FAQs

Council currently averages a processing time of approximately 35 days for local development, however, delays can be experienced when additional details are required or there are submissions objecting to the proposal. In the case of Integrated Development, the application is referred to a state agency for comment and the issue of a licence or permit and this can delay Council's processing of the application.

Find out more about the process here.

Most development applications are notified to the adjoining land owners to enable them to comment. The exhibition period is usually 14 days but can vary with the scale of development. The circumstances under which an application is notified can be found in Council's Community Participation Plan.

For development currently on exhibition refer to Development Applications on Exhibition.

When applying via the NSW Planning Portal, you can track the status of the application submitted at each relevant stage, and will also be provided with an application number (e.g. DA0104/2008) once lodged with Council. You may also find out how your application is progressing by speaking to the assessing officer noted in the Planning Portal and quoting the relevant application number.

A soil assessment is required to determine the classification of the soil where a slab is to be poured.

Depending on the classification, you may be required to pier deeper if fill is found or use stronger cement in the concrete slab if the soil is more reactive. There are consultants locally based that can carry out assessments of this nature.

Council often requires heritage assessments where it has been identified that the landscape has been identified as sensitive and these include drainage channels/water courses and elevated areas.

The purpose of the assessment is to determine whether the proposal will impact on any indigenous artefacts. You should contact the National Parks and Wildlife Service (NPWS) to determine the process for getting such an assessment. The NPWS also administer the Aboriginal Heritage Information Management System (AHIMS) and you can request a search of your property from this database to determine whether there are any registered artefacts on your property.

Private environmental consultants can advise and assist with bushfire assessments. Alternatively, contact the NSW Rural Fire Service for a local register of experienced consultants.      

Many types of development do not require Council approval and therefore do not require neighbour notification. Council's notification policy is set out in the Community Participation Plan states that not all Development Applications are required to be notified.

If you suspect that work is proceeding unlawfully or without approval, please get in touch with Council. 

To ascertain the zone and other controls that apply to your land, refer to the Mid-Western Regional Local Environmental Plan 2012. 

To ensure the integrity of Council's advice is maintained, all zoning requests must be made in writing. Alternatively a Section 10.7 Planning Certificate may be obtained or the zone maps downloaded.

You can find out how land is zoned by viewing the maps of the Local Environmental Plans at Council's Customer Service Centres between 8:30am and 4:30pm from Monday to Friday excluding public holidays, or visit the NSW Planning Portal to view plans online. 

What are the regulations on chimney smoke?

The protection of the Environment Operations Act provides regulations regarding air pollution.

Council may conduct a 'smoky chimneys survey' and where there is an excessive level of smoke, Council can issue smoke abatement notices.

I live near a coal mine, and the noise is disturbing my sleep. Who do I contact?
If you know which coal mine is causing the noise then you should contact them directly. You may also contact the Environment Protection Authority (EPA), as they are the appropriate regulatory authority under the Protection of the Environment Operations Act,  responsible for dealing with scheduled premises such as coal mines.

My neighbours continually ride motorbikes on weekends - can Council help me?
In the first instance, you should let your neighbour know that the noise is affecting you. If this fails to solve the issue, you should contact Council or the NSW Police. It is not an easy matter to settle as all land owners have the right to enjoy their property so long as they are not creating a nuisance for a neighbour. 

Approval from Council under the Local Government Act is required to display any sign or goods on public footpaths. Council has a specific policy that regulates the use of this land by private businesses.

The primary function of a footpath is to facilitate pedestrian access and all signage, goods and street dining must adhere to Council's Foothpath Policy.

There are provisions within the legislation that allow for the continued operation of a business as well as a change of business use without the need for further Council approval.

Changing the use of a building may not need planning permission if the proposed change meets the requirements set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy). This is known as exempt development.

No planning or building approval is required if the proposal is changing from an existing use specified to a new use, as laid out in the table below:

Please refer to these provisions of the State Policy for a full list of development standards under exempt development relating to changing the use of a premises.

• A change from one type of retail shop to another type of retail shop is not a change of use - this is considered a change of tenant.
• Minor building work can be undertaken in conjunction with the change of use, if the work is considered exempt development. For example, if a shop were changing to an office, minor internal work that may not require approval includes the installation of work stations, re-carpeting the floor, repainting the premises, changing light fittings and upgrading existing sanitary fittings.
• Any structures that would be located on public land, or on or over a public road (including temporary structures), must have separate approval from the relevant council, or Roads and Maritime Services under the Roads Act 1993  and the Local Government Act 1993.
• Generally, exempt development cannot be carried out on land that is, or on which there is, an item that is listed on the State Heritage Register.