FAQs

Objections Vs Submissions

There is a difference between a submission and an objection. However whether supporting or objecting to a proposal, the following minimum standards apply to all submissions: 

• It must be received within the designated public exhibition period, and  
• It must include the author’s name and address. Must include clear reasons as to why the author objects to the proposed development; or alternatively, must include clear reasons as to why the author supports the proposed development.

An objection must contain clear reasons as to why the author objects to the proposed development or plan.  An objection is NOT:

• A submission that only seeks clarification in respect of a proposal; 
• A submission that is in support of a proposal; 
• An anonymous submission; or
• A submission that is indifferent to a proposal.

• Multiple submissions from one household are considered one objection.
• One petition is considered one objection, notwithstanding the number of individual signatures contained in the petition.
• In the event multiple submissions in the form of pro-forma letters are lodged, each pro-forma letter is considered one objection, but only if the submission clearly addresses the other requirements prescribed in this section of the CPP.

Public exhibition will not be carried out for the following development types, except where the development application is for works on a heritage item or in a heritage conservation area as outlined by the Cessnock Local Environment Plan 2011.

1. The application is for a temporary use as outlined in clause 2.8 of Cessnock Local Environment Plan 2011 in cases where the number of participants and spectators is less than 2000 people.
2. The application is for subdivision for the purpose of:

• boundary adjustments; or
• a dual occupancy under Clause 4.1C of the Cessnock Local Environment Plan 2011; or
• a strata subdivision; or
• a subdivision of no more than two (2) lots in a residential zone; or
• a subdivision of no more than five (5) lots in a business or industry zone.

3. Development is for a new dwelling house and additions to a dwelling house, provided that the development:

• is a maximum of two storeys;
• is a maximum height of 8.5m from the existing ground level; and
• is setback a minimum of 900mm from the property boundary

4. Ancillary development to a dwelling house excluding sheds exceeding the height of the equivalent Complying Development standard.

5. Development is for a dual occupancy or secondary dwellings and is located within the R1 General Residential, R2 Low Density or R3 Medium Density zones, provided that the development:

• is a maximum of two storeys;
• is a maximum height 8.5m from the existing ground level; and
• is setback 900mm from the boundary

6. Commercial premises and shop-top housing in employment zones where the site does not directly adjoin land in a residential zone.

7. Permissible land-uses in employment zones where the site does not directly adjoin land in a residential zone.

8. Development is for extensive agriculture, or development that is ancillary to the rural use of the land including but not limited to farm buildings, dams etc.

9. Internal works to buildings, where there is no change to the external configuration of the building.

10. Demolition works.

11. Development for the purpose of advertising signage.

Note: Notwithstanding any other provision of the CPP, Council may elect to notify or exhibit any proposed development if, in the opinion of Council, it is in the public interest to do so.