In the fast-paced world of planning and development, misinformation is everywhere, especially when it comes to what needs approval, what’s permitted, and how NSW planning laws actually work. Common misunderstandings often lead to costly mistakes, delays, and compliance headaches.
That’s why these Planning Myth-Busting series were created: a straightforward guide designed to separate fact from fiction in the development process, offering accurate, practical insights to help avoid red tape and support smarter decision-making.
This resource supports landowners, business operators, and developers by shedding light on key areas where things commonly go off the rails. Whether you’re overseeing a commercial fit-out or navigating complex zoning issues, knowing how the system really works puts you in control.
Can private certifiers approve everything without Council involvement?
Reality check — they can’t. Private certifiers can only approve developments that fully meet Complying Development Certificate (CDC) requirements. That means zero discretion and no grey areas. Here are the common reasons a Complying Development Certificate (CDC) may not be granted:
- Flood risk, bushfire overlays, or site contamination
- Heritage constraints or location within environmental protection zones
- Presence of unauthorised structures or previous unapproved works
- Non-compliant setbacks, site coverage, or floor space ratio (FSR) or any other non-compliant design aspects
If any of these constraints apply, a full Council assessment is required. Many projects run into trouble because early planning advice wasn’t obtained. Developers often proceed assuming a CDC will be straightforward, only to face unexpected delays due to site-specific limitations. Understanding the DA process and its alignment with NSW planning laws gives you greater control over timelines and reduces the risk of costly redesigns or compliance issues. A Site Planning Check early on can identify potential roadblocks before they impact your project.
Can you lodge a DA now and fix the reports later?
This approach nearly always causes setbacks. Submitting a DA without all required reports sends the wrong signal to the Council and leads to unnecessary hold-ups. Planners expect complete documentation from day one. Here’s what usually happens if you skip coordination:
- You’ll receive an RFI (Request for Information)
- The assessment process pauses until you respond
- You may be asked to withdraw and resubmit if too much is missing
- Your proposal could even be refused for lack of information
Do pre-lodgement meetings really help your DA?
They do — and skipping them is a major risk. A pre-lodgement meeting gives Council the chance to flag concerns and identify required studies before formal lodgement. This proactive step can prevent major issues later in the assessment process.
Pre-lodgement meetings are especially recommended for:
- Mixed-use, industrial or commercial developments
- Heritage or environmentally sensitive sites
- Projects likely to attract objections or community attention
- Non-standard design responses
You’ll also gain clarity around:
- Council’s key concerns and likely conditions
- Specific studies or assessments required
- Design amendments that could avoid refusal
These sessions aren’t just about ticking boxes — they create a clear roadmap and reduce the risk of Requests for Information (RFIs), delays, or resubmissions. For one regional project, early engagement allowed planners to flag landscape and biodiversity constraints upfront. That insight shaped a stronger submission and reflected the same development approval steps for regional sites described in the case study about relocating a primary producer in NSW. While pre-lodgement meetings can be useful, planners are often able to identify landscape and biodiversity issues without the need for a formal pre-DA process. Offering this as an alternative path can streamline timelines, particularly for straightforward applications.
Can existing use rights be assumed without proof?
Definitely not. Existing use rights are frequently misunderstood and incorrectly applied. You need solid evidence — not just assumptions — to rely on them.
What you must prove:
- The use was lawfully approved or commenced
- It’s been continuous (not abandoned or changed)
- No gap of more than 12 months in lawful operation
Missteps commonly seen include:
- Claiming “it’s always been used this way” without consent
- Relying on signage or lease documents instead of DAs
- Assuming Council records support a use without checking
The safest way forward is to understand the role of a planner in project success, especially when navigating historical approvals or zoning changes that affect how the site can be lawfully used. A planner can review available documents, identify gaps, and advise whether you’re likely to succeed in proving existing use under NSW planning laws. This process avoids guesswork and prevents major compliance setbacks later.
Is it fine to tweak plans after DA approval?
Only with care — and often only with formal approval. The Environmental Planning and Assessment Act allows for 4.55 modifications, but these aren’t a free pass to make changes on-site. You must follow the right pathway based on the scale and nature of the variation. Here’s how the categories work:
- 4.55(1) – Minor error or misdescription
- 4.55(1A) – Minimal environmental impact (non-substantial changes)
- 4.55(2) – More substantial changes, but still the same development “essentially”
- 4.55(3) – Revocation or cancellation (rare)
Changes that require a 4.55 include:
- Moving windows or doors
- Changing materials or finishes
- Adjusting site levels or setbacks
- Adding rooms, stairs, or plant enclosures
- Changing conditions of consent (like operating hours)
Overstepping without approval can lead to serious enforcement, including stop-work orders or penalties. Before you alter any approved detail, get your planner to assess if a modification is required. It’s a lot safer than trying to fix it later.
Do internal works require formal planning approval?
Not always, but more often than people realise. Internal alterations like installing partition walls or converting rooms may seem harmless, but they can trigger DA or CDC requirements depending on the use, zoning, and building classification. For example, splitting an open area into treatment rooms may require changes to fire safety, disability access, and building compliance, especially in allied health, beauty, or commercial tenancies.
Final thoughts
Assumptions in the planning process can derail even the best-laid development plans. Avoiding delays starts with sound advice, proper documentation, and a clear understanding of NSW planning laws and the system’s real requirements. This misunderstanding frequently results in retrospective approval applications or compliance orders.
Need help navigating the planning system? You can schedule a planning consultation with Meliora Projects to avoid the common pitfalls outlined above and set your application up for success from the start.
As part of our commitment to supporting your planning journey, we’ll continue sharing practical, myth-busting insights—whether you’re tackling a complex commercial development or preparing your first DA, this series is here to empower every step of the process.
