Requesting consent for a development
A Development Application (DA) is an application made to the Lord Howe Island Board seeking consent to carry out development, including construction, demolition, change of use of a property or premises, subdivision or making alterations or additions to a property.
Why is a DA required?
The DA is required so that the Board can assess the likely impacts of the proposal and ensure that it:
- is a permissible and appropriate use of the site according to its zoning;
- complies with the provisions of the Environmental Planning and Assessment Act 1979;
- complies with the provisions of the Lord Howe Island Local Environmental Plan 2010 (LEP) and any other relevant planning controls for the site;
- has no detrimental environmental impacts upon the locality;
- has no adverse impact upon adjacent and neighbouring properties.
How to lodge a Development Application
The requirements for a DA are detailed in the Lord Howe Island Planning Application Lodgement Kit:
Frequently asked questions
Under Part 1, Clause 9, of the LEP certain development that is of minor environmental impact may not require development consent subject to specific conditions being met.
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 considered to be the Minister responsible for the Lord Howe Island Act, being the NSW Minister for the Environment.
The Minister has authorised the Board, Chief Executive Officer and Chairperson to grant Owner Consent in certain circumstances, subject to conditions, including:
- the value of the development must not exceed $5,000,000; and
- the proposal must comply with the current Planning Instrument; and
- the development application must not relate to the creation of a new residential dwelling.
Owner Consent Application Form PDF 143 KB
The Board has recently commenced implementation of the Lord Howe Island On-Site Wastewater Management Strategy (the Strategy). Installation of new or upgraded wastewater systems requires development approval through the Development Consent processes. To streamline the process, the Board has prepared a checklist for use by Applicants, which details the information required to allow a more rapid and full assessment of the Owner and Development Consents.
Applicants may apply for Owner Consent and Development Consent simultaneously, but the Development Application will not be considered until the Owner Consent has been determined.
Submission of the DA must be accompanied with the relevant fees. Fees are calculated on a scale based on the contract value of the work or the market value of the labour and materials needed to complete the development.
Once the fee is paid and the application is lodged, the applicant will receive a receipt and an application number
You will be advised in writing of the determination of your application. If your application is granted approval, you will be sent a copy of the development consent including conditions of consent and stamped approved plans. Should your application be refused, a refusal notice will be issued advising of the grounds for refusal.
A disclosure statement of a reportable donation or gift must accompany a planning application or a submission if the reportable donation or gift is made within two years before the application or submission is made. If a donation or gift is made after the lodgement of an application or submission, a disclosure statement must be sent to the relevant approval authority within seven days after the donation or gift is made. This requirement ceases upon determination of the application.
A person found guilty of an offence can be fined up to $22,000 and/or sentenced to 12 months in prison.
The Lord Howe Island Board keeps a register of disclosures of political donations and gifts that any member of the public may view.
Advice concerning development on Lord Howe Island can be obtained from the LHIB Manager Environment & Community Development.