Which approval your project needs, what the Sutherland Shire LEP and DCP control, and how bushfire, flood, heritage and foreshore overlays change the pathway, explained by the builder who manages them.
Takes 30 seconds. Keiron Moore, the builder, runs every site assessment himself.
Pictured: CKS Projects site works above the ocean, NSW.
Most new homes, second storeys and major renovations in Sutherland Shire need one of two approvals: a complying development certificate (CDC) from a certifier, or a development application (DA) to Sutherland Shire Council. Which one depends on the lot and the design.
This guide is general information, not advice for your site. We confirm the pathway for your block at the site assessment, before the design is locked in.
| Council | Sutherland Shire Council (sutherlandshire.nsw.gov.au) |
|---|---|
| Planning instrument | Sutherland Shire Local Environmental Plan 2015 |
| Fast pathway | CDC from a certifier or council, in as little as 20 days, where the state standards are met |
| Standard pathway | DA to Sutherland Shire Council, then a construction certificate |
| Start here | The section 10.7 planning certificate for your lot |
| Also needed | BASIX certificate for every new home |
Three pathways cover most home building work. The lot's controls and the design decide which one applies.
| Pathway | Who approves it | When it applies |
|---|---|---|
| Exempt development | No approval needed | Minor, low-impact work that meets the exempt standards |
| Complying development (CDC) | A private certifier or council, in as little as 20 days | Projects that meet set state standards: many new houses and alterations and additions under the Housing Code, and dual occupancies of up to two storeys under the Low Rise Housing Diversity Code |
| Development application (DA) | Sutherland Shire Council, then a construction certificate and a principal certifier | Projects outside the standards, and commonly land with heritage, bushfire, flood or foreshore controls |
Sources: NSW Planning, complying development · NSW Planning Portal, BASIX · NSW Planning, low and mid-rise housing.
Two documents shape what can be built on a Shire lot, and they work at different levels.
The legal planning instrument: land use zones and development standards such as maximum building height, floor space ratio and minimum lot size, plus the list of heritage items. It has its own clause on minimum lot sizes for dual occupancies. Read the LEP.
Detailed design guidance that applies to a development application: things like setbacks, landscaping and privacy. It is published by Sutherland Shire Council. A CDC is assessed against the state codes instead.
Parts of the Shire carry overlays that change the design and often the pathway. The section 10.7 planning certificate for the lot discloses them.
Development must meet the NSW RFS Planning for Bush Fire Protection 2019. The BAL rating sets requirements for cladding, glazing, decks and roofing. NSW RFS.
On flood-affected land the finished floor level is set relative to the flood planning level, which can change the slab and the height of the house.
Heritage items and conservation areas change what can be demolished or added, and usually mean a DA.
Lots on the Georges River, the Woronora River and Port Hacking can carry foreshore and flood controls that shape where and how high you can build.
Building across the river? In the Georges River council area the instrument is the Georges River Local Environmental Plan 2021, not the Sutherland Shire LEP. The state pathways above are the same. See the Georges River area.
The Sutherland Shire Local Environmental Plan 2015 is the legal planning instrument for the Shire. It sets the land use zones and development standards such as maximum building height, floor space ratio and minimum lot size, and lists heritage items. It also has its own clause on minimum lot sizes for dual occupancies. You can read it on the NSW legislation website.
The LEP is the legal instrument: zones and development standards. The council's development control plan (DCP) adds detailed design guidance that applies to a development application, such as setbacks, landscaping and privacy. A complying development certificate is assessed against the state codes instead.
A complying development certificate (CDC) is issued by a private certifier or council for projects that meet set state standards, in as little as 20 days. It covers many new houses and alterations and additions under the Housing Code, and dual occupancies of up to two storeys under the Low Rise Housing Diversity Code. Anything outside those standards, or on land with certain constraints, needs a development application (DA) to Sutherland Shire Council. Heritage, bushfire, flood and foreshore controls commonly mean a DA.
Start with the section 10.7 planning certificate for the lot, which discloses the zoning and the overlays affecting the land, such as bushfire prone land, flood planning, heritage and foreshore controls. The LEP maps show the zoning and standards too. We read both at the site assessment.
The planning certificate tells you. Development on bushfire prone land must meet the NSW RFS Planning for Bush Fire Protection 2019. A Bushfire Attack Level (BAL) assessment then sets requirements for cladding, glazing, decks and roofing, and bushfire prone land often means a DA rather than a CDC.
A construction certificate and a principal certifier are needed before building work starts. Every new home also needs a BASIX certificate, and renovations and extensions need one above a set cost of works.
Often. Since 1 July 2024, dual occupancies have been permitted in the R2 Low Density Residential zone across NSW, subject to local controls such as minimum lot size, which the Sutherland Shire LEP 2015 sets in its own clause. See duplex builders in Sutherland Shire.
Send the address. At the site assessment we read the planning certificate and the LEP maps for your lot and tell you which approval the project needs, before any design money is spent.
Related services