Rural Dwellings

Council receives many Development Applications (DAs) for rural dwellings each year.Applications that clearly address key planning requirements such as dwelling entitlement status of the land, zoning, building height, setbacks, land use conflicts, bushfire and flood risks and environmental issues - can be approved more quickly. To avoid delays, make sure your application for a rural dwelling aligns with the Ballina Local Environmental Plan (LEP) and Development Control Plan (DCP) reflect Council’s vision and strategic intent for new development in the Shire.

Potential issues for rural dwelling house development applications include:

BASIX Certificate is a compulsory energy efficiency report under state legislation that demonstrates its sustainability.
Bushfire hazard - much of the Shire is mapped as bushfire prone land.
Impact on native animals and plants - the Ballina Shire has one of the highest rates of biodiversity in NSW - conservation and enhancement of local biodiversity is important to residents.
On-site sewage management systems - adequate systems ensure the health and quality of local waterways and groundwater supplies.
Land use conflict - the right to farm vs a resident’s rural lifestyle amenity can be a source of conflict - take into consideration established and potential surrounding land uses and maximise separation distances in the early planning and site selection process.
Archaeology/Aboriginal heritage - the Shire is rich in first inhabitant’s history - due diligence assessments, including an AHIMS search, is important when selecting a suitable building location.
Land contamination – previous agricultural land uses and activities (e.g. spraying of pesticides) and existing and previous buildings on the land (e.g. asbestos, lead paint) may have resulted in the contamination of soil - preliminary site investigation may be required check for contamination.
Flooding - new dwellings (and the land surrounding the dwelling) must meet minimum fill and floor heights identified in Council’s Development Control Plan (DCP).

Follow these steps to complete your Development Application for a rural dwelling:

1. Start Development Application

Start 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 consent of all owners needs to be provided.
Upload Council’s Estimated Cost of Development form(PDF, 221KB)
Upload a set of plans at a scale of 1:50, 1:100 or 1:200 including a site plan, floor plan, elevation and sections, plus details of external finishes and colours where available. Refer to Council’s DA Lodgement Checklist(PDF, 492KB) and Chapter 7 of the Ballina Shire DCP 2012 for details to be shown on your submitted 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 intended use of the building? e.g. residential use, short term tourist and visitor accommodation use
Will occupation involve a commercial, or non-residential use requiring a separate consent?
What is the floor area, number of bedrooms and building height, if not marked on submitted plans?
How will vehicles access the property? including car parking arrangements and driveways
Is excavation, earthworks or vegetation removal required?
What provisions are there for drinking water and an On-Site Sewage Management (OSSM) system? (refer to ballina.nsw.gov.au/council-policies)

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:

Which Local Environmental Plan (LEP) applies and what is the zoning of the land?
Is the site in an escarpment or water catchment zone, bushfire prone or close to a main road? refer to ballina.nsw.gov.au/online-maps
Are there any relevant State Planning Policies? e.g. Remediation of Land, Koalas, Coastal Land, refer to planningportal.nsw.gov.au
Are there any special or relevant Ballina LEP clauses? e.g. building height, visual impact, acid sulfate soils, flood planning etc.
Are there any clauses of the Ballina LEP that you are not complying with? If so, include a Clause 4.6 variation and justification about why the proposal is not compliant and why it 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 written Statement of Environmental Effects (SEE) information relating to these Chapters of the Ballina Shire DCP 2012:

Chapter 2 – General & Environmental Controls(PDF, 977KB) including controls covering land use conflict, ridgelines, natural areas, potential contamination, on site sewage management, erosion and bushfire management.
Chapter 2B – Floodplain Management(PDF, 6MB) including risks and flood planning levels.
Chapter 7 – Rural Living and Activity(PDF, 475KB) including overall design, building lines and setbacks, road access and parking.
If you are not complying with any part of the DCP, 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?
Have you sought advice from a competent planning consultant or other suitably qualified professional? if you are not clear about any LEP or DCP clauses that apply to your proposal.
Do you need a consultant to assist if there are any proposed variations to the controls, difficult issues to resolve or prior development history? You may also submit a letter of enquiry to Council outlining these issues or request a pre-DA lodgement meeting prior to finalising your development proposal/design.

6. Submit Development Application

NSW Planning Portal