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.

The Spatial Viewer includes a link to the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP), which outlines whether secondary dwellings (granny flats or tiny house) 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 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 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: 

Please note that development contributions may apply to secondary dwellings. Learn more about gaining approvals for tiny homes.

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