Category: Blog

6. Assuming that ‘existing’ means ‘approved’

A common mistake is treating everything physically present on a site as lawfully existing. In planning terms, lawfully existing means what has been lawfully approved, constructed under valid exempt or CDC provisions, or otherwise legitimised. Anything outside those categories may be considered unauthorised and cannot safely be treated as a baseline for a new proposal.

Garages, extensions, decks, outbuildings, rooms, swimming pools, carports and even internal alterations may look established and long-standing, yet many were built without any recorded approval. Council planners are required to assess the proposal against the lawfully existing development on site. This commonly triggers RFIs, the need to regularise unauthorised works through a separate or concurrent application, or in more serious cases refusal, because the impacts cannot be properly evaluated and the documentation is considered inconsistent or inaccurate.

For example, an extension proposed over an existing deck seems simple, with no change to site coverage or landscaped area. But if that deck was never approved and the area beneath it is recorded as landscaped area under the original consent, Council will assess the extension against the approved landscaped area, not the existing site conditions, and the proposal may fall short of landscaping or site coverage requirements. Similarly, replacing an existing carport with a new garage looks like a like-for-like swap, but if the carport was never approved it cannot be relied upon to justify the size, height or location of the new garage. Council will assess the proposal as though the carport does not exist.

The same issue arises in a commercial context, where a business lodges a change of use or extension of trading hours application without recognising that works undertaken to support its expanded operations, such as a fitout into an adjoining tenancy or an altered internal layout, were never approved. Council may require those works to be regularised before the current application can proceed.

7. Designing in isolation from the local context and streetscape

Applicants often focus so heavily on maximising yield that the design ends up appearing out of place in its street and neighbourhood context. A proposal that ignores prevailing setbacks, roof forms, materials, landscaping patterns or the established rhythm of the street can struggle even when it meets the written controls. Councils across NSW increasingly expect proposals to demonstrate how they respond to, and positively contribute to, the existing and desired future character of the locality, not just how they fit within the numerical envelope.

8. Assuming a variation will be supported by Council

Designing outside the planning controls on the assumption that Council will simply accept the variation is a common and costly error. While the DA process allows Councils to consider justified variations in some circumstances, this is not a guarantee. A proposal relying on multiple or significant departures from the controls is much harder to justify and may result in major design changes being required, or refusal. It is generally better to start with a design that works within the controls and seek variations only where there is a genuine site-specific planning reason.

Equally costly is relying on unapproved works, or works approved under past planning controls, as a precedent to support a variation to the current controls. Applicants sometimes argue that because a neighbouring property, or their own, has a non-compliant setback, height, floor space ratio or landscaped area, the proposed variation should be accepted on the same basis. This line of reasoning almost never succeeds.

9. Not allowing enough time or budget for Council RFIs or design changes

Applicants frequently budget for the initial set of architectural plans and consultant reports while underestimating how often a DA requires minor or major redesign during assessment. Council RFIs, advice from external referral agencies, neighbour objections and compliance issues regularly mandate changes to DA documentation. Where architectural plans are amended, the accompanying consultant reports and plans usually need updating too, causing further delays and additional consultant fees.

Where no allowance has been made in the project timeline for these amendments, the process quickly becomes stressful. Applicants can find themselves under pressure to accept a compromised design simply to keep the application moving. Building a realistic timeline in from the beginning allows flexibility to respond properly to Council feedback and secure a better outcome.

10. Not understanding the difference between planning approval and construction approval

A DA determines whether a proposal is acceptable from a planning perspective, assessing matters such as zoning, height, setbacks, impacts on neighbours and consistency with planning controls. Once consent is granted, many applicants assume they can proceed straight to building.

In reality, DA consent is only the first step. Before construction can begin a Construction Certificate must be obtained. This stage focuses on technical and building code requirements: structural design, fire safety, accessibility, stormwater, sewer, service provider engagement, and compliance with the National Construction Code and Building Code of Australia. Depending on the works, separate approvals may also be required from Council under other legislation, such as the Roads Act for new services within the road reserve or a new vehicular crossing. The timing of these depends on Council’s own processing timeframes rather than the applicant’s. Overall, the CC process can take 1 to 3 months for a simple project such as an extension to an existing house, or 3 to 6 months for an entirely new building.

How do I avoid these mistakes on my own application?

Almost every item on this list is resolved the same way: front-load the work. Confirm the zoning, planning controls, title constraints and approval history of the site before the design is drawn. Identify which specialist reports are needed and get preliminary advice from those consultants early enough that it can shape the plans. Confirm who is legally required to sign the owner’s consent. Then have the full package reviewed against the Council’s submission requirements before it goes onto the Planning Portal.

Done properly, this adds a few weeks at the front of a project. Skipped, it routinely adds several months at the back of one.

Get a free consultation today to find out where your project stands

Contact Corona Projects

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by Alex Machkevitch

Most DA delays in NSW are avoidable, and they start before you lodge

For anyone who has not lodged a Development Application before, the process can seem complex. Whether the project is a minor home renovation, a new build, or a change of use approval for a new business, there is a considerable amount of work between the initial idea and final approval. Design preparation, supporting reports, public notification, council assessment, and a realistic amount of waiting while all of this happens.

This article sets out how the process actually works, from the preparation stage through to lodgement and determination. If you want the specific traps rather than the process, our companion article covers the 10 most common DA mistakes and how to avoid them.

What is a Development Application?

A local Development Application (DA) is a formal approval from your local council to carry out development. That might be a new build, an extension, a change of use, or something as simple as a new driveway, an additional room, or a pergola in the back yard.

Every DA is assessed against a set of council specific planning rules that apply to your site. In NSW these usually include a Local Environmental Plan (LEP) and a Development Control Plan (DCP). Depending on the site there may be other policies which are relevant, including heritage controls, flood or bushfire provisions, or State Environmental Planning Policies, which can override council controls for certain types of development.

Do I need a DA for my project?

Not every change to a property needs a full Development Application, and it is worth checking this before you get too far into planning.

Some minor works are exempt development, meaning no approval is needed provided they meet a strict set of criteria around size, location, and construction materials. A small deck, a garden shed, or minor internal refurbishment may meet these requirements, however this must be confirmed against the State exempt development codes.

Other projects may qualify for a Complying Development Certificate (CDC), which still needs approval but is assessed against a fixed checklist of state wide standards rather than council specific controls, and can often be approved much faster through a private certifier.

Quick Reminder: What is the difference between a DA and CDC?

A DA allows council planners to assess your design on its merits, considering things like streetscape, neighbour impacts, and local character. This can be more flexible but carries more risk, as Council can refuse to grant it.

A CDC is a fast-track approval that can be issued by a private certifier or Council. If you meet every requirement exactly, you must be approved, and there is no subjective decision making by council.

The catch is that exempt development and CDC require strict compliance with the relevant state wide standards, so what looks like a simple job on paper does not always qualify. It is worth having this checked early, because assuming something is exempt when it is not can result in unauthorised work that has to be removed or regularised retrospectively. Further guidance on exempt and CDC pathways is available through the Planning Approval Pathways information on the NSW Government’s planning website.

If a project does not fit either pathway, it needs a standard DA lodged with the local Council. Certain sites are also excluded from relying on exempt or CDC pathways because of specific constraints affecting the land, such as:

listed heritage items,
land within a Heritage Conservation Area,
land affected by flooding or bushfire risk,
sites containing other environmentally sensitive features.

Contact Corona Projects

When does a change of use require a DA?

A change of use occurs where a property is proposed to be used for a purpose different from its current or approved land use. This is a common trigger for a Development Application, particularly for commercial and retail premises. Converting a former retail shop into a café, an office into a childcare centre, or a warehouse into a gym would all typically constitute a change of use.

Whether a DA is required depends largely on the approved use, how the site is zoned, and what use is proposed. Even where a proposed use is permitted by the land zoning, council is required to assess whether the new use is compatible with the existing building and site, having regard to matters such as available parking, accessibility, the Building Code of Australia (BCA), hours of operation, noise, and amenity impacts on neighbouring properties.

In some cases a change of use is relatively straightforward, particularly where the new use has a similar impact and operating hours to the previous one. Where the new use is more intensive, generates additional traffic or parking demand, or involves earlier or later operating hours, a more detailed assessment is required. Additional supporting reports such as a traffic study, BCA report, access report or acoustic report may be necessary.

Even where physical building works are minimal or not proposed at all, a change of use can still require a development application in its own right, because it is the use of the land that triggers the need for approval. Confirming the planning requirements early avoids delays during assessment, or worse, a business operating without the required consent. In some circumstances, change of use applications can be carried out under CDC with a private certifier.

What should I do before lodging a DA?

This is the stage applicants are most inclined to rush in order to lodge as quickly as possible, yet it is the stage that delivers the greatest benefit when given proper consideration.

Before finalising any design, it is worth understanding what the site can and cannot do. Every property has its own set of constraints. Zoning, height limits, floor space ratio, setbacks, heritage listings and easements all shape what is achievable. A good planner or architect will review the relevant planning controls early and work the design around them.

It is equally important to identify at an early stage which specialist reports the site and application type are likely to require, rather than leaving this until the design has been locked in. Depending on the site’s characteristics this may include a heritage impact statement, a flood report, a bushfire assessment, an arborist report, or other studies specific to the constraints affecting the land.

Reviewing these requirements early allows the findings to inform the design rather than being addressed retrospectively. A flood report, for example, may influence required finished floor levels, while an arborist report may affect the siting of a building relative to a protected tree. Engaging with these considerations from the start generally leads to a more efficient design and assessment process, and reduces the likelihood of major redesigns later.

This is also the stage to review whether your project actually needs a DA, or whether it might qualify for a faster pathway like CDC. Where a project is eligible, CDC offers significant advantages over the standard DA process, as it is assessed against a fixed set of standards and avoids council DA assessment timeframes. That usually means a faster turnaround and greater certainty of outcome, so it is worth confirming eligibility from the outset, or considering whether minor amendments to the design could bring the project within the CDC criteria.

Does my development need to comply with Council’s LEP and DCP?

One of the key advantages of the standard DA pathway over CDC is that it allows council to undertake a genuine merit assessment of the proposal, taking into account the particular characteristics and constraints of the site. Where strict compliance with a standard such as height, floor space ratio, or setbacks would be unreasonable given the circumstances of a site, the DA process provides scope for council to consider a variation, provided it can be adequately justified on planning grounds.

That flexibility should not be treated as a starting point for a design. Councils are generally not inclined to support significant or unwarranted departures from the planning controls. A variation is far more likely to be accepted where it is minor, well justified, and genuinely responds to a site-specific constraint, rather than being a matter of preference.

Working within the applicable planning controls from the outset remains the more reliable approach and is far less likely to require a redesign during assessment. A compliant design is almost always the easier and faster path through Council, and it reserves any request for a variation for where it is genuinely warranted.

What documentation is required for a DA?

A DA is more than a set of architectural drawings. Depending on the scale and nature of the project, council will typically expect some combination of:

Survey plan of the development site.
Council DA forms, signed by the registered land owners and any other relevant parties.
Estimated development cost, usually prepared by a qualified builder, or in some circumstances a Quantity Surveyor’s report.
Waste management plan, detailing waste generation, storage and collection arrangements for both the demolition and construction works and the ongoing operational phase.
Statement of Environmental Effects, explaining what is proposed, describing the site and its surroundings, and assessing the proposal against the relevant Council and State requirements. Where any part of the design does not strictly meet a control, this document needs to explain why that departure is still a reasonable outcome for the site.
Architectural plans, and often shadow diagrams or landscape plans.
Specialist reports where relevant, such as a Heritage Impact Statement, Stormwater Plan, BASIX Certificate, Flood Report, Traffic Report, or Arborist Report.
Clause 4.6 variation request, if any part of the design does not strictly meet a numerical standard in the LEP, such as height or floor space ratio, and there is a planning argument for why it is acceptable.

Every Council in NSW has its own specific requirements for what must be submitted with a Development Application, and these vary depending on the type of development and the Council area. Before preparing your DA, review the relevant submission requirements guide, which is typically available on the council’s website. It sets out exactly what documents, reports and information are required and is the best starting point before lodgement.

Missing or incomplete documentation at lodgement is one of the most common and most avoidable causes of delay. If a DA is lodged without all required supporting documents, Council will typically return the application as incomplete or issue a formal Request for Information (RFI) shortly after lodgement, requiring the missing information before assessment can begin. This adds time, and in some cases attracts additional fees or requires the application to be re-lodged entirely.

In recent years Councils across NSW have tightened their approach to lodgement requirements, driven largely by the NSW Government’s increased focus on assessment timeframes and Ministerial expectations around timely determination. In response, many Councils now refuse to accept applications that do not include all required documentation upfront, rather than allowing incomplete applications to enter the assessment queue.

Contact Corona Projects

What happens after I lodge my DA?

Once the documentation is prepared, the DA is submitted through the NSW Planning Portal, the centralised online platform used by all councils across NSW. Council carries out an initial administrative check to confirm all required documents have been provided and issues an invoice for application fees. If the application is accepted as complete it is formally lodged and allocated to an assessment officer, at which point the statutory assessment clock begins.

During assessment the DA is typically placed on public notification, allowing neighbouring landowners and the broader community to make submissions in support of or objection to the proposal. The notification period is generally between 14 and 28 days depending on the nature and scale of the development. Where objections are received, the assessing officer must consider the issues raised and address them in the assessment report.

The application may also be referred to internal council departments such as engineering, heritage, ecology, traffic and waste, and in some cases to external agencies such as Transport for NSW, NSW Heritage, the Rural Fire Service, Water NSW or Ausgrid.

The assessment process rarely proceeds in a perfectly linear fashion. RFIs are commonly issued where the assessing officer identifies gaps in the documentation or requires design changes. Where Council issues an RFI, the applicant is typically given between 7 and 21 days to respond, depending on the council and the nature of the request. Failing to respond within the timeframe, or providing an inadequate response, can have serious consequences, including the application needing to be withdrawn and re-lodged, or proceeding to refusal.

Following completion of the assessment, the referrals and any RFIs, the assessing officer prepares a report recommending either approval or refusal. Smaller and straightforward applications are typically determined by Council. More complex or contentious applications may be referred to the Local Planning Panel where they meet the relevant thresholds. Once a decision is made, a Notice of Determination is issued to the applicant on the NSW Planning Portal, confirming whether consent has been granted or refused and setting out any conditions of consent.

How long does a DA take in NSW?

Timeframes vary considerably depending on the council, the complexity of the project, and whether objections or external referrals are involved. A straightforward residential alteration at a council with a reasonably efficient assessment team might be determined in a few months. A more complex application involving site constraints, multiple referrals or a panel determination can take more than 6 months.

My DA has been determined. What happens next?

Council will issue a Notice of Determination confirming whether your application has been approved or refused.

If approved, the notice includes a set of conditions of consent that must be complied with before, during and after construction. Read these carefully, as they govern how the development must be carried out and what must be done before work can commence.

Before any construction can begin, a Construction Certificate (CC) must be obtained. The Notice of Determination details the conditions and requirements that must be satisfied to obtain a CC. Before a CC can be issued, a Principal Certifier must be appointed and an application lodged through the NSW Planning Portal. The Principal Certifier oversees the construction process, carries out mandatory inspections, and ultimately issues the Occupation Certificate (OC) on completion. This role can be undertaken by Council or an accredited private certifier. Appointing your Principal Certifier early is recommended, as they can help identify construction certificate requirements and reduce delays later.

Once construction is underway, inspections are required at various stages to confirm the works are being carried out in accordance with the approved plans and conditions of consent. On completion, an OC must be obtained before the building can be occupied or the new use commenced.

Where a DA is refused, the applicant has two main options: lodge a Section 8.2 Review Application with Council requesting a reassessment of the decision, or appeal to the NSW Land and Environment Court. Both pathways must be pursued within 6 months of the date of determination, so it is important to act promptly if you intend to challenge a refusal.

Where do most DA applications go wrong?

Most of the delays, RFIs and refusals we see come back to a short list of recurring errors. Designing before checking the site constraints, leaving specialist reports until the plans are locked in, assuming existing structures were approved, and treating a variation as a starting point rather than a last resort. We have set these out in detail in a separate article on the 10 most common DA mistakes and how to avoid them.

Get a free consultation today to find out where your project stands

Contact Corona Projects

Housing changes in NSW are creating opportunites for Northern Beaches Council home owners

The NSW Government’s push to increase housing supply across Sydney has resulted in dual occupancies now being permissible in Norther Beaches Council (Former Warringah Area) area, whether council likes it or not.

Dual occupancies have historically been prohibited development on land zoned R2 Low Density Residential within the former Warringah Council Area, now part of the wider Northern Beaches Council. However, recent changes to NSW legislation in response to the ongoing NSW housing crisis have expressly permitted dual occupancy development on land zoned R2 Low Density Residential across the state, overriding the local Council prohibitions on the use in the R2 zone, including within the former Warringah Council Area.

For investors, developers and home owners, this opens the door for subdivision opportunities in Norther Beaches and dual occupancies being the most popular option.

Can I build a dual occupancy (duplex) on my land in the Norther Beaches (former Warringah) Council area?

As of July 1, 2024, updates to the NSW Government Low and Mid rise housing policy made dual occupancies (formerly known as a ‘duplex’) permissible in R2 (Low‑Density Residential) zones across the Northern beaches—including former Warringah, Manly, and Pittwater areas. Some common areas for dual occupancy has been Mona Vale, Newport, Avalon, Warriewood, Elanora Heights and Narrabeen.

This policy broadly aims to encourage and facilitate a higher density of homes within appropriate areas in Sydney and across the state in response to the ongoing NSW housing crisis, which, is the biggest single cost of living pressure people in NSW are currently experiencing.

The bulk of the provisions within the Low and Mid rise housing policy apply only to development within what is referred to as “low and mid rise housing areas” (LMR areas).

These LMR areas encompass an 800-meter walking distance from identified town centres and railway, metro, and light rail stations. There a 171 of these identified areas across NSW, with the bulk located within the Greater Sydney metropolitan area. The few LMR areas outside of Sydney stretch as far North as Newcastle and Maitland and as far south as Nowra.

Currently development of dual occupancies in the Norther Beaches (former Warringah) Council area is only permissable via a Development Application (DA), not a fast‑track Complying Development Certificate(CDC) route.

Quick Reminder: What is the difference between a DA and CDC?

DA allows council planners assess your design on its merits, considering things like streetscape, neighbour impacts, and local character. This can be more flexible but may be more risky as Council can refuse to grant it.

A CDC is a fast-track approval that can be issued by a private certifier or Council. If you meet every requirement exactly, you must be approved, there is no subjective decision making by council.

You can apply via DA for a dual‑occupancy in the Northern Beaches council area if your land:

is R2‑zoned,
is not heritage‑listed,
is not fire-prone or flood affected,
is not land within areas of high aircraft noise (ANEC 25 or greater)
is not in a TOD area (Transport-Oriented Development precincts are areas nearby a major station that the NSW Government has identified for more complex development (often mid-rise apartments, townhouses, or mixed-use buildings).
meets future minimum lot size and width criteria once formalised (see below).

Contact Corona Projects

What is the minimum lot size to build a dual occupancy in Northern Beaches Council

Northern Beaches Council’s proposed standard under the Pittwater Local Environmental Plan for attached dual occupancies in the R2 Low Density Residential zone requires a minimum lot size of 800 m² and minimum street frontage of 18 m. Detached dual occupancies would be allowed only on sites with dual street frontages.

If your property is within an Local Housing Area (LHA), the state’s minimum lot size for dual occupancies is 450 m² with 12 m frontage—but currently only available under a DA.

What do I need to do if I want to build a dual occupancy with my Northern Beaches property

Check your property’s size and frontage against the 800 m² / 18 m requirement.
Check your property zoning and whether it’s in an LHA or excluded (e.g., heritage, bushfire‑prone, TOD).

Get a free consultation today to find out if you qualify

Contact Corona Projects

[1] https://www.nsw.gov.au/media-releases/addressing-housing-crisis-nsw

Dual Occupancies – Northern Beaches Council (Former Warringah Area)

Dual occupancies, or what are more commonly known as a ‘duplex’ when attached, are defined as two dwellings on a single lot of land. Dual occupancies have historically been prohibited development on land zoned R2 Low Density Residential within the former Warringah Council Area, now part of the wider Northern Beaches Council. However, recent changes to NSW legislation in response to the ongoing NSW housing crisis have expressly permitted dual occupancy development on land zoned R2 Low Density Residential across the state, overriding the local Council prohibitions on the use in the R2 zone, including within the former Warringah Council Area.

So, what has driven the recent state wide change in permissibility, how are these development applications assessed, how will the local Council planning framework change in response to these state wide controls, and what implications does this have on your property? We’ll explore these topics in depth below.

State Wide Permissibility of Dual Occupancies

Published on the 28 February 2025, Stage 2 of the NSW Governments new Low and Mid rise housing policy was implemented into the State Environmental Planning Policy (SEPP) (Housing) 2021, under Chapter 6 Low and mid rise housing. This policy came into effect immediately upon publication and follows the implementation of Stage 1 of the reforms on 01 July 2024.

The bulk of the provisions within the Low and Mid rise housing policy apply only to development within what is referred to as “low and mid rise housing areas”, hereafter referred to as ‘LMR areas’. These LMR areas encompass an 800-meter walking distance from identified town centres and railway, metro, and light rail stations. There a 171 of these identified areas across NSW, with the bulk located within the Greater Sydney metropolitan area. The few LMR areas outside of Sydney stretch as far North as Newcastle and Maitland and as far south as Nowra.

Specified residential development within these LMR areas, including dual occupancies, multi-dwelling housing (town houses), and residential flat buildings (apartments), benefit from changes in permissibility and what are referred to as “non-discretionary development standards”. These non-discretionary development standards are essentially state implemented benchmarks that, when achieved on applicable sites, prevent the Council from refusing a development application (DA) based on non-compliance with those standards (as set out in Section 4.15 (2) of the Environmental Planning and Assessment Act 1979). These non-refusal standards pertain to aspects such as maximum floor space ratio, building height, parking provision, site area, lot width, and Torrens-title subdivision.

Further to the provisions afforded to specified residential development within these LMR areas, the Low and Mid rise housing policy has introduced a blanket provision under Section 166 of the SEPP (Housing) 2021 permitting dual occupancy development on all land zoned R2 Low Density Residential. Importantly, this blanket permissibility applies across the entire state and not just development within LMR areas, save for specified excluded areas identified within Section 164 including bushfire prone land, flood prone land (within certain Council areas), land which contains a heritage item, land within areas of high aircraft noise (ANEC 25 or greater), and others.

Whilst this blanket permissibility has made previously prohibited development permissible, the SEPP does not provide the detailed controls that Council use to assess development. This begs the question; how will Council assess an application for a development for which they have no controls?

How are these applications assessed for development that was previously prohibited

In time, Councils across will update both their Local Environmental Plans and Development Control Plans to harmonise with the LMR provisions of Chapter 6 of the SEPP (Housing) 2021. However, in the interim Councils will need to determine how to assess these development applications within the current planning framework.

In the case of development within the former Warringah Area (Northern Beaches Council) there is no dedicated chapter or controls within the Warringah Development Control Plan (DCP) for dual occupancy development in the R2 zone. The DCP does however contain general controls which can be broadly applied to dual occupancy development, although this is not ideal.

Where the DCP is entirely silent on an aspect of the development, or where a control may not be entirely applicable, external guidelines are required to make an informed assessment. Fortunately, the Low Rise Housing Diversity Design Guide for Development Applications (hereafter referred to as the “Design Guide”), published by the NSW Government in July of 2020, serves this exact purpose. The Guide provides consistent planning and design standards for low rise diverse residential dwellings across NSW. This includes provisions for dual occupancy development (attached), manor houses, and multi dwelling housing. Whilst the dual occupancy controls within the Design Guide specifically relate to attached development, it is reasonable to apply these controls to all dual occupancy development, both attached and detached, given the total absence of applicable DCP controls in certain areas.

As this is a developing topic, you should consult with your local Council or town planner if you are unsure what controls will guide your development.

How will the local Council planning framework change in response to these state wide controls?

In response to the implementation of the Low and Midrise housing policy Northern Beaches Council has advertised, and will soon implement, amendments to the current DCP’s (Warringah, Manly, and Pittwater). These amendments provide an additional chapter of controls (Advertised to be part G10 of the DCP) specifically designed to guide Low and Mid-Rise Housing development and bridge the gap until the comprehensive Northern Beaches DCP comes into force, which is anticipated by mid 2026[2]. Notable additions within Part G10 are:

Detached dual occupancies are heavily discouraged aside from large lots;
Front and back dual occupancy arrangements are discouraged and side by side are encouraged;
New side setback, deep soil area, and tree planting controls have been added.

In addition to the DCP changes, the LEP will also be updated to harmonise with the SEPP (Housing) 2021. The forthcoming consolidated Northern Beaches Local Environmental Plan (LEP), which is yet to be publicly exhibited as of time of writing, will presumably permit dual occupancy development within R2 Low Density Residential zones across the entire local government area, and may implement separate standards for such development (FSR, building height, etc.). However, this is currently speculation and we will need to wait for the draft document to enter the public exhibition period for further information, likely in later 2025 or early 2026.

What do these changes mean for your property?

So how does this impact your property within the former Warringah local government area, zoned R2 Low Density Residential? Well, provided your property does not fall within the exclusion criteria listed in Section 164 of the SEPP (Housing) 2021, then you can now consider a dual occupancy. Permissibility on its own however does not automatically entitle your site to a dual occupancy development. Other key factors such as site area, frontage width, existing trees, bushfire prone land, flood affected land, heritage affectation, and many other factors impact whether development is feasible. If unsure, it is often prudent to consult with a town planner to confirm if your site is suitable for a dual occupancy development and, if so, what design factors to consider.

Further to the above, if your site is located within an identified LMR area and outside of the exclusion criteria, you are likely able to benefit from the aforementioned non-discretionary development standards and potentially other development options, such as multi-dwelling housing (town houses) or a residential flat building (apartments). To check if your site is located in an LMR area the NSW Government has created this online tool. Note, that the mapping associated with the online tool is only approximate and walking distances should be verified should there be any uncertainty.

Figure 1: Low and Mid-Rise Housing Policy Indicative Map – Former Warringah Area and surrounds

Conclusion

The introduction of the Low and Mid Rise Housing Policy under SEPP (Housing) 2021 has opened a new pathway to dual occupancy development in the former Warringah Council area and throughout NSW, driving progress in housing availability and reshaping property development potential on the Northern Beaches. In response, Northern Beaches Council is updating its DCPs to include specific controls for low and mid-rise housing, with a consolidated DCP and LEP anticipated by mid-2026 to align with Chapter 6 of the SEPP (Housing) 2021 amongst other changes. Property owners can explore dual occupancy opportunities if their sites meet zoning and exclusion criteria, unlocking new development potential in the region.

Please note that the above information is, to my knowledge, correct as of the time of writing. As this is a developing topic you should ensure you check with your local Council or town planner for the latest information.

[2] https://yoursay.northernbeaches.nsw.gov.au/planning-our-sustainable-future/local-environmental-plan-and-development-control-plan

See the following link to access Clause 4.4 of the KLEP 2015

In a significant shift driven by the NSW Government’s push to increase housing supply across Sydney, dual occupancies are now permissible in Ku-ring-gai Council, whether council likes it or not. Whilst Ku-ring-gai has traditionally been known for its strict planning controls and resistance to increasing density, these statewide planning reforms are aimed at tackling the housing crisis. For investors, developers and home owners, this opens the door for valuable development opportunities in one of Sydney’s most desirable areas.

Permissibility of Dual Occupancies:

Dual occupancies have been and still are listed as a prohibited development under the Ku-ring-gai Local Environmental Plan except for a small number of properties listed in Schedule 1 for historical reasons. They are now however permissible generally across the R2 zone by Section 166 of the State Environmental Planning Policy (Housing) 2021, which states “Development for the purposes of dual occupancies or semi-detached dwellings is permitted with development consent on land to which this chapter applies in Zone R2 Low Density Residential.” It should be noted that State Environmental Planning Polices override Local Environmental Plans. Section 164 should be referred to confirm that the chapter applies to your land. Exclusion of your land from this chapter includes, but is not limited to:

Bushfire prone land
Heritage item
Land which Transport Oriented Development applies
Land identified as Accelerated TOD Precinct

How are they assessed:

The relevant controls in the Ku-ring-gai Local Environmental Plan 2015 and Ku-ring-gai Development Control Plan are still applicable and will be considered in the assessment of dual occupancies. For example, the floor space ratio permitted on your land remains as an applicable development standard.

Clause 4.4 Floor Space Ratio

The following clauses are found within the Ku-ring-gai LEP at Clause 4.4.

(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(2A) Despite subclause (2), the floor space ratio for a building on land in Zone R2 Low Density Residential where the site area is within a specified range in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table.

*Column 1*	*Column 2*
More than 1,700 square metres	0.3:1
More than 1,000 square metres but not more than 1,700 square metres	((170 + (0.2 × site area)) / site area):1
More than 800 square metres but not more than 1,000 square metres	((120 + (0.25 × site area)) / site area):1
800 square metres or less	0.4:1

(2B) Despite subclause (2A), if a dual occupancy (detached) is permissible on the land, the floor space ratio for the dual occupancy (detached) must not exceed 0.4:1.

Subclause (2A) applies to all buildings in the R2 zone, including attached dual occupancies. Subclause (2B) was intended to be applied to dual occupancies permissible under Schedule 1 of the LEP. Now that dual occupancies are permissible, one could argue that the wording of this clause implies that all detached dual occupancies can benefit from an FSR of 0.4:1. However, this is all likely to be updated in the near future.

There are anticipated changes that are expected to come into force that will impact on the assessment of dual occupancies. According to Ku-ring-gai Council’s website, the current status is:

Council is awaiting the gazettal by the NSW government for the minimum lot size of 1,015sqm for dual occupancy development.
Council is preparing controls to guide the development of dual occupancies to be included in their DCP.
Council is preparing a planning proposal to include a maximum floor space ratio for dual occupancies.

There is no confirmation or information available to understand the expected timeframes of these changes. However, at present, dual occupancies can only be assessed against the current applicable controls.

Where the DCP is silent and does not include controls to guide the development of dual occupancies, the controls of the Low-Rise Housing Diversity Design Guide for Development Applications should be considered. This guide helps the council to assess the DAs, until they develop their own specific controls within the DCP. In designing a dual occupancy, the controls included in this guide should also be considered. The guide can be accessed at the following link.

Contact Corona Projects

Low and Mid-Rise Housing

The recently introduced Low and Mid-Rise Housing Policy – SEPP (Housing) 2021 enables a greater variety of housing development across the state. Low rise development includes dual occupancies, terraces and manor houses and mid-rise development included 3 and 4 storey residential flat buildings. The policy enables Low Mid-Rise housing types within the NSW Government Local Housing Areas, which are areas within 800 meters walking distance from the edge of the mapped town centres or the entrance to a nominated train station. In Ku-ring-gai Council, the nominated town centres include:

Roseville Station
Lindfield Station and town centre
Gordon Station and town centre
Pymble Station
St Ives Shopping Village shopping centre
Turramurra station and town centre
Wahroonga Station

The Low and Mid-Rise Housing Policy Indicative mapping, showing indicative LMR housing areas can be viewed at the following link.

If your lot falls within an LMR housing area, there are non-discretionary development standards which apply for dual occupancies, listed in Section 168 of the Housing SEPP. Essentially, this means that a DA lodged for a dual occupancy on this land cannot be refused on the basis of any of the following:

a minimum lot size of 450m2,
a minimum lot width at the front building line of 12m,
if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 1 car parking space per dwelling,
a maximum floor space ratio of 0.65:1,
a maximum building height of 9.5m.

Despite the above mentioned non-discretionary standards, dual occupancies within the LMR areas will be assessed by council under the LEP, DCP and Low-rise Housing Diversity Design Guide for Development Applications until Council’s own controls are in force or complying development becomes available.

Dual occupancies may be subdivided by Torrens Title after an Occupation Certificate is issued.

Section 169(3) of the Housing SEPP provides the non-discretionary development standards for subdivision:

each resulting lot must contain no more than 1 dwelling,
each resulting lot must be at least 6m wide at the front building line,
each resulting lot must have lawful access and frontage to a public road,
each resulting lot must have an area of at least 225m² ,
each resulting lot must not be a battle-axe lot.

Subsection (4) provides that this section does not apply to strata subdivision.

Difficulties to achieving a dual occupancy

Achieving approval for a dual occupancy in Ku-ring-gai council is far from straightforward. Like all forms of development, there are site constraints that can complicate the process—and in some cases, derail it entirely. Without proper due diligence, the dream of a profitable or practical dual occupancy can quickly become unfeasible.

Topography and Drainage

The slope of the land is a major consideration in any development, and this is especially true in Ku-ring-gai, where many sites feature undulating terrain. One of the most common challenges arises when a site lacks adequate fall toward the street. In these cases, gravity-fed stormwater drainage may not be possible.

Alternative drainage solutions such as on-site absorption systems or tapping into an existing stormwater easement may need to be explored. However, securing access to an easement, particularly one that crosses a neighbour’s property, can be both time-consuming , complex and expensive. It often involves legal negotiations, detailed engineering plans, and the cooperation of adjoining landowners. Without an existing easement or the ability to establish one, lodging a dual occupancy development application may not even be viable.

Tree Preservation and Protection

Ku-ring-gai’s established character is defined by its abundant tree canopy, and as such, tree preservation is strictly enforced. Native species and mature trees, both on the subject site, neighbouring properties and on the street, are protected under local controls. Developers must take care to preserve these trees throughout the design and construction process.

In many cases, a tree root investigation may be required, especially if a new driveway or building is proposed within proximity to a protected tree. These investigations can influence the layout of a development or even prevent certain works from proceeding. Preservation of canopy cover is not just encouraged, it’s essential and enforced!

Access and Driveway Design

Providing vehiclular access to two dwellings on one lot is often more complicated than it initially appears. While utilising an existing driveway and splitting it between the dwellings is ideal, this isn’t always possible. If a new driveway is required, a number of physical and regulatory challenges may emerge.

Street trees, stormwater pits, power poles, and other existing infrastructure can all obstruct driveway placement. Relocating services such as Ausgrid power poles or stormwater pits can be extremely costly and time consuming—and only with council consent. In some cases, these obstacles alone can make a dual occupancy design unworkable.

Building on Major Roads

Sites located on major roads present another layer of complexity. Council and Transport for NSW are often more cautious with developments on busier thoroughfares due to safety concerns. To meet design standards, wider driveways may be required and vehicles must enter and exit the site in a forward direction. This can trigger the need for swept path analysis by a qualified traffic engineer, adding both cost and complexity to the design process.

Documents required for lodgement of the DA

Before submitting a development application for a dual occupancy to the local council, it is essential to ensure that all required documentation is complete and ready for submission. There are nine core documents that must accompany every new dual occupancy application (listed below). In addition to these, further documentation may be required depending on the specific circumstances of the development or unique characteristics of the site.

Required documents

Architectural Plans – including a site analysis plan, site plan, floor plans, elevations, sections, shadow diagrams, schedule of colours and materials
BASIX Certificate
Landscape Plans
Owners Consent
Quantity Surveyors Report
Statement of Environmental Effects
Stormwater Plans
Survey Plan
Waste Management Plan

Additional documents

Arborist’s Report – if proposed works are within the canopy or drip line of protected trees under the Ku-ring-gai DCP
Biodiversity Development Assessment Report – if the amount of native vegetation being cleared exceeds the threshold area or the impacts of the development occur on an area mapped on the Biodiversity Values Map
Civil Plans – if you have a steep driveway a civil plan may be required to establish the driveway design and grades
Clause 4.6 Variation – if the proposed works result in a non-compliance with a development standard
Flood Management Plan – if land is identified as flood prone land
Geotechnical Report – if the proposed works result in excavation to a depth of two metres or more below the existing ground level
Heritage Impact Assessment – if the site is located within a heritage conservation area
Noise Assessment Report – for any development adjacent to a rail corridor or near a busy road
Subdivision plan – if Torrens title subdivision or Strata subdivision is proposed
Vegetation Management Plan – if the proposed works will impact either directly or indirectly on areas of remnant native vegetation or riparian areas.

For further detail, we recommend you review Ku-ring-gai Council’s Development Application Guide, accessible at the following link.

Conclusion

Ultimately, while the new planning framework creates exciting opportunities, not every property in Ku-ring-gai is suitable for a dual occupancy. Detailed feasibility assessments are essential before committing to design or purchase decisions. From drainage and access to trees and traffic, each site presents its own unique combination of constraints that must be resolved to achieve approval. Investors and homeowners considering a dual occupancy should engage experienced professionals early—planners, designers, engineers, and surveyors—to understand the full scope of site constraints and avoid costly surprises down the line.

Contact Corona Projects

Housing changes in NSW are creating opportunites for Ku-ring-gai Council home owners

The NSW Government’s push to increase housing supply across Sydney has resulted in dual occupancies now being permissible in Ku-ring-gai Council area, whether council likes it or not.

Whilst the Ku-ring-gai Council has traditionally been known for its strict planning controls and resistance to increasing density, these NSW planning reforms are aimed at tackling the housing crisis.

For investors, developers and home owners, this opens the door for subdivision opportunities in Ku-ring-gai and dual occupancies being the most popular option.

Can I build a dual occupancy on my land in the Ku-ring-gai Council area?

As of July 1, 2024, the NSW Government made dual occupancies permissible in R2 (Low‑Density Residential) zones across Ku‑ring‑gai—BUT only via a Development Application (DA), not a fast‑track Complying Development Certificate(CDC) route.

Quick Reminder: What is the difference between a DA and CDC?

A CDC is a fast-track approval that can be issued by a private certifier or Council. If you meet every requirement exactly, you must be approved, there is no subjective decision making by council.

You can apply via DA for a dual‑occupancy in the Ku-ring-gai council area if your land:

is R2‑zoned,
is not heritage‑listed,
is not fire-prone,
is not in a TOD area (Transport-Oriented Development precincts are areas nearby a major station that the NSW Government has identified for more complex development (often mid-rise apartments, townhouses, or mixed-use buildings).
meets future minimum lot size and width criteria once formalised (see below).

Contact Corona Projects

What is the minimum lot size to build a dual occupancy in Ku‑ring‑gai Council

As of mid‑2025, Ku‑ring‑gai Council endorsed a proposed minimum lot size of 1,015 sqm. Council is now waiting for the NSW Government to formalize (gazette) this requirement and reinstate the CDC pathway.

If your property is within an Local Housing Area (LHA), the state’s minimum lot size for dual occupancies is 450 m² with 12 m frontage—but currently only available under a DA.

What do I need to do if I want to build a dual occupancy with my Ku-ring-gai property

Check your property zoning and whether it’s in an LHA or excluded (e.g., heritage, bushfire‑prone, TOD).
Monitor updates from Ku‑ring‑gai Council or NSW Planning for formal gazettal—which is expected around mid‑2025.
If your property meets future standards, you’ll get to choose between CDC (faster) or DA (if you fall within LHA allowances).
Council’s Development Control Plan (DCP) and any new floor‑space ratio (FSR) provisions for dual occupancies will also be released—these may influence design details.

Get a free consultation today to find out if you qualify

Contact Corona Projects

Have you been contacted by council regarding unauthorised works?

Have you recently received a Notice of Intent to service a development control order under section 9.34(1)(a) and Schedule 5 to the Environmental Planning & Assessment Act 1979 or a Stop Use Order & Demolish Works Order pursuant to Division 9.3 of the Environmental Planning & Assessment Act 1979 issued by local council?

Unauthorised/Illegal building works are more common than you think, and Corona Projects is here to help get you out of a sticky situation and onto the right side of the law!

What are Illegal Building Works?

In NSW, the majority of building and development work requires some sort of consent, a DA approval or a Complying Development Certificate (CDC).

If the proposed works are classified to have ‘low impact’ and meet certain standards, they do not require approval if they are considered to be exempt under the SEPP State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

These low impact projects can include decks, garden sheds, carports and fences BUT many home owners do not realise, when their seemingly minor works do indeed require approval.

This can cause problems ranging from unsuccessful property sales, to a demolition order from council. Under the Environment Planning and Assessment Act 1979, Council has the right to a multitude of actions, ranging from fines to a demolition order.

How are the authorities alerted?

Councils usually become aware of non-compliant structures and works through community complaints (nosy neighbour) or Private Certifying Authorities (PCA) in charge of the development supervision.

According to a report produced by the University of Sydney Policy Lab, several Councils report: “complaints about illegal dwellings ranged from 10 per month (120 per year) to 80 (960 in a year). The majority of these complaints are found to be valid, but due to the volume of complaints and difficulty litigating, Council may choose to first have a verbal discussion with the affected owners before taking formal action.

Common examples of unauthorised building works:

Here are some of the common illegal works that people contact Corona Projects with:

Patios, gazebos and non-compliant decks
Sheds, garages, and granny flats
Change of use
Renovations, alterations, and additions
Pools and spas
Boarding house without permit
Backpackers hostel without permit

Here is a real-life example:

John has a large block of land he bought two years ago. The garage on the land is free standing, and currently used for storage. Conveniently, it has an internal partition, and John thinks that it could be turned into a guest house with some basic renovations. He decides to enlist the help of his friends every weekend as a ‘restoration project’. Eventually, they put a small kitchen and bathroom into the garage, intending to have some friends from another country stay with John while visiting. Just before his guests arrive, John receives a Notice of Intention to Issue an Order from Council.

Issues

While the structure was already on the property when built, the works John carried out changed the use of the building without the appropriate consent.

In this particular case, the consent needed to have been in the form of a Development Approval (DA) to ensure compliance with Building Code standards in terms of the minimum internal wall height, floor drains, BASIX (energy efficiency), water-proofing and more.

What can be done?

Before the council issues any demolition order of the unauthorised building work, you have the chance to obtain approval retrospectively in the form of a DA and/or, building certificate and/or an Occupation Certificate (OC).

A building certificate shows compliance of the works with the Building Code of Australia (BCA) and other relevant standards.

If issued, it ensures that Council will not pursue any action for 7 years. It also assists with property sales, as many potential buyers will request one before settlement.

How can Corona Projects help?

We understand how difficult and confusing navigating planning protocols can be. With more than 25 years of experience working with councils all around Sydney, we can engage with council officers on your behalf to clarify their demands.

Corona Projects takes care of everything:

We assess the unauthorised building works and prepare the necessary documentation for submission to council, giving you an improved chance of retaining your work. This can include:

Drafting services include the structure into site plans and drawings in a format required by council for DA /BIC lodgement
Arranging necessary surveys, engineering certification documents, and other consultant reports
Occupation Certificates
Building Information Certificates

Every property is different and the information provided will vary depending on your property, so we consult with one of our Town Planners to ensure that no mistakes are made.

To discuss further how Corona Projects can help you, please do not hesitate to contact Alex and the team for your FREE consultation.

Get in touch with the Corona Projects Expert Team today.

Completing a house extension or enclosing your existing balcony into a sunroom can be a great idea to maximise your floor area and add the extra room you have always wanted.

This type of building works usually need a Development Application (DA) or a Complying Development Certificate (CDC) and if you don’t make sure you have these necessary approvals, you could end up with an ‘unauthorised works situation’!

What happens if I have unauthorised building works?

Generally, once your local Council has identified unauthorised building works on your property, they will request the space to be reverted to its previous state.

In order to keep these works as they are, you will be required to submit and successfully obtain a Building Information Certificate (BIC) application.

Common problems that result in unauthorised sunrooms or house extensions include:

Exceeding the maximum floor area permitted for your site.
Non-compliance with the Council development standards.
Key compliance issues with the Building Code of Australia (BCA).
Structural inadequacy of the structure and/or extension.
Non-compliance with councils heritage controls – If located within a building of heritage significance or a heritage conservation area.

Corona Projects helping their clients with unauthorised building works

Case Study 1: Conversion of an Existing Balcony into a Sunroom

John recently purchased a new two-storey dwelling with a large first floor balcony facing the street frontage. Once John had moved in, he decided to convert the balcony into a sunroom to create an additional living space. This was done by enclosing the open three sides with a combination of walls and windows.

Enclosed sunroom

This type of building work is not considered exempt development because it does not fall under Minor Building Alterations (Internal or External)¹.

Like many new home owners, John did not realise any formal approval was required for the works to be carried out.

John is now facing an order from his local Council to restore the balcony to its previously approved state. He sought advice from a Corona Projects Town Planner, who helped him determine if the newly created living space has increased the floor space ratio of the building beyond the maximum permitted for his site under the Council’s Local Environmental Plan (LEP).

It is common for new dwellings or dual occupancies to be built to the maximum allowable floor space. Without knowledge of the relevant FSR standards, it is possible that our clients can unknowingly exceeded the maximum floor space permitted for his property.

This is one of the most common issues related to newly enclosed sunrooms and house extensions.

Case Study 2: Conversion of a Porch to a Sunroom for a Building of Heritage Significance

Sunroom conversion

Sally inherited an incredible Federation Queen Anne-style house and wanted to add an additional room at the rear of her dwelling, creating additional living space for her home. As the works appeared minor, Sally had no knowledge that approval was required for her development.

After the work had been completed, the local Council identified the change to the heritage significant building and ordered for the building to be reverted to its previous state. Sally consulted with Council and decided to submit the Building Information Certificate application herself, along with a set of plans, a survey of the site, and a brief description of the works.

In Sally’s case, after the application had been submitted, the Council requested a Heritage Impact Statement (HIS), a Statement of Environmental Effects (SEE), a Certificate of Structural Adequacy, and Stormwater Plans for the application.

Sally needed a Corona Projects Town Planner to assist her with their expert knolwedge in Heritage development applications. Get in touch.

Case Study 3: Unauthorised House Extensions

Sunroom

Unauthorised house extensions vary in complexity and can raise many types of issues including those relating to the Building Code of Australia (BCA) compliance and stormwater drainage.

In this case, Jake had recently decided to extend the rear portion of his house to accommodate a new rumpus room without approval. His neighbours noticed this and reported the development to his local Council. Council then followed up on the alleged building works with a site visit and issued Jake a demolition order for his newly constructed rumpus room. Jake then engaged a Corona Projecgts Town Planner to assist with the Building Information Certificate (BIC) application process.

The local Council advised that they would conditionally issue a BIC for the extension if remedial works were completed to comply with the BCA. Jake, in collaboration with his licensed builder, completed the remedial works and provided BCA certification which resulted in the issuance of the BIC.

How can Corona Projects help you?

There are many more instances of unauthorised works and case studies, each with their own unique circumstances.

If you are in a situation where the local Council has issued a Notice of Intention to Give an Order or a Development Control Order, or if you wish to sell your property and require certification for unauthorised building works, Corona Projects can assist.

Corona Projects can provide clear guidance and assist with organising the necessary information for the council to assess the situation appropriately.

Speak to the expert team at Corona Projects today.

Although constructing a deck or pergola in your backyard may initially seem like a straightforward weekend project, the situation can become significantly more complex if your work is ‘unauthorised’. This means you should have acquired council approval before building the structure and now your structure is an unauthorised.

Do I need council approval to build a deck, pergola or patio?

The regulations surrounding the construction of decks, pergolas, or patios are governed by specific criteria, including:

limitations on floor area,
height above ground level,
setbacks from property boundaries,
and other factors.

The State Environmental Planning Policy (SEPP) 2008 will determine whether council approval is needed for the construction of you new deck, or whether your planned build is ‘exempt’.

The Corona Projects team can review your proposed construction and provide advice as to whether it requires council approval and can complete the Development Application (DA) on your behalf if needed. Speak to the Corona Projects team today.

What happens if I have already built my deck, pergola or patio – do I still need council approval?

If you have already constructed your new deck, pergola or patio, you will need to determine if your construction meets the criteria for ‘exempt development’ (i.e. does not need council approval).

If it’s determined that you do need council approval, you will need ‘retrospective approval’ your local council.

You will typically need to submit a Building Information Certificate (BIC) which involves:

submitting detailed documentation and
ensuring that the current structure complies with relevant building codes and regulations
making any adjustmenets if the structure does not comply.

If you don’t get the necessary approval for your unauthorised building works, you may face legal and financial complications.

Council approval for a deck

When will I have unauthorised building works for my deck, pergola?

When your local council assesses a Building Information Certificate (BIC) for unauthorised decks or pergolas, they will consider several factors to ensure the new structure is compliant with relevant regulations.

Council will consider whether:

the structure has reduced the landscaped area on the property
the distance between the structure and property boundaries meet zoning requirements
the height of the structure causes privacy or shadowing issues for neighbouring properties
the deck or pergola is structurally sound and has compliant balustrades that meet Building Code of Australia (BCA) standards
the appropriate certification from the builder is provided as evidence
the connection of the new roofing to the existing stormwater system provides proper drainage

All these factors could potentially result in unauthorised building works if the deck, pergola or patio construction is non-compliant with the Local Environmental Plan (LEP) or Development Control Plan (DCP).

Case Study – Unauthorised Works for a Deck

Greg constructed a 30-square-meter timber deck at the rear of his family home, designed to serve as a functional outdoor dining area, seamlessly connected to the open-plan kitchen and living spaces. The property was situated on a steeply sloping block, necessitating the deck’s elevation more than 1 metre above the natural ground level.

Following an anonymous complaint from a neighbour, the local council initiated an investigation into the construction, subsequently issuing a Notice of Intention to impose a Development Control Order for the deck’s removal.

In response, Greg enlisted the expertise of Corona Projects to assist in preserving the deck. Through our support, Greg successfully acquired all necessary certificates and supplementary documentation required for a Building Information Certificate (BIC) application, enabling him to bring the project into compliance with council regulations and formalise the works.

Deck unauthorised works

Case Study – Unauthorised Works for a Pergola

Jane decided to enhance her backyard terrace by constructing a pergola to create a weatherproof outdoor living space for her family. Eager to bring her vision to life, she believed the project would be a simple addition to her property. She proceeded with the construction without obtaining the necessary council approvals. The pergola, measuring approximately 20 square meters, was built entirely by Jane without consulting any building professionals.

Several years later, as Jane prepared to sell the property, her real estate agent highlighted that the pergola had not received council approval, raising concerns for potential buyers. The lack of structural certification was identified as a significant issue that could hinder the sale.

In order to address these concerns and facilitate the property sale, Jane engaged the services of Corona Projects to regularise the pergola. Corona Projects assisted Jane in obtaining the required certifications, including a structural certificate from a qualified structural engineer. The expert Corona Projects team submitted the necessary application to Jane’s local council, resulting in a successful outcome.

With the proper approvals and certifications in place, Jane was able to proceed with the sale of her property, ensuring compliance and resolving any potential issues for future homeowners.

Pergola unauthorised workds

Request a free consultation with the Corona Projects team today!