Building and development regulation

Unique IDFN-0010Description**This function applies to all Councils***
For Councils other than Sydney City Council, absorbed by the City by 1949, see function FN-0029 for details.

This function encompasses (a) regulation of construction and alterations to buildings, and (b) land and building development which would result in significant changes of land-use. It includes receipt of applications, inspection of applications, and granting or refusing of permission. It does not include 'town planning' matters which are functionally defined in CF 11.

Although the Council had power to regulate building in the City from 1842, this was effectively vitiated in the political climate of the times (Ashton: Accidental City pp17-25). New legislation in 1879 marked the effective beginning of Council's role in regulating building development ('building applications'), to ensure that new construction (and remodelling of existing buildings) conformed to structural safety standards and did not impinge onto roadways.

From 1945-1951 Council also became responsible for regulating land use development ('development applications'), where a significant change of land use was at issue. This new class of regulation was introduced in the context of town planning and zoning legislation.

Persons or organisations (other than exempt government bodies) wishing to undertake any building or development project must submit an application to the Council. The application is assessed in terms of the applicable bylaws or other legislation and regulations (including planning schemes prepared as part of the function CF 11, Town Planning) and may be approved, refused, or approved subject to conditions or modifications.

Until at least 1945 (this point requires further research) the City Building Surveyor, rather than the Council itself, was statutorily responsible for decisions on building applications. Development applications are required to be decided by the Council itself or, in the case of major developments since 1989, by the Central Sydney Planning Committee whose decisions are deemed to be made by the Council.

Shirley Fitzgerald: Sydney 1842-1992 (Sydney, Hale & Iremonger, 1992).
Paul Ashton: The Accidental City: Planning Sydney since 1788 (Sydney, Hale & Iremonger, 1993).
Paul Ashton: Nine Planners Remember (Sydney, the Council, 1993).CreationThis schedule shows only the principal pieces of legislation from which the mandate derives and by which it was significantly altered.

Sydney Building Act 1838
Prescribed what building materials were to be used for construction of buildings in the City.

Sydney Corporation Act 1842, ss81, 92
Council surveyors to have powers granted to a Town Surveyor under the Sydney Buildings Act 1838.

City of Sydney Improvement Act 1879
Established the office of City Building Surveyor (CBS) with responsibility for regulating building activity. An Improvement Board (nominated by the Colonial Government) adjudicated complaints of unfair decisions by the CBS, and remained active until the mid-1890s.

Height of Buildings Act 1912
Limited maximum height of buildings within the City to 150 feet.

Sydney Corporation Act 1932, part XX (added 1934)
Established a Building Advisory Committee to advise Council on building regulation matters; and an appeal board to hear complaints on unjust decisions by the City Building Surveyor.

Local Government (Town and Country Planning) Amendment Act 1945
Introduced regulation of building developments where land use planning issues were relevant.

City of Sydney Act 1988, part 4
Established the Central Sydney Planning Committee to make development decisions worth more than $50m, to be treated as Council decisions but with a majority of members appointed by the State government.

Local Government Act 1993, chapter 7
Building and Development approvals and other approvals, and Council's power to regulate and issue orders.

Environmental Planning & Assessment (Amendment) Act 1997
Altered the requirements and processes for building and development applications, effective from 1 July 1998.

For municipalities other than the City of Sydney (to 1949): Municipalities Act 1867 s128 [circumscribed power to control building works under provisions of the Town Police Act 1839]; Local Government Act 1919 Part XI. Refer to the function CF 29.

Activity

Management of Neighbourhood Service Centres

Advertising signage control

Land use, employment and related statistical surveys

Licensing and inspection of boarding and lodging houses

Regulation of noxious trades

Ordinance and by-law enforcement, abatement of nuisances

Drafting of By laws

Planning for public spaces

Strategic town planning

Development applications inspection and approval

Building applications inspection and approval

Description

Start date1st January 1842

Identification

Source system ID10

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Building and development regulation