This checklist is designed to help guide you through what you need to do to rebuild. To achieve a streamlined, fast development process, we recommend you engage the services of a suitably qualified building consultant/designer to put your application together for you.
All rebuild applications will be fast tracked to help you get back into your homes. Please ensure your builder or planner identify your application as bushfire affected when submitting documentation on your behalf.
If after reading the following information, you have any questions regarding the rebuild process, please contact the Development Hub on (02) 6499 2209 or email firstname.lastname@example.org
To confirm if your property does have a building entitlement you can email email@example.com. Please include your property address, Lot/s & DP if possible and we will research this for you. Once you have this information, you’ll need to put together a development application (DA).
Arrange free Council site inspection – to discuss Bushfire Attack Level (BAL), OSM & biodiversity assessment requirements. Call Council on (02) 64992209 to arrange an inspection.
We would recommend you engage the services of a suitably qualified building consultant/designer/draftsperson to put together your house plans. Before you book in to meet with your consultant, there’s a few things that you need to consider:
For homes with young families or older occupants it is well worth considering a design that meets the Liveable Housing Design Guidelines(pdf)
The Development Application should include the following:
All Council application fees associated with the lodgement of a development application, including any pre-lodgement advice, a construction certificate and other certificates for current owners to rebuild their lost or damaged buildings or subsequent inspections have been waived.
However, Section 7.11/7.12 Contributions may still be required to be paid (unless the dwelling to be replaced was constructed prior to 1965). If you would like to know if any Contributions will be payable for the rebuild please email firstname.lastname@example.org with the word ‘Contributions’ in the subject line and the property address.
Once your Development Application has been approved and Contributions are paid (if applicable), you will receive a Construction Certificate (if Council is your appointed Certifer).
A Construction Certificate confirms that the construction plans and development specifications are consistent with the development consent, and comply with the Building Code of Australia and any other Council requirements. A Construction Certificate can be issued by Council or a private certifier. Your Construction Certificate will contain all the information you need to know about the inspections required throughout the build process.
When you have your Construction Certificate and Development Consent, you can start by submitting:
You can now start building.
Your builder or contractors will need to build to the plans and specifications. The inspections as outlined in the Development Consent will need to be followed throughout the process.
When the building is complete, arrange through Council, or your private certifier an occupation inspection. Provided the home is built to specifications, you will receive your Final Occupation Certificate and Part Final Occupation Certificate. You can then move into your brand new home.
Your level of bush fire risk affects your development requirements – the higher the risk, the more protection you need. We use the term ‘bush fire attack level’, or BAL, to quantify this risk. Your level of bush fire risk is affected by the area you live, the vegetation, the distance from the vegetation to your home, and the slope. As part of your rebuild process, you will need to confirm your BAL in a written report.
Council can arrange for one of our staff to visit your property and determine your BAL rating for you. This will be only up to BAL 40 (not flame zone). If you would like this service provided, please email email@example.com and in the subject line include the words BAL assessment, your property address and your Lot Number and DP.
You can also find out your bushfire category by calling the Development Hub on (02) 6499 2209 or going to NSW Planning Portal website www.planningportal.nsw.gov.au
This document can be found at: www.rfs.nsw.gov.au/__data/assets/pdf_file/0017/4355/Guidelines-for-Single-Dwelling-Development-Applications.pdf
If you need to engage the services of a Bushfire Planning and Design Consultant (BPAD), a list of accredited assessors can be found at www.fpaa.com.au
Please contact the Development Hub on (02) 6499 2209 should you need any further assistance.
Biodiversity legislation can be complex and Council is committed to helping post fire rebuilds through the biodiversity assessment process as smoothly as possible. Contact Council as early as possible in the planning phase to discuss any biodiversity assessments/reports that may be required.
For rebuilds with minimal biodiversity impacts, e.g. rebuilding on the existing site with minimal requirement for native vegetation clearing, council will undertake any assessments on behalf of the applicant. Should more extensive clearing be required, e.g. rebuilding on a new site or extensive clearing for Asset Protection Zones or new access, council will advise the applicant on the biodiversity assessment requirements and who will be responsible for undertaking that assessment.
Implications of the following pieces of legislation will be considered in any post fire rebuild DA Assessment:
The Biodiversity Offset Scheme threshold (BOS) Threshold is a test used to determine when is necessary to engage an accredited assessor to apply the Biodiversity Assessment Method (the BAM) to assess the impacts of a proposal.
The thresholds for entry into the BOS are any of the following:
If clearing and other impacts exceeds the trigger thresholds, the BOS applies to the proposed development and a Biodiversity Development Assessment Report (BDAR) must be prepared and submitted with their application.
|Minimum lot size associated whe property||Threshold for clearing, above which the BAM and offsets scheme apply|
|Less than 1 ha||0.25 ha or more|
|1 ha tless than 40 ha||0.5 ha or more|
|40 ha to less than 1000 ha||1 ha or more|
|1000 ha or more||2 ha or more|
Table 1 Biodiversity Offsets Scheme clearing area thresholds (Council can confirm which minimum Lot size applies)
Applicants are advised to check their proposal against the first two thresholds above by accessing the Biodiversity Values Map and Threshold (BMAT) tool at: www.lmbc.nsw.gov.au/Maps/index.html?viewer=BOSETMap
A BMAT user guide can be found at: www.environment.nsw.gov.au/research-and-publications/publications-search/biodiversity-values-map-threshold-tool-user-guide
Council staff will assess the third threshold, impacts to threatened species, through a site visit. Should impacts to threatened species be likely further assessment by the applicant may be required.
Further information on the BOS can be found at the link below: www.environment.nsw.gov.au/topics/animals-and-plants/biodiversity/biodiversity-offsets-scheme/how-it-works
The KSEPP came into effect in March 2020, replacing the State Environmental Planning Policy No 44 – Koala Habitat Protection, and aims to protect Koala populations and their habitat.
Criteria for development applications under the KSEPP can be found in the new Guideline document (https://pp.planningportal.nsw.gov.au/draftplans/under-consideration/koala-habitat-protection-guideline) however Council staff will assist applicants by undertaking site inspections to determine the implications of the SEPP for each application. Further KSEPP information for landholders can be found at the link below: www.planning.nsw.gov.au/-/media/Files/DPE/Factsheets-and-faqs/faq-koala-SEPP-landholders-2020-03-20.pdf
An exemption to the Koala SEPP is now in place where the replacement dwelling is proposed on the same building footprint as the destroyed dwelling.
The EPBC Act is the Australian Governments key piece of environmental legislation, focussing on the protection of matters of national environmental significance including species and ecosystems.
Potential impacts to matters of environmental significance need to be assessed as part of a Development Application and council staff will assist applicants through this process.
Further information on the EPBC Act and associated environmental assessment can be found at https://www.environment.gov.au/epbc/environment-assessment-and-approvals
Registered builders are insured tradesmen who manage the build including the contracting of licenced tradespeople. They are responsible for managing permits and organising inspections on your behalf.
As an owner builder, you take on many of the responsibilities of a registered builder and accept any associated financial risks. Responsibilities include:
Adantages may include:
Is there any additional paperwork I need before I can start my re-build?
Once the site has been cleaned by either the NSW Government’s appointed contractor or your self-appointed contractor, you will need to ask for the Occupational Hygienist’s Clearance Certificate. Council (or your Private Certifier) will need to sight a copy of that Certificate prior to the issue of a Construction Certificate.
Your A3 site plan should include:
The Building Sustainability Index (BASIX) requirements apply to all residential dwelling types and are part of the development application process in NSW. In NSW, there are BASIX requirements for water and energy usage and thermal comfort performance that apply to:
To obtain your BASIX Certificate, call the Department of Planning dedicated BASIX bushfire recovery hotline 1300 054 464 or visit www.planningportal.nsw.gov.au/planning-tools/basix
The Aboriginal Heritage Information Management System (AHIMS) is a database that contains detailed information on recorded sites of Aboriginal and Cultural Heritage. It is used to help identify, manage, conserve and protect local sites and heritage. In line with the current legislation, we require an Aboriginal Heritage Information Management Systems (AHIMS) report (this is a 2 page document) as part of your Development Application.
Reports can be obtained from: www.environment.nsw.gov.au/awssapp/Login.aspx?ReturnUrl=%2fawssapp%2fMySearches.aspx.
If you are having issues obtaining this report on your property, contact firstname.lastname@example.org.
In accordance to legislative requirements, the Aboriginal Due Diligence Statement demonstrates that you have considered: