Development Applications

1. The application form: The details that you enter online via the NSW Planning Portal will constitute your application. You are advised the applicant's portal account should be used to lodge the application, as all correspondence about the application will be sent via the email address attached to that account.

The Lord Howe Island Board Development Application form or Application to Modify Consent form is required to be completed by the applicant and leaseholder/s and submitted to the NSW Planning Portal.

2. Owners Details and Consent: The NSW Planning Portal will ask you to confirm that you have owners' consent to lodge the application. 

Before lodging a DA, applicants must obtain Owner Consent for the proposed development.

The Lord Howe Island Act 1953 provides that all land on the Island is vested in the Crown.

Under Clause 49(3) of the Environmental Planning and Assessment Regulation 2021 'a development application made by a lessee of Crown land may only be made with the consent in writing given by or on behalf of the Crown'.

In the case of Lord Howe Island, the Crown is the considered to be Minister responsible for the Lord Howe Island Act, being the NSW Minister for the Environment.

The Minister has authorised the Board, Chief Executive Officer (CEO), and Chairperson to grant Owner Consent in certain circumstances, subject to conditions, including:

Owner Consent Application Form

3. Statement of Environmental Effects (SEE): The statement should address the environmental impacts of the development and any steps taken to protect the environment . The SEE must state whether or not the development complies with LHIB’s policies (i.e. LEP or DCP) and any applicable legislation. Justification for any part of a proposal that does not comply with policies or legislation should be provided in the SEE. 

A SEE must document: 

1. the environmental impacts of the development. 
2. how the environmental impacts of the development have been identified. 
3. the steps to be taken to protect the environment or to lessen the expected harm to the environment.
4. drawings of the proposed development in the context of surrounding development, including the streetscape. 
5. development compliance with building heights, building height planes, setbacks and building envelope controls (if applicable) marked on plans, sections, and elevations. 
6. drawings of the proposed landscape area, including species selected and materials to be used, presented in the context of the proposed building or buildings, and the surrounding development and its context.
7. if the proposed development is within an area in which the built form is changing, statements of the existing and future contexts. 
8. a sample board of the proposed materials and colours of the facade 
9. detailed sections of proposed facades. 
10. any matters required to be indicated by any guidelines issued by the Planning Secretary. 
11. photomontages of the proposed development in the context of surrounding development.*
12. if appropriate, a model that includes the context.*

*items subject to discussions with LHIB depending on the scale and sensitivity of the application and context. 

4. Site Plan (drawn to a scale of 1:100): The plan is to include:

• the north point.
• boundary dimensions.
• the general fall of the site.
• access arrangements include rights of ways and easements both legal and those registered within leases.
• the building footprint and the distances of the proposal to the boundaries and all buildings on site.
• the location and type of all trees located within the footprint of the proposed works and within five metres of the proposed works, including trees on neighbouring properties, public places, or footpaths. 
• Any Significant Native Vegetation mapped onsite.
• any easements.
• Flood prone land.
• the location of any power line, transmission line, underground power line or electricity substation or tower within the vicinity of the proposed works.
• The location of any effluent/wastewater management systems, inclusive of irrigation fields.
• the location of all existing structures and those to be demolished.
• the position of any street or lane adjoining the site.
• finished levels (contours or spot levels in AHD).
• car parking areas and dimensions (show direction of traffic movement, driveway location.
• waste bin storage and collection facilities.

New work must be clearly distinguished and if the application is a modification application under Clause 4.55 then the modifications must be clearly articulated. 

6. Floor Plans (drawn to a scale of 1:100): A fully dimensioned plan showing the size and use of each room/area. New work must be clearly distinguished. Floor plans for additions and alterations to an existing building must show the existing room layout including all existing windows, doors etc.

Drawings must include: 

• the location of any proposed buildings or works (including extensions or additions to existing buildings or works) in relation to the land’s boundaries and adjoining development.
• floor plans of any proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building. 
• elevations and sections showing proposed external finishes and heights of any proposed buildings.
• proposed finished levels of the land in relation to existing and proposed buildings and roads. 
• proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate). 
• proposed landscaping and treatment of the land (indicating plant types and their height and maturity). 
• proposed methods of managing drainage on the land. 

in the case of development that requires a BASIX certificate, such other matters as any BASIX certificate for the development requires to be included on the drawings j. in the case of BASIX optional development—if the development application is accompanied by a BASIX certificate or BASIX certificates, such other matters as any BASIX certificate for the development requires to be included on the drawings.

9. Shadow Diagrams (drawn to a scale of 1:100): The diagrams should indicate in plan view the shadowing impacts for 21 June, for 9am, 12 and 3pm (inclusive) and indicate:

• the existing and proposed shadows.
• the footprint of buildings and solar panels on adjoining sites.
• the impact on adjoining living areas and adjoining private open space. 

It will be necessary to prepare elevation views where windows to living areas are impacted upon.

Required where adjoining properties are likely to be impacted.

e.g. buildings greater than one storey.

12. Arborist Report and statement of consistency: The report is to include:

• the Tree Retention Value Assessment of each tree 
• any tree protection measures proposed to be implemented on site.

 
The statement is to indicate that the development application has given regard to the content of the arborist report.

* The application may be accepted without an arborist report. This does not prevent a report being requested later.

Where trees are located within five metres of a proposal and:

1. they are proposed to be removed or pruned and do not constitute exempt or
2. they are to be maintained.

Note that trees and vegetation within the mapped SNV cannot be cleared. LHIB may require tree and vegetation protection measures to ensure impact to SNV are avoided. 

13. Stormwater Management Plan (drawn to a scale of 1:100 or 1:200): The plan is to illustrate how stormwater will be managed on the site and must show the following details:

• north point.
• scale (show ratio and bar scale).
• existing surface contours (AHD values).
• proposed finished surface contours (AHD values).
• proposed building locations and finished floor levels (AHD values).
• infiltration measures (e.g. soakage trenches, swales, landscaping, permeable pavements, etc.).
• discharge points to the stormwater drainage system (show levels at these locations).
• any overland flow paths or flood liable areas present on the land.
• notional location and levels of proposed stormwater pipes and drainage pits.
• notional location and approximate area of any proposed on-site detention (OSD) facilities.
• proposed OSD stored water levels and emergency spillways.

existing or proposed drainage easements across adjoining land.

14. Erosion and Sediment Control Plan (drawn to a scale of 1:100 or 1:200): The plan is to illustrate how run off and soils will be managed on the site and show the following details:

• extent of earthworks, stockpiles, access roads, impervious areas, construction entrances.
• drainage lines.
• proposed runoff diversion measures, such as earth perimeter banks and channels, straw.
• bale perimeter banks, diversion banks and channels, level spreaders, drop down drains and check dams.
• proposed sediment trapping devices, such as sediment fences, sediment traps.
• revegetation and stabilisation areas.

Plans are to be prepared in accordance with 'Managing Urban Stormwater: Soils and Construction - Volume 1, 4th edition 2004 (the ‘Blue Book’)'

15. A Geotechnical Report: The report is to be prepared by a suitably qualified person and demonstrate that land is:

• suitable for its intended use or demonstrate that remediation works will eliminate the risk.

does not impact on the structural integrity of buildings, the health and safety of trees on both adjoining and nearby properties and streets and the geodiversity of the local area.

16. Ecological Assessment: A Qualified Ecologist must prepare an Ecological Assessment. Such an assessment is typically requested if there is likely to be an impact on threatened species, their habitat. 

Note that clearing of mapped SNV is prohibited. 

Required where the proposed development has a cost of works of

$50,000 or greater or a swimming pool with a capacity of 40,000 litres or greater.

20. Notification Plan (drawn to a scale of not less than 1:200) including site plan, elevations, dimensions of the proposal and all relevant setbacks.

Note: Under the provisions of the Act, the internal layout of the building is not required to be provided for notification purposes of residential properties. Inclusion of the internal layout on notification plans will result in these details being notified. These are sent with notification letters to nearby property owners.

Required where the proposed development is required to be notified.

All development applications are considered on a case-by-case basis.