The DA process

Step 1 – Check if Council approval is required

View the Exempt and Complying Development Control Plan:

If proposal meets the Exempt Development criteria, Council approval is not required, however it is suggested that you inform Council in writing of your proposal.

If proposal meets the Complying Development criteria, then approval is required. Approval can be issued by an Accredited Certifier or Council. If approval is sought from Council the following application form should be used:

If proposal does not meet Exempt or Complying Development criteria, then proceed to the next step.

Step 2 – Consult Mosman LEP and DCPs

If the proposal does not meet Exempt or Complying Development criteria, then you need to consult the following Mosman Council documents:

Local Environmental Plan
Development Control Plans

These documents contain planning controls and requirements for development in Mosman. Prepare preliminary details for the proposal and ensure that it reflects the desired character for the area.

Step 3 – Meet with Council staff and consult neighbours

It is recommended that before submitting the Development Application (DA) you meet with Council staff and discuss the proposal.

  • Informal meetings can provide a general indication as to whether the proposal meets the objectives of the planning controls in Mosman, and can identify issues that need to be addressed in the DA.
  • Mosman Council also offers a formal pre-DA meeting service for a fee.

Council encourages you to consult with neighbours to provide an opportunity to accommodate any reasonable concerns. It can improve the development application process if neighbours have an understanding of the proposal before the submission is made.

Step 4 – Development Application Plans and Fees

  • See also Section 2 of the RDCP or BCDCP

Development Applications must contain all necessary information as described in section 2 of the DCPs, and must be accompanied with any fees payable.

The following information MUST be provided with all development applications (further information is provided in Section 2 of the RDCP or BCDCP):

  • scaled architectural plans including site plan, elevations and sectional details;
  • site analysis plan;
  • survey plan;
  • reduced A4 plans for notification (10 copies);
  • landscape plans and calculations;
  • drainage plans (which may require installation of an on-site detention system and/or the creation of an easement through adjoining property/ies);
  • erosion and sedimentation plans; and
  • shadow diagrams.

The following information is to be provided with Development Applications if applicable:

  • architectural model – mandatory if the value of the work is above $400,000
  • statement of Heritage Impact – if the property is heritage affected
  • Traffic Management Plan (PDF 9KB) – commercial and multi-residential development
  • energy audit- multi-residential developments
  • Building Code of Australia (BCA) – particularly for development where BCA requirements may affect the design of the building
  • acoustical report – where the proposal has the potential to generate a noise impact
  • where works are classified as Integrated Development additional documentation and fees are required to forward the proposal to the relevant Government authorities, such as NSW National Parks and Wildlife Service – contact Council for more information about Integrated Development
  • Geotechnical report
  • BASIX Certificate – for further information visit the BASIX website

Within 7 days of receipt, Council staff will check the application for completeness.

If any information required in the checklist is missing, the application will be rejected and returned, together with fees paid, less a handling fee.

Otherwise, the application will be officially lodged and the assessment process will begin.

Step 5 – Public Notification

Public Notification of proposals runs for 2 weeks:

  • a notice is erected on the site;
  • a letter describing the proposal is sent to affected neighbours;
  • the proposal is listed in Council’s Column in the Mosman Daily and the Public Notices page on this website; and
  • copies of plans are made available at Council.

The DA Tracker service also details the progress of DAs.

During this period the community may raise concerns in relation to a proposal by submitting them in writing, addressed to the General Manager. These concerns are taken into consideration as part of the assessment of the Development Application.

If you make a submission it will be acknowledged but Council may not contact you again until the DA is determined. If the DA is to be submitted to Council for determination you will not be notified. Instead you are invited to check Council’s website or phone 9978 4122 to confirm that matters are listed on Council’s Meeting Agenda.

  • Note: any written submission made regarding a Development Application will be available for the public to access via the DA Tracker.

Step 6 – Determination: Decisions, Delegations and Meetings

Development Applications can be determined by planning staff under delegated authority.

Throughout the assessment process an Applicant may be asked for additional information to enable staff to make a determination on an application. This information must be provided as requested within the required timeframe, or the application may be refused.

A Development Application will be referred to Council for determination if:

  • unresolved objections from three or more properties are received;
  • unresolved objections relating to view loss of the Harbour or scenic landmarks (i.e. the Heads, Opera House or Harbour Bridge) are received;
  • it involves demolition of a heritage item;
  • it relates to or adjoins (share a common boundary with or would share a common boundary with but for an intervening road) a privately owned state heritage item.
  • it involves work on a site within the Military Road Heritage Conservation Area and the application involves building façade changes above the awning level (or where there is no awning above the ground floor level) along Military Road, Middle Head Road or Prince Albert Street.
  • it involves development of a property with water frontage to Sydney or Middle Harbour and the works proposed are visible from the foreshore;
  • it involves development of a property for a new multiple dwelling development under the provisions of SEPP 65;
  • it involves development for a new dewlling house, new semi-detached dwellings or new multiple dwelling buildings that does not comply with three (3) or more variations to any of the following five (5) items:
    • Mosman Local Environmental Plan 1998 Clause 12 – if subdivision into a new Torrens allotment is proposed;
    • Mosman Local Environmental Plan 1998 Clause 13 or 18(2) (a) or (b) – Height;
    • Mosman Local Environmental Plan 1998 Clause 14 or 17 – Floorspace ratio;
    • Mosman Local Environmental Plan 1998 Clause 15 – Landscaped area;
    • Mosman Residential Development Control Plan or Business Centres Development Control Plan – Setbacks;
  • the applicant or owner is Mosman Council, a Councillor or staff member of Mosman Council; or
  • Mosman Council’s Department of Environment and Planning considers the application should be brought before the Council.
Council Meetings

The Council meets fortnightly at 7pm at the Civic Centre, on the first and third Tuesday night each month. The meeting on the third Tuesday of the month is dedicated to land use planning matters and development assessments.

A report is prepared by planning staff detailing all factors considered in the assessment of the application, and a recommendation. This report is available on this website a few days before the meeting. You can also check the Meetings Infoline on 9978 4122 for a listing of items on the Agenda.

The Council inspects some sites prior to the meeting.

If you would like to address the Council, due process needs to be followed – see:

The Council can defer, approve or refuse items based on a simple majority vote.

Step 7 – Complying with Consent, Issue of Construction Certificate

Once a development consent is issued it must be complied with prior to the issue of a Construction Certificate. Construction Certificates must be issued by Council or an Accredited Certifier before construction commences.

Step 8 – Construction and the Principal Certifying Authority

A Principal Certifying Authority (PCA) is required to inspect the building work during the course of construction to ensure compliance with the relevant standards. This PCA may be the Council or from private enterprise. Council must be notified who the PCA is at least 2 days before work commences.

Notes

For details of accreditation of appropriate professionals see the Building Professionals Board.

  • Documents marked with an asterix * are preview documents only. They can be viewed online but not printed. Copies can be purchased at the Civic Centre or viewed at the Civic Centre and Mosman Library.