Having your say

Having your say

You are encouraged to let Council know if you think a proposed development will affect your enjoyment or amenity.  However, you are not required to make a submission.

Council is seeking your input into the possible impacts of a proposed development as part of the assessment process, it is not seeking your approval.

Submissions may object to or be in support of an application. Both land owners and tenants may lodge submissions.

What should I do before making a submission?

You should not rely upon the A4 neighbour notification plans to make a full assessment of the potential impacts.  The purpose of the A4 plan is to give you a quick idea about the scope of the proposed development.  If you consider that the development may have an impact upon you, you should review the submitted documentation on Council’s website or come into Council’s Customer Service Centre and review all the documents (including a complete set of plans) submitted by the applicant.

Council staff can help you interpret the plans and other documents, but cannot make an assessment or value judgement about how the proposal may affect you.

Once you have reviewed the full application you will be well placed to determine whether or not you wish to make a submission.

What should be included in a submission?

Submissions must:

  • Be in writing, email and fax are acceptable. Emails should be sent to mail@kogarah.nsw.gov.au (use the ‘contact us’ link in DA Tracking);
  • Quote in the subject heading the application number and address of the site;
  • Contain your name, address, contact phone number;
  • Clearly state the impacts that the proposal will have upon the amenity of your property or residence, preferably in point form;
  • Where possible, make positive suggestions as to how the development could be improved;
  • Be relevant (civil disputes between neighbours or private rights such as covenants cannot be considered);
  • Be with Council before 5:00pm on the closing date for submission (allow for postage delays).

The NSW Ombudsman’s Council Fact Sheet Unhappy about a proposed development? contains helpful advice about making a submission.

Is my submission still valid if amended plans have been submitted and are renotified?

No, if you have received notification of amended plans and you still have concerns in relation to the development, you will need to make another submission to Council.

This is because the amended plans may have addressed the issues raised in a previous submission, however new issues may have arisen as a result of the amendments.

What happens after I make a submission?

Council will contact you, generally by phone, to discuss your submission. If there is no contact number, or several unsuccessful attempts have been made to contact you by phone, Council staff will attempt to contact you directly by visiting your property. If you are not home at the time of this visit, details will be left on how to contact the relevant assessment officer.

The assessment officer will assess the application and consider each submission. Where deemed necessary by the officer, they may request access to your property to determine impacts of the proposed development and gain an understanding of your concerns.

Council may refuse the application, ask for amendments or approve it under staff delegation. If there are significant objections that cannot be resolved by conditions of approval, an assessment report will be presented to the Council for determination.

Privacy notification

The supply of personal information is voluntary. However if personal information is not provided, we will not be able to contact you and keep you informed of the progress of the application.

Summaries of submissions and addresses of people who have made a submission will be included in publicly available reports to Council or Committee Meetings, unless it has been requested that they remain anonymous and Council is satisfied that such a request is legitimate.

Please note that, in accordance with the Government Information (Public Access) Act 2009 and Government Information (Public Access) Regulation 2009, all submissions received by Council in relation to any matter will be placed on the appropriate Council file and may be disclosed to Councillors, Council officers, or members of the public.

Can submissions be anonymous?

A person who makes a submission has the right to remain anonymous if they choose. Alternatively, a person may make a submission but request the General Manager to ensure that, in being made available for public inspection, details that may identify the person are omitted from their submission. However, this option is only available if a person considers that disclosure would place their safety or the safety of any person at risk. Such a request must be verified by a statutory declaration.

Addressing Council in respect to development applications

If the application is being presented to Council for determination, you have the opportunity to attend the Council Meeting and address the Council.

Council has a procedure in place for members of the public to address the Council on matters relating to development applications. For more information, read Council’s public forum guidelines.

IMPORTANT CONTACTS
Tel: 02 9330 9400
Fax: 02 9330 9560
Locked Bag 8 Kogarah NSW 2217
mail@kogarah.nsw.gov.au
www.kogarah.nsw.gov.au

CUSTOMER SERVICE CENTRE
2 Belgrave Street, Kogarah
Opening hours: Monday to Friday 8.30am-5.00pm