Planning and construction approval documentation requirements

Introduction

The bed of Sydney Harbour, Botany Bay, Newcastle Harbour and Port Kembla Harbour is publicly-owned land. On behalf of the public, this land is vested in Transport for NSW (TfNSW).

A tenure agreement is required in order to occupy or build upon any land occupied by these waterways. As owner of the land, TfNSW also has to be satisfied that the structures are generally capable of being occupied or used and have received all necessary planning approvals.

This obligation is reinforced by the Maritime Services Act 1935which stipulates that permission from TfNSW is required to build or alter any structures on these waterways.

In order to carry out any development on TfNSW land you will need to firstly provide evidence of any applicable development and construction approvals. These approvals will generally be required to be provided before a new tenure agreement can be finalised.

In cases where an existing tenure agreement is already in place which may provide for the proposed development, these approvals still need be supplied to TfNSW before works commence.

Development approvals

Before construction begins on TfNSW land, the proposed development should have appropriate planning permission.

In most cases, this permission will be in the form of a development consent from:

  • a local council
  • a Joint Regional Planning Panel
  • the Department of Planning & Environment or
  • TfNSW itself.

TfNSW should be supplied with both a copy of the ‘Notice of Determination’ of development consent and a copy of the plans of the development, stamped as approved by the relevant consent authority.

In some cases repairs and maintenance works to existing lawful waterway structures can be undertaken as 'exempt' or 'complying' development.

Some projects, such as those carried out by public authorities, do not require either development consent. Instead, that authority has an obligation to assess the environmental impact of its own project – for example, in the case of a local council building a boat ramp.

In these cases, TfNSW should be supplied with a copy of the environmental assessment carried out on that project. This will generally be in the form of a Review of Environmental Factors (REF) or an Environmental Impact Statement (EIS) and should cover any potential impact on navigation.

The assessment should contain plans and a description of the project and must not be in a draft form.

Where development does not fall within one of the categories noted above, it is important to clarify the means by which it is allowed to be undertaken.

For example, Commonwealth departments (such as the Sydney Harbour Federation Trust) are empowered to carry out certain development via Commonwealth legislation. In these cases, a letter should be provided to TfNSW setting out how this legislation provides for the project, along with a copy of any relevant assessment and/or plans.

Construction approvals

Before construction begins on TfNSW land, proposed development should be structurally sound and be shown to comply with all relevant building standards.

Most development which has received development consent will also be the subject of a Construction Certificate (CC).

This can be issued by either the consent authority or by an accredited certifier and confirms that the development will comply with the Building Code of Australia and any other applicable construction requirements.

If the development was subject to a CC, TfNSW should be supplied with a copy of this as well as the accompanying stamped approved plans.

Further certification in addition to a CC may be required if the development includes pontoons or other floating structures which are not addressed within the CC. In these instances, the pontoons should either be explicitly covered by the CC or separate certification provided from a Registered Engineer.

If the development was subject to an REF or EIS, that particular document may contain either details of the construction arrangements or a statement verifying compliance. If not made explicit in the document, accompanying written confirmation should be provided from the relevant public authority that the development will comply with all relevant building codes and technical standards.

This same requirement also applies to any work undertaken via Commonwealth legislation.

If a Complying Development Certificate (CDC) has been issued for works that can be undertaken as complying development, no further documentation is required as the CDC itself confirms compliance with all relevant building codes.

Checklist

Development approvals

Provide one of the following:

  • Copy of a valid Notice of Determination and approved plans from the appropriate consent authority.
  • Copy of final environmental assessment (REF or EIS), including plans.
  • Letter from Commonwealth Department confirming how the project has been approved with accompanying environmental assessment and plans.
  • Letter from proponent setting out why further planning permission is not required.
  • Copy of Complying Development Certificate and accompanying plans.

Construction approvals

Provide one of the following:

  • Copy of a valid Construction Certificate and accompanying stamped plans.
    Note: if the proposal includes pontoons or other floating structures, TfNSW will also need to be supplied with either:
    • confirmation that the Construction Certificate covers these elements of the development, or
    • certification from a Registered Engineer that these elements will comply with all applicable Australian Standards.
  • Copy of a valid Complying Development Certificate.
  • Written confirmation that the development will comply with all relevant building codes and technical standards.

More information

For more information on what documentation is required, please contact your property officer via property.management@transport.nsw.gov.au
 

Pre-DA meeting service

For advice on lodging development applications seeking approval for water based developments, you can arrange a pre-DA meeting with one of our Maritime planners.

Pre-DA meetings are provided free of charge.

The aim of the meeting will be to identify potential issues and provide preliminary feedback at an early stage that can be addressed by the applicant before the formal DA is lodged.

This will help to expedite the assessment process once the application has been lodged.

The feedback provided in the meeting does not constitute formal advice and TfNSW is not bound to the feedback provided.

Pre-DA meetings can be requested through Maritime Planning.

Guidelines

  1. Each meeting will deal with only one matter.
  2. Meetings are limited to 30 minutes per booking.
  3. The applicant can bring a maximum of 4 people to the meeting.
  4. The applicant is to provide electronic or paper copies of plans at the meeting. TfNSW will retain a copy of these plans after the meeting.
  5. A confirmation email will be sent by the booking portal and a reminder will be sent 1 day prior to the meeting.

Important note: This information does not constitute legal advice. Users are advised to seek professional advice and refer to the relevant legislation as necessary, before taking action in relation to any matters covered by this information sheet.

Disclaimer: While every reasonable effort has been made to ensure that this information is correct at the time of publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person in respect of anything, or the consequences of anything, done or omitted to be done in reliance upon the whole or any part of this information.