Urban Dwellings

Council receives many Development Applications (DAs) for construction of new dwelling houses in our urban areas each year. Applications that clearly address the key relevant planning requirements such as zoning, floor space ratio, building height, privacy and overlooking, solar access, overshadowing, landscaping, private open space, setbacks, parking arrangements, stormwater management, bushfire and flood risks and environmental issues - can be approved more quickly. To avoid delays, make sure your application aligns with the Ballina Local Environmental Plan (LEP) and Development Control Plan (DCP) which guide development across Ballina Shire.

Potential issues for urban dwelling development applications include:

BASIX certificate is a compulsory energy efficiency report under state legislation that demonstrates its sustainability.
Private open space and landscaping areas which are usable, have a high amenity and meet the needs of occupants are required in urban developments.
Overlooking and privacy - buildings should not unduly affect adjoining properties while providing visual privacy for internal and external spaces.
Overshadowing and solar access - the new dwelling and neighbouring homes must get enough sunlight in their main indoor and outdoor living areas all year round.
Bushfire hazard - much of the Shire is bushfire prone.
Significant urban bushland - Ballina Shire has one of the highest rates of biodiversity in NSW - conservation and enhancement of local biodiversity is important to residents of Ballina Shire.
Archaeology/Aboriginal heritage - due diligence assessments, including an AHIMS search, is an important step to take when selecting a suitable building location.
Land contamination - past land uses and activities (e.g. spraying of pesticides, asbestos, lead paint) may require site investigation.
Flooding - dwellings must meet minimum fill and floor heights identified in Council’s Development Control Plan (DCP).

Follow the steps below to complete your development application for a dwelling house:

1. Start your Development Application

Begin the online DA form on the NSW planning portal website planningportal.nsw.gov.au
Upload Council’s Owners Consent Declaration form(PDF, 156KB) Note: The details of all owners needs to be provided.
Upload Council’s Estimated Development Cost form(PDF, 221KB)
Upload a set of plans at a scale of 1:50, 1:100 or 1:200 - include a site plan, floor plan, elevation and sections, solar access diagram, shadow diagrams (where necessary) and details of external finishes and colours where available. Refer to Council’s DA Lodgement Checklist(PDF, 492KB) and Chapter 4: Residential and Tourist Development of the Ballina Shire DCP 2012 for details to be shown on your plans.

NSW Planning Portal

2. Clearly describe the proposal

Clearly describe the following in your written Statement of Environmental Effects (SEE) document:

What is the gross floor area, floor space ratio and building height? if not marked on submitted plans
Will there be any overshadowing and solar access issues?
Provide details and description of proposed landscaping and private open space areas
How will vehicles access the property? including car parking arrangements and driveways
Is excavation, earthworks or vegetation removal required?

Part 3 Development Applications of the Environmental Planning and Assessment Regulation 2021 sets out the information requirements to accompany a DA.

3. Consider the Local Environmental Plan (LEP) and relevant State Planning Policies (SEPPs)

Include the following details in your written Statement of Environmental Effects (SEE) document:

Is the land zoned R3 Medium Density Residential or R2 Low Density?
Is the site bushfire prone land? refer to ballina.nsw.gov.au/online-maps
Are there any relevant State Planning Policies? e.g. Remediation of Land, Coastal Land, BASIX refer to planningportal.nsw.gov.au
Are there any special or relevant Ballina LEP clauses? e.g. building height, floor space ratio, acid sulfate soils, earthworks, flood planning etc.
Are there any clauses of the Ballina LEP that you are not complying with? If so, you will need to include a Clause 4.6 variation and justification about why the proposal is not compliant and why the proposal should be approved. We recommend you obtain competent town planning advice from your planning consultant prior to submitting your application.

4. Consider the Development Control Plan (DCP)

Include in your Statement of Environmental Effects (SEE) document information relating to these Chapters of the Ballina Shire DCP 2012:

Chapter 2 - General & Environmental Controls(PDF, 977KB) including controls covering landslip, mosquito management, waste management, stormwater, sediment and erosion control, provision of services, CPTED, car parking and bushfire management.
Chapter 2A - Vegetation Management Works(PDF, 1MB) where vegetation removal is proposed.
Chapter 2B - Floodplain Management(PDF, 6MB) including risks and flood planning levels.
Chapter 4 - Residential and Tourist Development(PDF, 2MB) including a full assessment of all relevant controls.
If there is any part of the DCP that you are not complying with, you will need to include additional details and justification about why the proposal is not compliant.

5. Consultation and Advice

Have you spoken to the neighbours about any potential concerns or impacts?
If you are not clear about any LEP or DCP clauses that apply to your proposal, have you sought advice from a competent planning consultant or other suitably qualified professional?
If there are any proposed variations to the controls, difficult issues to resolve or prior development history, do you need a consultant to assist? You may also submit a letter of enquiry to Council setting out these issues or request a pre-DA lodgement meeting(PDF, 117KB) prior to finalising your development proposal/design.

6. Submit your Development Application

Submit your application to Council through the:

NSW Planning Portal