Get planning advice

We have gathered the below information to assist with planning enquires. Please have a read of this information as we believe it will assist you in gathering details about the property.

Where can I find out more information about a property?

A good place to start is with the ePlanning 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 etc.)

 

Building on your property

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

Link attached here: myHome Planner

 

Secondary Dwellings, Dual Occupancy and Granny Flats

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

The Spatial Viewer includes a link to the Kempsey Local Environmental Plan 2013 - NSW Legislation which outlines whether a dual occupancy are permissible in the zone. 

The Kempsey Development Control Plan 2013, Chapter E2: Dual Occupancy in Rural Areas and Chapter C1: Residential Development – Urban Areas include specific controls applying to secondary dwellings and dual occupancy. 

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 considered 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 applications involving dual occupancy. 

 

Can I Subdivide?

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 Kempsey Local Environmental Plan 2013 - NSW Legislation and Kempsey Development Control Plan 2013.

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 considered 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 applications involving subdivision.

 

Can I build a house on a rural property? (Incl. dwelling entitlements)

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 Kempsey Local Environmental Plan 2013 - NSW Legislation. In some instances, lots that do not meet the minimum lot size may have a ‘dwelling entitlement.’ A dwelling entitlement can be requested with a prescribed fee to find out if a property has a dwelling entitlement.

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 considered and requirements can vary from site to site. Industry professionals to consult may include building designers, 3 architects, town planners, land surveyors, engineers, bushfire consultants, ecologists, flood consultants etc.

Please note that Developer Contributions may apply to applications for rural dwellings.

 

Information in relation to Home Business

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.

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 considered 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.

 

Exempt Development

Some development may be ‘exempt’ from requiring development consent under State Environmental Planning Policy (Exempt and Complying Codes) 2008. The requirement for exempt development can be found here.

 

Flood Planning Mapping

Kempsey Shire Council also publishes Flood Planning Mapping based on the latest flood modelling. This indicates which properties in Kempsey Shire are likely to be affected by flooding.

 

How can I find out about approvals for structures on the property?

The best place to start is by searching for the application on Kempsey Shire Council DA Tracking & Public Register.

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.

 

How can i find out about easements and restrictions on the property title?

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

 

Planning Portal advice and assistance

Service NSW provides support and assistance for the NSW Planning Portal.

Call 1300 305 695 or visit a Service NSW centre.

See also the NSW Planning Portal Frequently Asked Questions and Quick Reference Guides.

 

Heritage advisory service

Owners of heritage-listed properties in Kempsey Shire can access free, expert advice about their property through Council’s heritage advisory service.

Consultations are available once a month at Council’s Civic Centre in Kempsey or on-site at your property. Bookings are essential and can be made by contacting Council on 02 6566 3200.

 

Planning enquires

If you have further questions after reading the above information, please forward them in an email marked attention Duty Planner to ksc@kempsey.nsw.gov.au. We recommend the use of email as the fastest and most convenient way to obtain the information you are seeking. Please include the following information in your email:

  • Name
  • Contact phone number
  • Relationship to property (eg. Owner, Proposed Purchaser, Real estate agent etc)
  • Property Address
  • Lot and DP
  • Enquires details 

A Duty Planner will then either contact you by phone to discuss further or respond to your email with the relevant information.

 

Role of a Duty Planner

The Duty Planner can’t prepare your development documentation or provide legal advice but can help you:

It is recommended that you seek advice from experienced industry professionals as there are often many factors that need to be considered 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.

If your enquiry is complex, a Duty Planner will contact you to make an appointment or organise a formal pre-lodgement meeting for a fee.