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Building and Planning FAQs

Starting anew project is always exciting, however, the application process can sometimes be confusing and overwhelming.

That’s why we’ve collated answers to these frequently asked questions, so the pathway to starting your project can be easier.

How can I find out about the zoning of a property?

Check the ePlanning Spatial Viewer to see what zone applies to your land (simply enter your address).

The Spatial Viewer includes a link to the Bellingen Local Environmental Plan (BLEP, 2010) which includes information on each zone and various planning controls.

The Environmental Planning and Assessment Act and the Environmental Planning and Assessment Regulation are also included in this classification.

What do the different zones mean?

When planning a development, perhaps your new home or an extension, it is important to understand the different land use zones relating to your property.

Zoning determines how land can be used (for example, for housing, industry, or recreation) while our development controls set guidelines, such as the maximum building height allowed.

The following zones exist in the Bellingen Shire.

Zone R1 - General Residental
Zone R5 - Large Lot Residental
Zone RU1 - Primary Production
Zone RU2 - Rural Landscape
Zone RU3 - Forestry
Zone RU4 - Proimary Production Small Lots
Zone E1 - Local Centre
Zone E4 - General Industrial
Zone SP1 - Special Activities
Zone SP2 - Infrastructure
Zone RE1 - Public Recreation
Zone RE2 - Private Recreation
Zone C1 - National Parks and Nature Reserves
Zone C2 - Environmental Conservation
Zone C3 - Environmental management
Zone C4 - Environmental Living
Zone W1 - Natural Waterways
Zone W2 - Recreational Waterways

Check the Bellingen Local Environmental Plan (LEP, 2010) land use table to see what development you can do on your property.

How do I find out about existing approvals for structures already on a property?

If you would like copies of building plans or approvals for historical applications, it is necessary to submit a request for information (GIPA) form to Council. We will provide the information if it is in the public interest and reasonable conditions are met.

What does it mean if land does not have a 'Dwelling entitlement?'

A Dwelling Entitlement allows an application to be made for the construction of a dwelling house on a parcel of land.

However, Dwelling Entitlement does not mean a dwelling house is able to be built on the land. Development Consent for the construction of a dwelling is subject to an assessment under Section 4.15 of the Environmental Planning & Assessment Act 1979.

Dwelling entitlement fact sheet coming soon.

Can I build a granny flat?

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

The Bellingen Local Environmental Plan (BLEP, 2010) outlines whether secondary dwellings (granny flats) are permissible in the zone.

The Bellingen Shire Development Control Plan 2017-2019(PDF, 8MB) (DCP) includes specific controls (e.g., height) which apply 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 (DA) for a secondary dwelling (e.g., a granny flat) it is recommended that you seek advice from industry professionals who are experienced in the application requirements, as there are often many factors that need to be taken into account and requirements can vary from site to site.

Suitable qualified 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.

Can I put a tiny home on my block?

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

The Bellingen Local Environmental Plan (BLEP, 2010) outlines whether secondary dwellings (granny flats) are permissible in the zone.

The Bellingen Shire Development Control Plan 2017-2019(PDF, 8MB) (DCP) includes specific controls (e.g., height) which apply to secondary dwellings.

When preparing a Development Application (DA) for a secondary dwelling (e.g., a tiny home) it is recommended that you seek advice from industry professionals who are experienced in the application requirements, as there are often many factors that need to be taken into account and requirements can vary from site to site.

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

Learn more about gaining approvals for tiny homes.

Can I build a Dual Occupancy?

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

The Bellingen Local Environmental Plan (BLEP, 2010) outlines whether dual occupancies are permissible in the zone.

The Bellingen Shire Development Control Plan 2017-2019(PDF, 8MB) (DCP) includes specific controls (e.g., height) which apply.

When preparing a Development Application (DA) for a dual occupancy, it is recommended that you seek advice from industry professionals who are experienced in the application requirements, as there are often many factors that need to be taken into account and requirements can vary from site to site.

Suitable qualified 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 applications involving Dual Occupancies.

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 Bellingen Local Environmental Plan (BLEP, 2010) and the Bellingen Shire Local Environmental Plan 2017-2019(PDF, 8MB) (DCP).

When preparing a Development Application (DA) 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 and infrastructure contributions may apply to applications involving subdivision.

Do I need approval for minor projects like a carport or garden shed?

Many types of minor projects such as a carport or garden shed often do not to require council approval as they fall under the Exempt developments section in the law. They do need to meet specific requirements to be exempt (requirements do vary depending on the land zones).

Learn morehere.

Do I need approval to put in a pool?

Swimming pool owners are required to register their swimming pool in the NSW Government's Swimming Pool Register. You may receive a fine if your swimming pool is not registered.

Every new pool in NSW must be approved for construction by a Licensed Certifier.

Some pools require a Development Application (DA) approval from council, while some can be processed quicker as Complying Development.

Thinking of building a pool? Check out these 'Helpful things to know'

Do I need approval to do minor renovations to my home?

Some minor building renovations or works don’t need any planning or building approval, this is called exempt development.

Exempt development is very low impact development that can be done for certain residential, commercial and industrial properties.

A few examples of development that can be exempt development are: decks, garden sheds, carports, fences, repairing a window or painting a house.

Read more about exempt development here.

Do I need approval to demolish existing structures on my land? e.g., a shed or driveway?

The Demolition of buildings fact sheet at the bottom of this page explains how to demolish buildings and structures as either Exempt Development or as Complying Development.

How can I find out about underground services on my land?

Use Councils online mapping tool to view our Sewer, Stormwater, and Water networks as well as our Complying Development exclusions, Floodplain Study Mapping and Koala Habitat zones.

To find out about other underground services (for example electricity or Telsta lines) contact Before you Dig and get your free plans in 3 easy steps.

How can I find out about flooding potential on my land?

You can use Councils online mapping portal to view the Floodplain Risk Management Study.

You may also find useful information on our Lower Bellinger and Kalang Rivers Floodplain Risk Management Study page.

How can I find out if my land is on core Koala habitat?

You can use Councils online mapping tool to view Koala habitat mapping.

How can I find out about development happening in my area?

You can search for Development Applications which are under assessment using Councils DA tracker.

If you are interested to know about Council Developments, Reviews and Plans that are open for comment, you can visit our Have Your Say page.

How do I register my short term rental accomodation

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.