DA vs. CDC

The Development Application (DA) and the Complying Development Certificate (CDC) are the two main pathways for obtaining planning approval for development in NSW, including landscape works. They differ significantly in their process, assessment criteria, and the types of projects they are suitable for. Here's a breakdown of their differences:

Development Application (DA)

Assessment Criteria: DAs are assessed based on a broader range of planning considerations, allowing for more flexibility and site-specific responses. The council considers the potential impacts of the development on the environment, surrounding properties, and the community. This includes aspects like:
- Visual amenity and landscape character.
- Impact on existing vegetation and trees (often requiring arborist reports).
- Stormwater management and Water Sensitive Urban Design (WSUD).
- Soil erosion and sediment control.
- Privacy and overshadowing.
- Heritage considerations.
- Bushfire risk (if applicable).
- Compliance with specific clauses in the LEP and DCP related to landscaping, open space, and environmental protection.

Process: A DA is a formal application submitted to the local council for approval. It involves a comprehensive assessment process by the Council, which can include:
- Detailed documentation and plans.
- Public notification (neighbour consultation).
- Referrals to other government agencies (e.g. Rural Fire Service, environmental agencies) for integrated development.
- Assessment against the Council's Local Environmental Plan (LEP) and Development Control Plan (DCP), as well as relevant State Environmental Planning Policies (SEPPs).
- Potential for amendments and requests for further information from the Council.
- A longer approval timeframe, often taking several weeks to months, depending on the complexity of the project and the council's workload.
- A separate Construction Certificate (CC) is usually required after DA approval but before construction can commence.

Complying Development Certificate (CDC)

Process: A CDC is a faster-tracked approval process for straightforward developments that meet specific, pre-determined standards outlined in State Environmental Planning Policies (SEPPs), primarily the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).
- The application can be assessed and approved by either the local council or an accredited private certifier.
- It generally involves less documentation than a DA.
- There is no public notification or referral to external agencies (unless specifically required within the Codes SEPP).
- The assessment is based on strict compliance with the pre-set development standards in the Codes SEPP. There is little room for interpretation or site-specific variations.
- Approval timeframes are significantly shorter, typically within 10-20 business days if all requirements are met.
- A separate Construction Certificate is generally not required as the CDC incorporates both planning and construction approval.

Assessment Criteria: CDCs are assessed against rigid, state-wide standards. If the proposed development fully complies with all relevant standards in the Codes SEPP, it can be approved. These standards often include specific requirements related to:
- Landscaped Area: Minimum percentages or dimensions for soft landscaping.
- Deep Soil Zones: Requirements for areas of natural ground suitable for tree growth.
- Setbacks: Minimum distances of landscaping features from property boundaries.
- Materials and Finishes: Sometimes specifications for permeable surfaces or planting types.
- Tree Removal: Strict limitations on the removal of existing vegetation, sometimes requiring permits even for minor works.
- Privacy Screening: Standards for landscaping elements that provide visual privacy.