Making a Submission
Any person (either a property owner or occupier) who feels that their property or locality may be affected by a notified/advertised development can make a submission.
Council will notify only certain types of planning and development applications (DAs) that are identified in Council’s Development Control Plan. There are a broad range of applications that are not required to be notified that are detailed in this plan as well as proposals that are categorised as either Exempt or Complying Development.
The type of public notification will also vary based upon the type of application being proposed and may include any one or combination of the following:
- giving a notice to the owners of all adjoining land;
- publishing a notice in a local newspaper;
- placing a notice on the land.
You can access Council’s DA Tracking System at any time to view details of applications that have been lodged.
It is important to note that in accordance with the Government Information (Public Access) (GIPA) Act 2009, ALL submissions made in relation to a planning application will be made available on Council’s DA Tracking System. Also, any submission that is not made electronically will be scanned and published on Council’s DA Tracking System.
Considerations when making a submission
In making a submission it is recommended that the following matters are considered:
Property owners (or anyone that has obtained the consent of the property owner) may lodge a planning application to develop land.
Please note that the lodging of a submission does not imply that Council will refuse the application or conversely if a submission of support is received it does not follow that Council will necessarily approve an application.
Objectors to planning applications do not have the right to prevent the approval of a planning application. There is an entitlement to request that legitimate concerns be considered during the consideration of the application. The lodging of a submission does not mean that Council will necessarily support the reasons put forward for or against a proposed development.
Under applicable planning controls Council is required to consider planning applications having regard to a range of legislation including:
These planning controls provide certain entitlements to landowners. For instance, allowing the construction of industrial buildings on land that is zoned for industrial purposes provided that the design is able to meet the criteria contained within the relevant planning controls.
Properly made submissions
A properly made submission must:
- be in writing
- be addressed to the General Manager
- be signed by each person who made the submission unless it is made electronically
- state the name and residential or business address of each person who made the submission
- clearly state what aspects of the plan or proposed development that is being supported or opposed
- be received by Council during the formal public notification period.
Sending a Submission
You can send your submission by mail to the following address:
366 George Street or (P.O. Box 146)
Windsor NSW 2756
DX 8601 Windsor
Email your submission to the following email address:
Political donations and gifts
Any person who lodges a relevant public submission to Council in relation to a planning or development application is required to disclose the following reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing 2 years before the submission is made and ending when the application is determined:
- all reportable political donations made to any local councillor of that council,
- all gifts made to any local councillor or employee of that council.
The Political Donations & Gifts Disclosure Statement contains further explanatory information and Glossary of Terms that will assist in completing the declaration.
What happens if I make a submission?
Council (or the relevant consent authority) is required to consider all matters that have been raised within the submissions made in respect to a planning or development application before making its decision. In addition to reviewing submissions received Council takes into account the following matters:
- requirements of relevant planning instruments, standards and codes
- suitability of the site for the development proposal
- anticipated impacts of the proposed development
- the public interest
Council may either approve (with or without conditions) or refuse an application. Should an application be refused, the applicant is able to appeal Council's decision in the Land and Environment Court.
How do I find out what is happening?
You may track the progress of an application and other submissions received on Council’s website via the DA Tracking System or alternatively, phone Council's Customer Service Counter on (02) 4560 4444. Please note that you may also be contacted by Council’s assessment staff to clarify any matters that you have raised in your submission or to be notified that the application is being referred to a local or regional planning panel for determination.
Following Council’s determination of an application, any person who has made a submission will be notified in writing of the decision regarding this application. In case of a petition only the head petitioner will be advised.
Withdrawing a submission
If you decide to withdraw your submission in respect to a planning application or do not wish to pursue your submission, you can withdraw it by writing to Council. You can also withdraw a submission conditionally, for example, provided certain changes are made to the planning application.
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