Representations

When a Development Application (DA) is lodge with a Council before processing commences it is necessary to establish what category of development it is i.e. Category 2, Category 3 and/or a non-complying development. When this is established then the Development Act and Regulations outline the extent of public notification that is required;-

  • Generally a Category 2 DA requires notification of adjoining properties and probably properties directly on the opposite side of the street
  • A Category 3 and non-complying DAs requires more extensive notification including publication in a widely circulated publication (newspaper).

The purpose of the notification is to encourage people to comment on the proposed development. The comments should be limited to the proposed development and what impacts the proposal may have on neighbouring properties or the locality generally.

As a Planning Consultant probably 90% of my consulting work relates to advocating for clients proposing a development whether in the form of verbal or written advice, a planning report or supporting statement or representation to Councils Assessment Panel or the Environment Resources and Development Court.

I therefore always find it interesting when someone who has received a notification from Council to comment on a proposal wants professional advice and usually wants you to appear on their behalf to the respective Council Assessment Panel. It is good to have to objectively access the quality and possible impacts of a development on a third party. I am usually engaged,  by a neighbour, to be critical of someone else development proposal as they will probably end up living next to the proposal possidly for many years.

The most frequent concerns regarding new buildings are usually issues such as overshadowing, overlooking, maximum building height, on site car parking, setbacks and retain walls. When a change of land use is proposed the issues are often adequacy of car parking and noise, dust and other forms of potential environmental nuisance.

It is a positive comment on the existing planning system that both developers and neighbouring properties usually get the opportunity to support their development proposal or to express their legitimate concerns with a neighbouring development. In either case I enjoy the different roles as a professional Town Planner representing either side.