed application form along with verified consent from all of the registered owners including details of the proposed development.
In addition to the application fee, many applications also require payment of an advertising notification fee. Please contact your Local Council for more information.
In the case of construction or building work, the development application fee is based on the estimated cost of development and the cost incurred if a contractor carries out the work.
The following are example of items to include in the development cost:
- Preliminaries: scaffolding, hoarding, fencing, site sheds, delivery of materials, waste management.
- Internal fit out: flooring, wall finishings, fittings, fixtures and bathrooms.
- Demolition works: including cost of removal from the site and disposal.
- Professional fees as part of the design: architect’s and consultant’s fees.
- Site preparation: clearing vegetation, decontamination or remediation.
- Excavation or dredging: including shoring, tanking, filling and waterproofing.
- Internal services: plumbing, electrics, air conditioning, mechanical, fire protection, plant and lifts.
- External services: gas, telecommunications, water, sewage, drains and electricity to mains.
- Building construction and engineering: concrete, brickwork, plastering, steelwork/metal works, carpentry/joinery, windows, doors and roofing.
- Other structures: landscaping, retaining walls, driveways, parking, boating facilities, loading area and pools.
- Other related work.
- Charges and fees
Depending on the estimated cost of work, a cost summary report prepared by a suitanly qualified person must be submitted with the application. For more information about financial estimate, please contact your Local Council directly
Generally, a minimum number of scaled drawings must be prepared and lodged with your development application.
They should include:
- A site plan showing the location of the proposed development within a building or within the locality, which should also identify the actual site, streets, adjoining properties and a north point.
- Plans showing details of the proposed development in relation to adjoining premises and streets if applicable.
- The floor plan of the whole floor if the proposed development is only for part of a floor of a building.
- Elevations showing the view of the development from all visible sides in relation to adjoining premises.
- Sections through appropriate areas of the site.
- A clear distinction between alterations and additions – new work must be colored.
Please contact your Local Council directly to check the exact scale and format of the drawings.
At GMH we always encourage the submission of digital copies of applications, including plans and documentation.
Any expected impact of the development of the environment, adjoining premises or the public, should be detailed in a Statement of Environmental Effects.
If the development has minor or no environmental impact, the statement may be included on the DA form.
How development application are assessed?
Generally, to make a determination on a development application, Local Councils take into account such matter as:
- Relevant planning controls and conditions
- Likely impacts on the development
- Suitability of the site
- Any submissions
- Public interests
How to apply for a review?
If you are dissatisfied with a determination your Local Council has made about your development application, you can appeal directly to the NSW Land and Environment Court.
Alternatively, a less costly avenue is to apply for the decision to be reviewed by an appeal panel appointed by your Local Council. Please note that you will need to apply within a certain number of days of receiving the rejected application notice, generally 14 days.
If you wish to submit a property development application, please do not hesitate to contact us. Our experienced property Solicitors will guide you through every step of the application process.
Call the experienced team at GMH Legal to assist you in your matter.
A free consultation with GMH Legal is an opportunity to gain deep insights into your legal situation and all of your options.
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- Over 60 years of combined legal experience
- Outstanding track record with a winning approach
- First appointment is always free
- Meet our team now.