Development Consent / Complying Development Certificate - Shellharbour City Council - New South Wales


You will require this approval in order to undertake development activities. This approval can be provided either through a Development Consent or a Complying Development Certificate, which cover a range of activities that include:

  • changing the use of land
  • subdividing land
  • undertaking building and construction work on public or private property (apart from public roads, which is covered by a separate approval)
  • demolition of a building or work
  • constructing a temporary entertainment structure.

Before you apply for Development Consent or Complying Development Certificate, it is recommended that you contact Council for a Planning Certificate which contains important information about the property involved, such as environmental, heritage or planning restrictions.

There are three different categories of development:

  • Exempt Development - this includes activities such as minor, do-it-yourself, renovation work. For example, replacing the tiles in your bathroom or erecting a pre-fabricated structure such as a garden shed. Exempt development activities do not require council approval.
  • Complying Development - if your proposed development meets the standards for a Complying Development Certificate, it can be approved through this fast tracked process. This certificate can be obtained if your proposed development meets predetermined standards such as maximum building height, length and width.
  • Development Consent - more complicated development proposals must pass through the Development Consent application process.

If your development is approved under a Complying Development Certificate, you can begin your development work immediately. Once the work is complete, the council will inspect the development to ensure that it has met the agreed guidelines and grant you final approval with an Occupation Certificate. Please note that building inspections may take place throughout the development process.

If your development is approved under a Development Application, you will need to wait until you are issued a Construction Certificate before starting your development work (except for when Development Consent is granted for construction of a temporary entertainment structure). Once the work is complete, the council will inspect the development to ensure that it has met the agreed guidelines and grant you final approval with an Occupation Certificate.

Temporary entertainment structures include tents, booths, marquees, fencing, prefabricated buildings, seating stands and stages or platforms.

Service type


A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

You must provide details such as the exact location of the proposed development, building height, access driveways, emergency evacuation plans, floor space ratios and noise management plans.

If your proposal relates to a residential dwelling, you will need to submit a Building Sustainability Index Certificate (BASIX) with your proposal. BASIX is a web-based planning tool designed to incorporate a range of environmentally sustainable features into your development project. If your development application that relates to residential apartment development you may require a statement by a qualified designer.

If your proposal involves the installation, extension, or modification of any fire safety systems, then you will be required to submit plans detailing the fire safety systems that are part of the development.

If the application relates to Designated Development, an Environmental Impact Statement is required. Designated Development refers to high impact developments or those located in or near an environmentally sensitive area. Designated Development does not include State significant development.

Please be aware that if your proposed development is in bush fire prone land, you may require a bushfire attack level (BAL) risk assessment. Please contact your local rural fire service for details.

The Council may also impose specific conditions on individual Development Consents and Complying Development Certificates.


As specified


Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All -

Fees will vary depending on your circumstances. Please consult the Contact Officer for more information.

Apply Lodgement All $5.00

Fee for registration of complying development certificate. Fees for 2022-23

Comply Lodgement All $5.00

Payment of development contributions, portal fee. Fees for 2022-23

Vary Lodgement All $40.00

Fee for use of NSW planning portal to lodge application for modification of development consent. Fees for 2022-23

Act(s) name

Environmental Planning and Assessment Act 1979 New South Wales

Regulation(s) name

Environmental Planning and Assessment Regulation 2021 New South Wales

Lodgement process


All Development Applications and other planning related applications must be lodged electronically via the NSW Planning Portal.

To apply for a Development Consent / Complying Development Certificate you must:

  • register for the NSW Planning Portal
  • complete the online application form
  • pay the prescribed fee.

Additional information

You may need a complying development certificate if you operate one of the following activities as a home-based business:

  • bed and breakfast accommodation
  • home business for the manufacture of food.

All development must comply with the conditions laid out under the state regulation and the standard conditions located in the state policy.

To apply for a Complying Development or Development Consent Certificate or modify your Construction or Complying Development Certificates you must make an account for the NSW Planning Permit

Appeal fees

Fees Details for this service in table format.

Type Business Structure Amount Description
Lodgement All $5.00

Fee for review of determination of development application (DA). Fees for 2022-23

Administering agency

Shellharbour City Council

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.