From 1 July 2021, a range of fees will be introduced for certain planning applications, certificates and are to be paid by the applicant at the time an application is submitted via the Portal. These fees are in addition to the fees charged by Council for the assessment or processing of your application. The NSW Planning Portal Fees are prescribed by Clause 263B of the Environmental Planning and Assessment Regulation and are over and above any Council related fees. . The NSW Planning Portal fees have been introduced to support the ongoing maintenance and delivery of the NSW Planning Portal and the related ePlanning Digital Services.

The fees to lodge applications via the NSW Planning Portal are as follows:

Last Updated: 8 June 2021

The second phase of the move toward digital lodgement of applications will commence on 1 July 2021. Phase 2 will include mandatory lodgement of occupation certificate applications, certifier appointments, subdivision certificates, subdivision works certificates (previously known as Civil Works Construction Certificates) and building certificates.

The occupation certificate applications and certifier appointment can be made via the Portal anytime after CC or CDC is submitted and prior to the occupation certificate inspection.

What will it mean for me?

From 1 July 2021, these additional application types are required to be lodged via the NSW Planning Portal. For this to occur, applicants will need to register for an account with the NSW Planning Portal. Council will continue to have staff available to discuss proposals with customers and to provide assistance with the lodgement of applications.

Council has also developed information to assist you with the process of lodging applications. It can be found at the Yoursay Project Page https://yoursay.bathurst.nsw.gov.au/eplanning. This page will be updated regularly as more information is being clarified.

Will I have to change how I do business?

The lodgement of applications through the Planning Portal is not expected to be a significant change to your normal business practices. The greatest changes are likely to be:

• Lodging applications digitally via the Planning Portal at any time,

• No paper copies of documents or plans required for lodgement,

• Naming the files and allocating them to a category within the Planning Portal, and

• A greater number of documents to be lodged with your application.

The Planning Portal requires a number of mandatory documents to be submitted with your application at a minimum. Council has developed standard templates to assist you, and they are available from the Yoursay Project Page, https://yoursay.bathurst.nsw.gov.au/eplanning

How do I pay fees?

Council will provide you with a Fee Estimate and this can be paid either in person, or by phone. Details are on the Fee Estimate.

Last Updated: 8 June 2021

The NSW Planning Portal (Portal) is an online environment developed by NSW Government Department of Planning, Industry and Environment (DPIE) where community, industry and government can work together to better understand and meet their obligations under the Environmental Planning and Assessment Act 1979. It hosts a range of digital planning services, mapping tools and reporting tools to assist everyone involved in a proposed development. The Portal aims to, improve application determination times, increase the transparency of the planning system, and ensure greater accountability of all stakeholders.

Within the Bathurst Region, the following application types are required to be lodged through the Planning Portal:

• Development Applications
• Complying Development Certificates
• Construction Certificates
• Section 68 (Local Government Act) Applications for Transportable dwellings and On-site Sewerage Management System

Last Updated: 30 November 2020

Step 1 – Register or sign-in to the Planning Portal

To apply for a Development Application online, you must be registered with the NSW Planning Portal. The Planning Portal also allows you to login using your Service NSW account. The NSW Government have produced a ‘How To’ guide to assist you. Download it here.

The builder, draftsperson, shed company or home improvement company may be able to lodge your application on your behalf. Discuss this option with them.

Take me to the Planning Portal to create an account

How to register for a Planning Portal account

Step 2 – Gather and prepare your documentation

PDF format

• All forms, plans, photos and documents must be submitted as PDF files.
• Security settings — including passwords and editing restrictions — must not be applied to these files.

Mandatory documentation

As part of Council's testing of the Planning Portal, we have discovered that the following documents must be uploaded to the Planning Portal in order to lodge your application. Council has developed templates to assist you in having a document available to upload.

• Statement of Environmental Effects
• BASIX certificate (new dwellings with a value of works greater than $100,000, swimming pools with a capacity of 40,000 litres or more, or alterations and additions to a dwelling with a value of works greater than $50,000)
• Cost Estimate Report - where Value of Works exceeds $100,001

Other documentation may be required, depending on the scale and location of the project, including:

• Heritage Impact Statement - where works are in a Heritage Conservation Area or associated with a Heritage Item
• Clause 4.6 variation request - where a variation to a Local Environmental Plan variation is requested

Plans

1. Should be to a standard scale (1:100, 1:200, 1:500), rotated to landscape and provided in PDF or PDF/A format. Plans should not be scanned and must be directly created or converted into PDF or PDF/A format. This enables Council’s assessment officers to accurately measure off the plans digitally.
2. Must be converted electronically rather than printed and scanned
3. Should be A3 size or less and at a maximum scale of 1:100 or 1:200 (unless previously agreed to by our Council staff) with the scale and size clearly displayed on all plan sheets.
4. Colour plans are highly desirable and are to have a resolution between 300 and 900dpi.
5. Black and white plans may be accepted on the basis that they are created in grayscale at a resolution of at least 300dpi.
6. Plans should be grouped together with their relevant plan type as a separate PDF file following a naming convention of: 'Site plan - 158 Russell Street Bathurst’, ‘BASIX certificate – 158 Russell Street Bathurst’.
7. Floor plans must be provided in their own separate file, together with a redacted (edited to hide the internal layout of the dwelling) floor plan, and not combined with any other plan.
8. The specific plans and documents will vary depending on your development. Generally, the following plans will be required for most applications:
   • A Statement of Environmental Effects
   • Plans of the proposed development including site plan, floor plans, elevations and sections
   • Plans demonstrating proposed landscaping
   • Plans of existing development (if being retained wholly or partly)
   • Subdivision Plans (if a subdivision is proposed)
   • BASIX Certificate (residential developments including swimming pools) and plans demonstrating commitments

Step 3 – Lodge your application

It’s your responsibility to provide all required information with enough detail for a decision to be made. Use Menu Item 2 as shown in the menu to the left, lodge your Development Applciation.

The Planning Portal will indicate mandatory documentation, however, you may also be required to upload additional documents. If you are unsure, please contact Council for advice. Getting this right will save time and money. We’ll aim to review your application within 3 business days of receiving it. The pre-lodgement review determines the suitability of the application for lodgement. It is not a comprehensive assessment of the application. If more information is required, we’ll be in touch.

When your application is ready to proceed, we’ll request payment via email with a fee estimate attached. The application will only be lodged once payment is received. Timeframes are a guide only.

How to lodge your application guide

How to provide additional information guide

I'm ready to lodge, Take me to the Planning Portal

Step 4 – Pay for your application

Application fees will be calculated by Council staff and provided to you in writing after we've received your Development Application. Council aims to email you a fee estimate within 48 hours of receiving notification of the application being lodged. The assessment of your Development Application will not commence until all outstanding fees have been paid.

If payment is not received within 3 business days, your application may be returned to you.

The fee estimate provided by Council will relate to the lodgement of applications only. Further conditions relating to the payment of fees, including Section 7.11 developer contributions and headworks charges may also be imposed as part of any consents. These fees can only be determined definitively as part of the assessment process and will be included in the conditions of consent. It is recommended that you contact a Council planner to determine whether or not Section 7.11 developer contributions may also be payable to Council in respect of your application.

Step 5 – Lodge your Construction Certificate Documentation (Optional)

Building works

Council offers certification services for all new and alterations to residential and commercial projects.

Council is appointed as the Principal Certifier for the majority of building work in the Bathurst Region, and employs five building surveyors with over 90 years of experience. To discuss Council's certification services, contact David Nelson or Geoff Press on 6333 6276 or click here to email an enquiry.

If you are wishing to appoint Bathurst Regional Council as your certifier, you will be required to lodge the following post-consent applications:

1. Construction Certificate Application,
2. Principal Certifier Agreement, and
3. Occupation Certificate Application.

Lodgement of these applications can be made prior to the determination of a Development Application, however, these applications will not be determined until the Development Application has been determined.

Application fees will be calculated by Council staff and provided to you in writing after we've received your application. Council aims to email you a fee estimate within 48 hours of receiving notification of the application being lodged. The assessment of your Construction Certificate will not commence until all outstanding fees have been paid and the Development Application has been determined.

If payment is not received within 3 business days, your application may be returned to you.

Last Updated: 10 March 2021

Step 1 – Register or sign-in to the Planning Portal

To apply for a Complying Development Certificate online, you must be registered with the NSW Planning Portal. The Planning Portal also allows you to login using your Service NSW account. The NSW Government have produced a ‘How To’ guide to assist you. Download it here.

The builder, draftsperson, shed company or home improvement company may be able to lodge your application on your behalf. Discuss this option with them.

Take me to the Planning Portal to create an account

How to register for a Planning Portal account

Step 2 – Gather and prepare your documentation

PDF format

• All forms, plans, photos and documents must be submitted as PDF files.
• Security settings — including passwords and editing restrictions — must not be applied to these files.

Mandatory documentation

As part of Council's testing of the Planning Portal, we have discovered that the following documents must be uploaded to the Planning Portal in order to lodge your application. Council has developed templates to assist you in having a document available to upload.

• Plans - including Architectural, Site and Structural
• Construction Specifications
• BASIX certificate (new dwellings with a value of works greater than $100,000, swimming pools with a capacity of 40,000 litres or more, or alterations and additions to a dwelling with a value of works greater than $50,000)

For some Complying Development applications, a Design Verification Statement may also be required.

Plans

1. Should be to a standard scale (1:100, 1:200, 1:500), rotated to landscape and provided in PDF or PDF/A format. Plans should not be scanned and must be directly created or converted into PDF or PDF/A format. This enables Council’s assessment officers to accurately measure off the plans digitally.
2. Must be converted electronically rather than printed and scanned
3. Should be A3 size or less and at a maximum scale of 1:100 or 1:200 (unless previously agreed to by our Council staff) with the scale and size clearly displayed on all plan sheets.
4. Colour plans are highly desirable and are to have a resolution between 300 and 900dpi.
5. Black and white plans may be accepted on the basis that they are created in grayscale at a resolution of at least 300dpi.
6. Plans should be grouped together with their relevant plan type as a separate PDF file following a naming convention of: 'Site plan - 158 Russell Street Bathurst’, ‘BASIX certificate – 158 Russell Street Bathurst’.
7. Floor plans must be provided in their own separate file, together with a redacted floor plan, and not combined with any other plan.
8. The specific plans and documents will vary depending on your development. Generally, the following plans will be required for most applications:
   • A Statement of Environmental Effects
   • Plans of the proposed development including site plan, floor plans, elevations and sections
   • Plans demonstrating proposed landscaping
   • Plans of existing development (if being retained wholly or partly)
   • Principal Certifier Agreement
   • BASIX Certificate (residential developments including swimming pools) or Section J (commercial developments), and plans demonstrating commitments

Principal Certifier Agreements

If you are wishing to appoint Bathurst Regional Council as your certifier for building work, before you start any approved building or construction work Council must be appointed as a principal certifying authority (PCA). Council, as the certifying authority, requires the landowner to enter an agreement with Council to be lodged with the Complying Development application.

The principal certifying authority oversees the development’s construction phase and completes mandatory building inspections, known as critical stage inspections, to make sure that building standards are met.

Once building work has finished, the principal certifying authority will complete final inspections and issue the final occupation certificate, if all requirements have been satisfied.

The Principal Certifier Agreement contract can be downloaded here.

Step 3 – Lodge your application

For CDC applications lodged within the Bathurst Regional LGA, Council will assume the application is under the criteria listed in Schedule 3 of the Bathurst Regional LEP 2014. For applications under another SEPP, please indicate the approval pathway in the description of the development.

It’s your responsibility to provide all required information with enough detail for a decision to be made. Using Menu item 1 as shown on the left), lodge your Complying Development Certificate.

The Planning Portal will indicate mandatory documentation, however, you may also be required to upload additional documents. If you are unsure, please contact Council for advice. Getting this right will save time and money. We’ll aim to review your application within 3 business days of receiving it. The pre-lodgement review determines the suitability of the application for lodgement. It is not a comprehensive assessment of the application. If more information is required, we’ll be in touch.

When your application is ready to proceed, we’ll request payment via email with a fee estimate attached. The application will only be lodged once payment is received. Timeframes are a guide only.

How to lodge your application guide

How to provide additional information guide

I'm ready to lodge, Take me to the Planning Portal

Step 4 – Pay for your application

Application fees will be calculated by Council staff and provided to you in writing after we've received your Complying Development Certificate application. Council aims to email you a fee estimate within 48 hours of receiving notification of the application being lodged. The assessment of your Complying Development Certificate will not commence until all outstanding fees have been paid.

If payment is not received within 3 business days, your application may be returned to you.

The fee estimate provided by Council relates to the lodgement of applications only. Further conditions relating to payment of fees, including Section 7.11 developer contributions and headworks charges may also be imposed as part of any consents. These fees can only be determined definitively as part of the assessment process and will be included in the conditions of consent. It is recommended that you contact a Council planner to determine whether or not Section 7.11 developer contributions may also be payable to Council in respect of your application.

Step 5 – Lodge your Post Consent Application

Council offers certification services for all new and alterations to residential and commercial projects, including Complying Development Certificates.

Council is appointed as the Principal Certifier for the majority of building work in the Bathurst Region, and employs five building surveyors with over 90 years of experience. To discuss Council's certification services, contact David Nelson or Geoff Press on 6333 6276 or click here to email an enquiry.

If you are wishing to appoint Bathurst Regional Council as your certifier, you will be required to lodge the following post-consent applications in the Planning Portal (shown as item 3 in the menu) in addition to your Complying Development Certificate application:

1. Occupation Certificate Application.

Lodgement of these applications can be made prior to the determination of a Complying Development Certificate, however, these applications will not be determined until the Complying Development Certificate has been determined.

Application fees will be calculated by Council staff and provided to you in writing after we've received your application. Council aims to email you a fee estimate within 48 hours of receiving notification of the application being lodged. The assessment of your Construction Certificate will not commence until all outstanding fees have been paid.

If payment is not received within 3 business days, your application may be returned to you.

Last updated:10 March 2021

Once you have lodged your Development Application or Complying Development Certificate, you have the opportunity to lodge a post-consent certificate; however, these applications will not be determined until the Development Application or Complying Development Certificate has been determined. These include:

1. Construction Certificate Application,
2. Occupation Certificate Application and
3. Subdivision Certificate Application.

The table below shows which applications are required for different application types.

Lodge your Post Consent Certificate Documentation

A Post Consent Certificate may be required for building works and for subdivision works. You can either:

• Wait until you have a development consent issued, or
• Lodge your applications after, or at the same time, you have made an application for a Development Application or Complying Development Certificate. The process for each is outlined below:

Building works

Council offers certification services for all new, and alterations to, residential and commercial projects.

Council is appointed as the Principal Certifier for the majority of building work in the Bathurst Region and employs five building surveyors with over 90 years of experience. To discuss Council's certification services, contact David Nelson or Geoff Press on 6333 6276 or click here to email an enquiry.

If you wish to appoint Bathurst Regional Council as your certifier, you will be required to lodge the following post-consent applications (shown as item 3 in the menu) via the portal:

1. Construction Certificate Application, and
2. Occupation Certificate Application.

Lodgement of these applications can be made before the determination of a Development Application; however, these applications will not be determined until the Development Application has been determined.

The appointment of Council as the Principal Certifier requires the completion of the Contract for the Performance of Certification Work, generally signed by the landowners and Council.

The contract can be downloaded here.

The contract, once signed by the landowners, is to be uploaded to the Planning Portal with the Construction Certificate or Complying Development Certificate application as a supporting document.

Subdivision or Civil works

A construction certificate is required for subdivision and civil works. Bathurst Regional Council can approve construction certificates for these works.

A Construction Certificate Application for Subdivision works will require the following post-consent applications to be lodged:

1. Construction Certificate Application, and
2. Subdivision Certificate Application.

Lodgement of these applications can be made before the determination of a Development Application; however, these applications will not be determined until the Development Application has been determined.

Application Fees for Construction Certificates

Application fees will be calculated by Council staff and provided to you in writing after we've received your application. Council aims to email you a fee estimate within 48 hours of receiving notification of the application being lodged. The assessment of your Construction Certificate will not commence until all outstanding fees have been paid, and the Development Application has been determined.

If payment is not received within 3 business days, your application may be returned to you.

Last Updated: 13 January 2021

If you wish to appoint Bathurst Regional Council as your certifier, you will be required to lodge the following post-consent applications (shown as item 3 in the menu) via the portal:

1. Construction Certificate Application, and
2. Occupation Certificate Application.

Lodgement of these applications can be made before the determination of a Development Application; however, these applications will not be determined until the Development Application has been determined.

The appointment of Council as the Principal Certifier requires the completion of the Contract for the Performance of Certification Work, generally signed by the landowners and Council.

The contract can be downloaded here.

The contract, once signed by the landowners, is to be uploaded to the Planning Portal with the Construction Certificate or Complying Development Certificate application as a supporting document.

Last Updated: 13 January 2021

Section 68 of the Local Government Act 1993 specifies a range of activities where approvals are required to be obtained from a local council. These are often in addition, or ancillary, to standard development application (DA) requirements, and are known as ‘section 68 approvals’.

The following activities generally require a section 68 approval:

• Applications for new, or alterations to, a septic tank system,
• Approval to operate a septic system,
• Transportable dwellings, and
• Footpath obstructions.

As part of the Development Application or Complying Development Certificate applications, applicants have the opportunity to apply for a section 68 approval as part of their application. Council encourages applicants to choose this option. Bathurst Regional Council requires all septic tank and transportable applications to be lodged through the Planning Portal.

Section 68 applications for other matters such as footpath obstructions, are to be lodged directly with Council at the Civic Centre.

Required documentation

The Planning Portal requires a Description of Works to accompany Section 68 applications. The specifications of the septic system or the architectural plans for the transportable dwelling should be uploaded as the Description of Works.

Other documents should be uploaded in their respective categories, for example, site plan, or geotechnical report.

Transportable Dwellings

A Section 68 approval is required to carry out work that involves the installation of a manufactured home, moveable dwelling or associated structure on land.

1. A manufactured home is defined under s68 of the Local Government Act 1993 as:

• is a self-contained dwelling (that is, a dwelling that includes at least on kitchen, bathroom, bedroom, living area, toilet and laundry facilities)
• comprises of one or more major sections
• is not a motor vehicle, trailer or other registered vehicle authorised under the Roads Maritime Service (RMS) stipulated in the Road Transport Act 2013.

2. A moveable dwelling is defined under s68 of the Local Government Act 1993 as:

• any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
• a manufactured home, or
• any transferrable, structure or object described by the regulations for the purposes of this definition.

On-site sewerage management system (OSSM)

If your home is not connected to the sewer, you may have an on-site sewerage management system, such as a septic tank, composting toilet or aerated system.

There are special regulations that apply to these systems. As the owner of the property, it is your responsibility to ensure that the system is approved by your local council and that it is working properly. On-site systems can be a risk to the health of your family and other community members if they are not properly maintained. They can also cause harm to the environment.

To ensure that your system meets the requirements, you will need to obtain two approvals from your local council.

• The first approval is to install the system.
• The second approval is to operate the system

New On-site sewerage management system

A Section 68 approval is required to install a new OSSM on land not connected to a reticulated sewer system. As part of this application, you will require details of the tank size, effluent disposal method and the like. You will also require a report from a geotechnical engineer to design and size the system appropriately.

Waste means:

(a) effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap.

Alterations to existing On-site sewerage management system

A Section 68 approval is required to alter an existing OSSM on land not connected to a reticulated sewer system. You will require this type of application if you are making any changes to your OSSM, like adding more plumbing fixtures. You may also require a report from a geotechnical engineer if you are increasing the number of bedrooms.

Waste means:

(a) effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap.

Approval to Operate an OSSM

An Approval to Operate under the Local Government Act is required for all septic tank systems on land not connected to a reticulated sewer system. An approval to operate is required for the approval to use the system.

You can apply for an approval to operate as part of a new or alteration to an existing OSSM system.

Approvals to operate are issued for a set term, according to the risk classification for the OSSM; 2 years for high risk systems, 5 years for medium and 8 years for low risk.

Pay for your application

Application fees will be calculated by Council staff and provided to you in writing after we've received your application. Council aims to email you a fee estimate within 48 hours of receiving notification of the application being lodged. The assessment of your application will not commence until all outstanding fees have been paid.

If payment is not received within 3 business days, your application may be returned to you.

The fee estimate provided by Council will relate to the lodgement of applications only. Further conditions relating to the payment of fees, including Section 7.11 developer contributions and headworks charges may also be imposed as part of any consents. These fees can only be determined definitively as part of the assessment process and will be included in the conditions of consent. It is recommended that you contact a Council planner to determine whether or not Section 7.11 developer contributions may also be payable to Council in respect of your application.

Last Updated: 21 December 2020