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How to Make a Submission

In accordance with Council’s Development Control Plan No. 7 – Residential Development and the Public Notification of Development Applications and the provisions of the Environmental Planning & Assessment Act 1979 you may make a submission on a proposed activity. Submissions may be by way of objection or may support the development.

Submissions must be in writing (email and facsimile acceptable) and be received by Council by 4.30am on the day on which the period for submissions close. Your submission should contain in the subject heading the Application No. and the address of the proposed development site. Please state your name, address and contact details to enable future contact by Council Officers. Council is unable to accept anomalous submissions.

Should your submission be by way of objection then the reasons for your objection must be stated clearly in the submission. Council’s consideration of your submission will be restricted to planning matters and the framework contained in Section 79C of the Environmental Planning & Assessment Act 1979 should be referred to for greater detail. Non relevant matters such as civil disputes between neighbours and private rights such as covenants cannot be considered.

Should you believe the development may have an impact on you, then it is prudent to come into the Council Office and review all the available documents (including plan/s) available. Council’s regulatory staff are available to assist you interpret the applicant’s plans and documents.


Assessment Process

Irrespective of whether any submissions are received, Council’s regulatory officers will assess the application in relation to the relevant planning instruments and policies. The application will then be determined under delegate authority.

Should you choose to make a submission you will receive formal acknowledgement of receipt from Council. If you do not receive an acknowledgement letter within five days, please contact Council to ensure that your submission has been received.

If your submission is by way of objection, the application will be referred to Council’s Development Assessment Unit for consideration and recommendation to full Council. The matters raised in your submission will be discussed by the Committee members and will be addressed with a recommendation from the Development Assessment Unit in an assessment report prepared by Council’s regulatory staff for consideration by full Council. This report forms part of the Council’s Business Paper and is a public document and is available upon request. The Business Paper can also be downloaded from Council’s website via the following link:

Uralla Shire Council Business Papers

An opportunity also exists should individuals wish to participate in the public address forum to full Council. Any persons wishing to exercise this opportunity will need to contact Council prior to the meeting day.

Any persons making a submission will be provided with a copy of Council’s Notice of Determination prepared under Section 81(c)(1) of the Environmental Planning & Assessment Act 1979. The application may be approved, approved subject to conditions or refused.

The applicant may appeal Council’s decision to the Land and Environment Court who must consider any submissions (objections) in the same manner as Council. Should an appeal occur, Council will provide submission makers with further information on the court process.

Where an application is received to modify development consent, you may receive re-notification depending on the extent and type of modifications. Minor modifications are not re-notified. If you are not notified your submission will still be considered in the assessment of the modified application.


Privacy

If you make a submission, other people may have access to your comments. This may be as a result of a report to a Council meeting, or as part of an application under the Freedom of Information Act. Section 12 of the Local Government Act 1993 generally allows any person (including the applicant), to obtain copies of the submissions unless the author of the submission can show good reason as to why details be kept confidential. If this is the case, this must be addressed in the submission.


Disclosure of Political Donations and Gifts
The Local Government and Planning Legislation Amendment (Political Donations) Act 2008 (the Act) became effective from 1 October 2008. The Act amends the Environmental Planning & Assessment Act 1979 (EP & A Act) and the Local Government Act 1993. These new laws require the disclosure, upon making a planning application or submission of

  • Political donations of $1,000 or more (or similar donations totalling $1,000 or more); or
  • Gifts as defined by the Election Funding Disclosure Act 1981

made in the two years prior to the application date by you or any person who has a financial interest in the application. If the donation or gift is made after the lodgement of the application, a disclosure statement must be sent to the relevant consent or approval authority within 7 days after the donation or gift is made.

A person with a financial interest may include an applicant, landowners or someone who will obtain a direct financial gain from the application. The new laws also apply to people lodging submissions in objection or to support of planning applications.

If you believe the provisions of the Act may be relevant to you or if you require further information you are encouraged to consult the following sources:

  • A copy of the Act is available on the NSW Parliamentary Counsel’s office website(www.legislation.nsw.gov.au)
  • A copy of the NSW Department of Planning circular PS 08/007 and Guideline: Disclosure of Political Donations and Gifts is available on (www.planning.nsw.gov.au).

For those required to make a Disclosure Statement standard forms are available from Council or can be down loaded from Council’s website via the following link:

Uralla Shire Council Disclosure Statement

If the disclosure form is not completed and submitted to Council, it will be assumed you have made no relevant donation or gift.