Development and construction FAQs

Council has received approval from the NSW Government on 1 September 2023 to amend its local planning laws to enable secondary dwellings (granny flats) in rural zones, which aims to increase housing diversity and contribute to more affordable housing options within the region.

At the July Ordinary Council meeting, Councillors endorsed an amendment to the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP) permitting landowners to build secondary dwellings on land zoned RU1 Primary Production, RU2 Rural Landscape, and RU5 Village. A copy of the Council meeting minutes can be viewed via: Agendas and minutes Port Macquarie Hastings Council (nsw.gov.au).

This change permits:

• up to 60m² of total floor area for the secondary dwelling, or 33 per cent of the total floor area of the principal dwelling, excluding any area used for parking; and

• the distance between the secondary dwelling and the principal dwelling must not exceed 100 metres.

Check the ePlanning Spatial Viewer to see what zone applies to your land.

The Spatial Viewer includes a link to the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP), which outlines whether secondary dwellings (granny flats) are permissible in the rural zones.

When preparing a development application for a secondary dwelling in a rural zone, it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account, such as biodiversity, bushfire and on-site sewerage management and requirements which vary from site to site. Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Please note that development contributions may apply to secondary dwellings.

A good place to start is with the e-Planning Spatial Viewer.

Search the property you are interested in and gain an understanding of what zoning and planning controls apply to the land. The Spatial Viewer includes links to relevant planning controls and outlines some of the constraints that apply (bushfire, flooding etc.) 

Types of development

Exempt development
Some development can be undertaken without approval. This is called ‘exempt development’. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) outlines what development types are ‘exempt’ and what development types ‘complying development’.

Complying development
Complying development requires an approval from Council or a Private Certifier. Check whether the SEPP applies to your property via the Spatial Viewer and then determine whether your development proposal meets the exempt or complying criteria under the SEPP.

Development applications
If your development is not exempt or complying, check the Port Macquarie-Hastings Local Environmental Plan 2011 to determine whether the development is permissible with consent and requires a Development Application.

Council has a Development Control Plan that outlines various controls that need to be considered when lodging a development application.

When preparing a development application it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account and requirements vary from site to site. Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

We provide advice on submitting an application. If you need further information, contact us on 6581 8111. 

Check the ePlanning Spatial Viewer to see what minimum lot size applies to the land. Each lot needs to meet the minimum lot size and satisfy the relevant standards in the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP) and the Port Macquarie-Hastings Development Control Plan 2013 (DCP).  

When preparing a development application for subdivision it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account and requirements can vary from site to site. Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Please note that development contributions apply to applications involving subdivision. 

Check the ePlanning Spatial Viewer to see what zone applies to your land. The Spatial View includes a link to the Port Macquarie-Hastings Local Environmental Plan 2011, which includes information on each zone and various planning controls.

Other Environmental Planning Instruments may also be relevant to your planning. Environmental Planning Instruments is the collective name for Local Environmental Plans (LEPs), State Environmental Planning Policies (SEPPs), and Regional Environmental Plans (REPs). The Environmental Planning and Assessment Act and the Environmental Planning and Assessment Regulation are also included in this classification.

Check the ePlanning Spatial Viewer to see what planning controls apply. The Spatial View includes a link to the Port Macquarie-Hastings Local Environmental Plan 2011 and the Port Macquarie-Hastings Development Control plan 2013 which outline the various planning controls applying to the land and to the specific development type. 

Other Environmental Planning Instruments may also be relevant to your planning. Environmental Planning Instruments is the collective name for Local Environmental Plans (LEPs), State Environmental Planning Policies (SEPPs), and Regional Environmental Plans (REPs). The Environmental Planning and Assessment Act and the Environmental Planning and Assessment Regulation are also included in this classification.

The NSW government is making it easier for farmers to use their land for tourism activities such as farm experiences, cellar doors and farm stay accommodation.

If you meet requirements under the exempt and complying development planning pathways, here’s five ways you can use your farm for new business ventures.

5 things you can do on your farm - (nsw.gov.au)

Check the ePlanning Spatial Viewer to see what zone applies to your land.

The Spatial Viewer includes a link to the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP), which outlines whether secondary dwellings (granny flats) are permissible in the zone. The Port Macquarie-Hastings Development Control Plan 2013 (DCP) includes specific controls applying to secondary dwellings.

Other Environmental Planning Instruments may also be relevant to your planning. Environmental Planning Instruments is the collective name for Local Environmental Plans (LEPs), State Environmental Planning Policies (SEPPs), and Regional Environmental Plans (REPs). The Environmental Planning and Assessment Act and the Environmental Planning and Assessment Regulation are also included in this classification.

When preparing a development application for a secondary dwelling it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account and requirements can vary from site to site.

Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Some secondary dwellings (granny flats) can be undertaken as ‘complying development’, which can be approved by Council or a Private Certifier under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Check the ePlanning Spatial Viewer to see what zone applies to your land. State Environmental Planning Policy (Housing) 2021 and Clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 contain provisions around tiny homes and moveable dwellings, along with rules around their potential use/prohibition as short term rental accommodation. The provisions under Clause 77 are more restricted in terms of the occupants and allowable duration of stay. A link to both pieces of legislation is provided below:

State Environmental Planning Policy (Housing) 2021 - NSW Legislation

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 - NSW Legislation

There is also the ability to use tiny homes and moveable dwellings as farm stay accommodation under Subdivision 16E of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. A link to the legislation is provided below:

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation

Where your proposal does not meet any of the exempt requirements, it is likely consent will be required.

It should be noted that planning legislation can be complex. As a result, Council recommends property owners familiarise themselves with all three pieces of legislation. Furthermore, any property owner interested in using a tiny home or other moveable dwelling for any type of permanent or tourist type accommodation, it is strongly recommended that you seek your own independent planning advice. In particular, the above advice is general in nature and there can be unique circumstances with each site that negate the use of a tiny homes/moveable dwelling.

Check the ePlanning Spatial Viewer to see what zone applies to your land.

The Spatial Viewer includes a link to the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP), which outlines whether a dual occupancy are permissible in the zone. 

The Port Macquarie-Hastings Development Control Plan 2013 (DCP) includes specific controls applying to secondary dwellings. 

When preparing a development application for a dual occupancy it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account and requirements can vary from site to site. Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Please note that development contributions apply to applications involving dual occupancy. 

Check the ePlanning Spatial Viewer to see what zone applies to your land.

The Spatial Viewer includes a link to the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP), which outlines whether a managers residence are permissible in the zone. 

A rural workers dwelling is defined under the LEP as: 

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land. 

A key aspect of any application for a rural worker’s dwelling would need to demonstrate the scenario complies with the definition. 

When preparing a development application for a rural workers dwelling it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account and requirements can vary from site to site. Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Please note that developer contributions apply to rural worker’s dwellings.

Check the ePlanning Spatial Viewer to see what minimum lot size applies to the land.

Generally speaking, the lot needs to meet the minimum lot size and satisfy the relevant standards in the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP). In some instances lots that do not meet the minimum lot size may have a ‘dwelling entitlement’. It is necessary to check the LEP, in particular Clause 4.2A, to determine whether a dwelling entitlement exists on an undersized lot.

Other Environmental Planning Instruments may also be relevant to your planning. Environmental Planning Instruments is the collective name for Local Environmental Plans (LEPs), State Environmental Planning Policies (SEPPs), and Regional Environmental Plans (REPs). The Environmental Planning and Assessment Act and the Environmental Planning and Assessment Regulation are also included in this classification.

When preparing a development application for a rural dwelling it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account and requirements can vary from site to site. Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Please note that developer contributions may apply to applications for rural dwellings.

The best place to start is by searching for the application on Application Tracker.

Search the property you are interested in to find out what recent approvals have been issued on the property. The development consent, supporting documentation and plans are all available to view. 

Some older development and structures are not available on Council’s Tracker. In these instances it would be necessary to submit a request for information. 

The best place to start is by searching for the application on Application Tracker.

Search the property you are interested in to find out what recent approvals have been issued on the property. The development consent, supporting documentation and plans are all available to view. 

Some older development and structures are not available on Council’s Tracker. In these instances it would be necessary to submit a request for information. 

It is necessary to apply for a Building information Certificate(PDF, 122KB) in these circumstances. Learn more about the process of submitting an application.

The best place to find out information on applications that have been approved is through Application Tracker.

Search the property you are interested in to find out what recent approvals have been issued on the property. The development consent, supporting documentation and plans are all available on the Tracker. 

Council provides a list view of recent development activity. Development notifications are published every Wednesday, and display the last 5 weeks of activity.

Obtain the Deposited Plan for the property to find out what easements and restrictions apply.

Council has an interactive mapping tool to identify water, sewer and stormwater infrastructure.

For information on the location of electricity and telecommunication services it is necessary to seek information directly from those responsible authorities. 

The Port Macquarie-Hastings Flood Policy details floodplain management measures that are used to govern planning decisions in flood-prone areas.

We have six identified floodplain areas in our region:

• Hastings River
• Camden Haven
• Lake Cathie
• Wrights Creek
• Hibbard Precinct
• North Brother local catchment

We provide information on floodplain management and flood maps for floodplain areas.

A good place to start is the Department of Planning, Industry and Environment’s fact sheet. There is also information from the NSW Government regarding getting approval for a home business.

Home enterprises that do not meet the criteria for exempt and complying development would need to obtain development consent via a development application. 

For specific requirements pertaining to home enterprises, check Clause 5.4 of the Port Macquarie-Hastings Local Environmental Plan 2011.

When preparing a development application for a home enterprise it is recommended that you seek advice from industry professionals who are experienced in application requirements as there are often many factors that need to be taken into account and requirements can vary from site to site.

Industry professionals to consult may include building designers, architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Please note that developer contributions may apply to applications for some home enterprises.

Yes, go to: 

Register a hair, beauty or tattoo business Port Macquarie Hastings Council (nsw.gov.au) 

The NSW Department of Planning and Environment manage registrations of Short Term Rental Accomodations (STRA). For information about the registration process or to apply, visit the Planning Portal.

A good place to start is with the e-Planning Spatial Viewer.

Search the property you are interested in and gain an understanding of what zoning and planning controls apply to the land. The Spatial Viewer includes links to relevant planning controls and outlines some of the constraints that apply (bushfire, flooding etc.) 

Operating a business on council-managed land, such as a beach, park or reserve requires a licence, view more information about the application process. These can be granted for 3, 6 and 12 months. Fees and regulations apply. 

Check myHome Planner for information about planning and building your new home, pool or shed.

Link attached here: myHome Planner

Across the planning system, for all applications made on or after the 4 March 2024, ‘cost of development’ and ‘capital investment value’ will be replaced by ‘estimated development cost (EDC). To view the FAQs and details regarding the change, please visit this site: Estimated development cost - Planning (nsw.gov.au)

Council has in place local planning regulations for farm dams to be constructed or installed under Port Macquarie-Hastings Local Environmental Plan 2011 Port Macquarie-Hastings Local Environmental Plan 2011 - NSW Legislation These dams can be potentially installed as exempt development subject to site based matters being satisfied such as, but not limited to:

• Checking there are no site based constraints per the e-Planning Spatial Viewer.
• Site for dam is not within a coastal wetland State Environmental Planning Policy (Resilience and Hazards) 2021 - NSW Legislation, requiring any land clearing, on a water course and no larger than 3 megalitres in capacity.
• Site for dam is not within a R5 large lot residential zone.

If you are unable to meet exempt requirements, separate development consent will be required to be obtained from Council. Submitting an application Port Macquarie Hastings Council together with meeting any other requirements that the State Government has in place.

Several key points of initial planning advice for farm dams are provided below. These are State Government requirements, which are in addition to Council regulations:

• Dams can be built on non-permanent minor streams, hillsides, or gullies (but not on or within 40 metres of a third-order or higher order stream) and capture a percentage of rainfall runoff from their landholding. For further information on where harvestable rights dams can be constructed: NSW DCCEEW frequently asked questions or view the Harvestable rights dams - where can they be built factsheet (PDF, 803.93 KB)
• Farm dams can be built under the harvestable rights policy which allows landholders to capture and store a proportion of the rainfall runoff from their landholding in one or more harvestable rights dams without requiring a water access licence, water supply work approval, or water use approval.
• The harvestable rights policy is a self-assessment policy. If a dam/s is built in accordance with the policy, then no licence or approval is required from WaterNSW. Even though a licence or approval may not be required from WaterNSW, this does not negate the need for any other required approvals or consents. It is the landholder’s responsibility to determine if other approvals or consents are required.
• If a dam does not comply with the harvestable rights policy (i.e. dam built in excess of MHRDC or dam on a 3^rd or higher stream), then an approval would be required, and a licence could be required depending on the purpose for which the dam is to be used.
• Under the Fisheries Management Act 1994, any new dam or modification to an existing dam may require the owner to provide for fish passage. All licensed works must be referred for assessment but dams not requiring a licence may still require fish passage. Contact your local NSW Department of Primary Industries Fisheries office for further advice.
• It is strongly recommended that you seek expert advice regarding the dam design and location before commencing construction of any dam. Even if you do not require an approval for your dam, it is still your responsibility to minimise impacts on your neighbours and the environment. Also ensure that during all stages of construction you take reasonable steps to provide adequate erosion control and minimise disturbance to waterways, areas of native vegetation, sites of cultural significance and avoid disturbing acid sulphate soils in identified coastal areas.