Information
Planning & Development Services
Council’s administration building at 247 Rouse Street, Tenterfield is now open for business. Please be aware that not all planning and building staff are available at all times. Council has one (1) planning officer and one (1) building certifier and as such they are often not available in person at the council administration building and are frequently out undertaking inspections across our shire or involved in meetings.
If you are interested in purchasing land in our Shire and are seeking further information in relation to planning and development, Council offers a range of options for planning, building and development enquiries which include;
1. Dwelling Permissibility Search – Fee 2022/23 FY – $154.00
A dwelling permissibility search will identify if it is possible to construct a dwelling on the property with the prior consent of Council – this search is predominantly used for rural parcels of land. Additional information relating to bushfire provisions, vehicular access and flooding (if known) is also provided.
2. Request for Property/Building Information – Fee 2022/23 FY – $205.00
This request can provide more detailed information on a particular property eg. Is the building Council approved, copies of approved plans (with the owner’s consent) and other information as available for individual properties.
3. Building Certificate – $250.00 for dwellings, contact Council for fees for other buildings
An application for a building certificate is generally made where it is uncertain if any structures on a property have been subject to Council approval and is usually applied for when purchasing and/or selling a property. Once an application is made Council’s building certifier will undertake an inspection of the property and determine if the certificate can be issued. Issuing of the certificate DOES NOT guarantee all buildings on the land are Council approved, the certificate only ensures that Council will take no action in relation to rectification works or demolition within seven (7) years of the date of the certificate. If Council does not issue the certificate, the reasons will be relayed to the applicant.
4. Planning Certificate 10.7 (2) – $53.00; 10.7 (5) – $80.00
A 10.7 Planning Certificate is a certificate under Section 10.7 of the Environmental Planning and Assessment Act 1979. There are two types of 10.7 planning certificates, 10.7(2) and 10.7(2&5).
A 10.7(2) Certificate provides you with information such as zoning, whether Draft Local Environmental Plans and Development Control Plans affect the land and whether any restrictions apply to the land due to natural hazards such as flooding and bushfire on the date the certificate is issued.
A 10.7(2&5) Certificate provides you with all of the above information and additional information.
When land is bought or sold the Conveyancing Act 1919 requires a 10.7 Planning Certificate to be attached to the contract of sale.
All applications above can be found on Council’s website https://www.tenterfield.nsw.gov.au/your-council/forms/planning-application-forms
Property planning information can also be accessed on the NSW Planning Portal – all you need is the street address or Lot and Deposited Plan (DP) number and you can access the relevant planning layers applicable to that parcel of land. https://www.planningportal.nsw.gov.au/spatialviewer/#/find-a-property/address
If you wish to make a higher level building or planning enquiry and to ensure you receive the highest level of service it is imperative that you make an appointment to see professional staff by calling 02 67 366 002 or emailing council@tenterfield.nsw.gov.au
Short Term Rental Accommodation
The NSW Government has implemented a new statewide regulatory framework for short-term rental accommodation (STRA), which includes
- a new planning framework
- fire safety standards for STRA dwellings and
- a new government-run STRA Register.
TO UTILISE THE PROVISIONS OF SHORT TERM RENTAL ACCOMMODATION THE BUILDING MUST BE AN APPROVED OR AUTHORISED STRUCTURE AS DETERMINED BY COUNCIL. PLEASE CONTACT COUNCIL TO VERIFY ANY BUILDING PROPOSED TO BE REGISTERED.
The new planning framework compliments the mandatory Code of Conduct and changes to strata legislation made by the Department of Customer Service.
The new laws impose new obligations on booking platforms, hosts, letting agents and guests.
The new state-wide policy for STRA will benefit homeowners who want to take advantage of holiday rentals while providing more certainty and safety for local communities and visitors.
A balanced approach for homeowners and visitors
The new policy has been introduced via amendments to the State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP) and the Environmental Planning and Assessment Regulation (EP&A Regulation) and comprises of:
- a new definition for STRA, hosted STRA and non-hosted STRA;
- an exempt development pathway for hosted and non-hosted STRA, including a 180 day limit restriction for non-hosted STRA based on location;
- an exemption of bookings of 21 consecutive days or more from the day limits for non-hosted STRA;
- new fire safety standards for dwellings used for STRA and associated penalty notice offences for non-compliance; and
- a new Government-run online STRA register.
More information can be found here