About development applications, notifications and advertising
Council will not notify owners of a neighbouring property where the proposed development is either
exempt development as specified in Schedule 5 of the Local Environmental Plan.
Council and Accredited Certifiers are required to notify properties within 40m of a site for which a complying development certificate has been issued under the provisions of the Local Environmental Plan or the State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This notification is issued after the complying development certificate has been issued, and is required by legislation as a courtesy to adjoining owners to advise of approvals issued on neighbouring land.
Other developments will be notified, where necessary, in accordance with the provisions of section 4
of the Muswellbrook Shire Development Control Plan 2009.
Council may decide not to notify certain applications if it is considered that there will be no adverse impact on adjoining premises arising from the proposal. Criteria for considering such exemptions are contained in section of the DCP 2009.
For all development that will be notified, applicants are required to provide a notification plan reduced to A3 paper size (for ease of posting) indicating:
- the position of the building on the site in relation to property boundaries,
- elevations of each side of the building and
- a shadow diagram (where relevant) indicating the effect of shading on adjoining properties between 9:00am and 3:00pm on the winter solstice (21 June).
Some types of developments must be notified by advertising in the Public Notices section of the local newspapers. In other cases, Council may notify neighbouring properties only by letter.
The period allowed for comment is generally fourteen [14] days. Where objections are received, the application is generally referred to a meeting of Council for determination. Such meetings are open to the public.
If you are considering lodging a submission to an application that has been publicly notified, you are advised that your submission may be forwarded to the applicant and made public unless the submission is clearly marked “in confidence”. 
How should a submission be made?
Submissions must be in writing and should relate directly to the work proposed and its possible impact on surrounding property or the locality. Council staff can assist you when viewing plans and specifications and can answer questions on specific technical issues. Staff are not in a position to comment on the merits of the proposal at notification stage nor is it appropriate that they assist you in formulating your objection, should you have one.
What happens to my submission?
Council will send you a letter acknowledging the receipt of your submission. Council does not provide a specific response to the matters raised in submissions as these are addressed in the assessment report prepared on the application.
If minor amendments, or amendments made to overcome concerns already raised, are made to the application before it is determined, you may not be re-notified, but your earlier submissions will be considered.
Applicants and submitters should be aware that Councillors cannot indicate their voting position prior to a Council Meeting nor convey any suggestion of willingness to provide concessions or peripheral treatment to applicants or objectors.
To what extent will Council consider my submission?
The matters which Council may consider are set down under legislation such as the Environmental Planning and Assessment Act, 1979 and relate to environmental impact. Issues such as moral objection, commercial competition or personal circumstances of an applicant or objector cannot be given weight in Council's assessment.
Local Environmental Plans, Development Control Plans and the Building Code of Australia are matters that must also be considered. These provide controls to assess the proposal. They include issues such as overshadowing, privacy, heritage, urban design and view corridors.
Your comments will be considered in conjunction with Council's legal responsibilities, the interests of the community at large and the reasonable expectation and rights of the applicant. Council will carry out a balanced assessment of these interests in the analysis of any application and may vary the application of its "controls" on merit.
Development applications currently on public exhibition
Approved development applications
This page last updated 18 November, 2009 11:02 AM
