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Interim Development Application Files
Description
Unique IDAS-0305Start dateBetween 2nd August 1946 and 30th September 1949Start date qualifierexactFormatRegistered FileShort descriptionThis series of files relates to the granting or refusal of applications received in the interim period between the establishment of the Cumberland County Council in 1945, and the adoption of the Cumberland County Council Scheme in 1951.DescriptionThis series The files are controlled by the Planning Street Cards (AS-0533). They were created by the City Architect and Building Surveyors Department II (AG-0016).
The files are called Interim Development Applications because they contain applications received in the interim period between the establishment of the Cumberland County Council in 1945, and the adoption of the Cumberland County Council Scheme in 1951. The County Council was set up to develop a planning scheme that would allow local councils to control development. Once the Scheme was gazetted the files were known as development application files.
Background to the scheme
Prior to 1945, local councils had been vested with certain planning powers under the Local Government Act 1919. They were able to control types of sub-divisions, lot sizes, housing densities, and locations of roads, but they had few powers to prevent development. The Local Government (Town and Country Planning) Amendment Act 1945, set out to rationalise and coordinate development for the whole of the County of Cumberland, including the City of Sydney.
The Cumberland County Council
Under the provisions of this Act, the Cumberland County Council was constituted as a statutory authority responsible for authorization of development in the County. To this end it was required to prepare a town and country planning scheme within three years.
The County Council consisted of ten delegates elected from the municipalities and shires in the County on 20 September 1945. Sydney Municipal Council was the Number 1 Electorate and Alderman HG Carter was its elected representative.
The Council became the planning authority on 12 July 1946 with the adoption of its First Interim Plan. The whole County was now subject to Interim Development Control in accordance with Division 7 of the Act.
Implementation of the Scheme
The adoption of the First Interim Plan meant that whenever a person or organisation wanted to develop a site they were required to apply to their local council for permission and submit a locality sketch or block plan showing the area to be developed.
The definition of ‘development’ given in the Act is open to interpretation. It defines development as ‘the erection of any building, the subdivision of the land and the carrying out of any work thereon for a purpose which is different from the purpose for which the land or building or work was last being used’ (S. 342T(1)).
It has been interpreted in practice as any change in the use of the space, whether it is erecting a building on a vacant lot of land, adding extra floors, or changing the usage from factory to offices. An application would not be required if the usage remained the same but minor alterations, such as changes in office partitions, were carried out.
Control over development was exercise jointly by the local Council and the Cumberland County Council. A joint Interim Development Committee with representatives from the Cumberland County Council and the Sydney Municipal Council was set up to decide on procedures for dealing with applications.
The County Council controlled development relating to parks, recreation areas, County roads, railways, special use areas, and land owned by the Crown or Public Utility undertakings. The local councils controlled development relating to living areas, industrial areas, rural areas, and commercial areas. The County Council also required any local plans devised by the councils to conform to its plan.
From July 1946 to September 1949 the City Engineer, who possessed the prescribed qualifications according to the Act, was the Council officer responsible for approving applications, although the files were created by the City Building Surveyor's Department. The City Building Surveyor received the applications, a minute was written to the City Engineer asking whether the proposed development interfered with any of Council's planning schemes or whether there was any objection. The City Building Surveyor also requested the Building Inspectors to investigate and report on the present purpose of the site, the use of other properties in the area, whether the site was in a declared residential district, and if there were any objections to the development.
The City Engineer replied stating whether there were any objections and the application was then submitted for approval or disapproval. Council the confirmed or refused the application.
After September 1949, the City Building Surveyor took over the function from the City Engineer. This is reflected in the fact that until September 1949 the Interim Development Application Files were kept as a separate series (this series) with their own annual number run. From September 1949 they were made up as part of City Building Surveyor's Department Correspondence Files (AS-0138), which had existed since 1936. They were no longer given a separate run of numbers.
Relationship between building applications (BA) and development applications (DA)
A building application is required to be submitted whenever any building work is carried out that requires Council's consent. During the 1940s and 1950s when Interim Development Applications and Development Applications were first required to be submitted there was confusion about the relationship between BAs and DAs.
Because building applications and development applications are covered by separate parts of the Act, Parts XI and XIIA respectively, disapproval of one did not necessarily mean disapproval of the other. So a building application relating to a property could be approved while the development application relating to the same property could be disapproved. The policy decided on in 1952 was to approve the building application but only on the understanding that work was not to proceed until the development application was approved.
From the late 1950s it appears that development applications were submitted before the building application.
The Interim Development Applications usually contain copies of correspondence between the applicants and the City Building Surveyor, a locality sketch of the area to be developed, minutes and copies of Council resolutions. They also contain cross-references to files in Town Clerk's Correspondence Files (AS-0034), and Building Application Files (AS-0059).
Sources:
AS-0034, TC 1943, 1945 851/1949, 5267/1951.
The Planning Scheme for the County of Cumberland - the report of the Cumberland County Council to the Hon JJ Cahill, 27 July 1948.
Relationship summaryRELATED TO: Development applications inspection and approval AY-0029 (01/07/1946 to 30/09/1949)LanguageEnglish (eng)
The files are called Interim Development Applications because they contain applications received in the interim period between the establishment of the Cumberland County Council in 1945, and the adoption of the Cumberland County Council Scheme in 1951. The County Council was set up to develop a planning scheme that would allow local councils to control development. Once the Scheme was gazetted the files were known as development application files.
Background to the scheme
Prior to 1945, local councils had been vested with certain planning powers under the Local Government Act 1919. They were able to control types of sub-divisions, lot sizes, housing densities, and locations of roads, but they had few powers to prevent development. The Local Government (Town and Country Planning) Amendment Act 1945, set out to rationalise and coordinate development for the whole of the County of Cumberland, including the City of Sydney.
The Cumberland County Council
Under the provisions of this Act, the Cumberland County Council was constituted as a statutory authority responsible for authorization of development in the County. To this end it was required to prepare a town and country planning scheme within three years.
The County Council consisted of ten delegates elected from the municipalities and shires in the County on 20 September 1945. Sydney Municipal Council was the Number 1 Electorate and Alderman HG Carter was its elected representative.
The Council became the planning authority on 12 July 1946 with the adoption of its First Interim Plan. The whole County was now subject to Interim Development Control in accordance with Division 7 of the Act.
Implementation of the Scheme
The adoption of the First Interim Plan meant that whenever a person or organisation wanted to develop a site they were required to apply to their local council for permission and submit a locality sketch or block plan showing the area to be developed.
The definition of ‘development’ given in the Act is open to interpretation. It defines development as ‘the erection of any building, the subdivision of the land and the carrying out of any work thereon for a purpose which is different from the purpose for which the land or building or work was last being used’ (S. 342T(1)).
It has been interpreted in practice as any change in the use of the space, whether it is erecting a building on a vacant lot of land, adding extra floors, or changing the usage from factory to offices. An application would not be required if the usage remained the same but minor alterations, such as changes in office partitions, were carried out.
Control over development was exercise jointly by the local Council and the Cumberland County Council. A joint Interim Development Committee with representatives from the Cumberland County Council and the Sydney Municipal Council was set up to decide on procedures for dealing with applications.
The County Council controlled development relating to parks, recreation areas, County roads, railways, special use areas, and land owned by the Crown or Public Utility undertakings. The local councils controlled development relating to living areas, industrial areas, rural areas, and commercial areas. The County Council also required any local plans devised by the councils to conform to its plan.
From July 1946 to September 1949 the City Engineer, who possessed the prescribed qualifications according to the Act, was the Council officer responsible for approving applications, although the files were created by the City Building Surveyor's Department. The City Building Surveyor received the applications, a minute was written to the City Engineer asking whether the proposed development interfered with any of Council's planning schemes or whether there was any objection. The City Building Surveyor also requested the Building Inspectors to investigate and report on the present purpose of the site, the use of other properties in the area, whether the site was in a declared residential district, and if there were any objections to the development.
The City Engineer replied stating whether there were any objections and the application was then submitted for approval or disapproval. Council the confirmed or refused the application.
After September 1949, the City Building Surveyor took over the function from the City Engineer. This is reflected in the fact that until September 1949 the Interim Development Application Files were kept as a separate series (this series) with their own annual number run. From September 1949 they were made up as part of City Building Surveyor's Department Correspondence Files (AS-0138), which had existed since 1936. They were no longer given a separate run of numbers.
Relationship between building applications (BA) and development applications (DA)
A building application is required to be submitted whenever any building work is carried out that requires Council's consent. During the 1940s and 1950s when Interim Development Applications and Development Applications were first required to be submitted there was confusion about the relationship between BAs and DAs.
Because building applications and development applications are covered by separate parts of the Act, Parts XI and XIIA respectively, disapproval of one did not necessarily mean disapproval of the other. So a building application relating to a property could be approved while the development application relating to the same property could be disapproved. The policy decided on in 1952 was to approve the building application but only on the understanding that work was not to proceed until the development application was approved.
From the late 1950s it appears that development applications were submitted before the building application.
The Interim Development Applications usually contain copies of correspondence between the applicants and the City Building Surveyor, a locality sketch of the area to be developed, minutes and copies of Council resolutions. They also contain cross-references to files in Town Clerk's Correspondence Files (AS-0034), and Building Application Files (AS-0059).
Sources:
AS-0034, TC 1943, 1945 851/1949, 5267/1951.
The Planning Scheme for the County of Cumberland - the report of the Cumberland County Council to the Hon JJ Cahill, 27 July 1948.
Relationship summaryRELATED TO: Development applications inspection and approval AY-0029 (01/07/1946 to 30/09/1949)LanguageEnglish (eng)
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Access
Public access statusOpen to public access
Identification and Arrangement
Source system ID305System of arrangementAnnual single number
Digitisation
Digitisation statusNot digitised
Data Quality
Authenticity & integrityThese are the original Interim Development Application Files from the Municipal Council of Sydney. The record has been held in the Council’s custody and has a high level of authenticity. Users should be aware that this is an historical record and the language used within the record was the language of the time it was captured, and may not reflect current community values or expectations.
Relationships
OrganisationSydney City CouncilControlled by seriesPlanning Street CardsCreating agenciesCity Architect and Building Surveyor's Department IIRelated activitiesDevelopment applications inspection and approval
Interim Development Application Files [AS-0305]. City of Sydney Archives, accessed 25 Nov 2024, https://archives.cityofsydney.nsw.gov.au/nodes/view/63015