Owners Consent Form

Information

This form is a mandatory document to be completed and submitted at the time of lodgement with a Development Application, Building Information Certificate, Construction Certificate, Complying Development Certificate, Subdivision Works Certificate and Subdivision Certificate application.

From 1 January 2023 the EP&A Regulation 2021 requires written land owners consent for all Development Applications where the applicant is not the owner.

Applicants must ensure all relevant owner/s details are provided and the form is uploaded via the NSW Planning Portal at the time of lodgement.

Owners Consent - Additional Information

Company / Organisation

If the owner is a company, a current ASIC Company Extract (issued the day before or the day of lodgement) must be provided in addition to one of the following:

  • Signatures of two directors or a director and a company secretary (unless it has a sole director).

  • Execution of owner’s consent form (or other document to the same effect) in accordance with s 127 (1) of the Corporations Act 2001.

  • Common seal affixed to, and execution of, owner’s consent form (or other document to the same effect) in accordance with s 127 (2) of the Corporations Act 2001. If there is no common seal, a company letterhead is acceptable.

Signing on owner’s behalf

If you are signing on the owner(s) behalf as the owner(s) legal representative, you must state the nature of your legal authority and attach documentary evidence (e.g., Power of attorney, executor, trustee, company director).

Strata Title / Body Corporate

If the property is a unit under strata title or a lot in a community title, and works are proposed on common property, then one of the following must be provided in addition to the owner’s consent:

  • The common seal of the body corporate must be stamped on this form over the signature of the owner(s) and signed by the chairperson or secretary of the body corporate, or the appointed managing agent.

  • A letter on strata management letterhead.

  • Minutes signed by body corporate chairperson, clearly stating the words ‘supported for lodgement of [specify type of application]’.

New owner(s)

If the property has recently been sold, one of the following must be provided:

  • A copy of the Certificate of Title.

  • A letter from your Solicitor confirming settlement.

  • Previous owner(s) to provide owner(s) consent.

Please note that it can take a minimum of 8 weeks for Council to be notified of a change of ownership

Applicants must ensure all relevant owner’s details are provided in both the NSW Planning Portal and on this form to prevent delays.

Applicant Details

Property Details

Type of Application

Owner(s) Details

Company Details 

If the owner is a company, an ASIC extract must be provided to authorise the signatory. If the property is subject to strata or community title, the application must have authorised consent from the Body Corporate.  

Refer to the notes provided above for detailed requirements regarding Company and Body Corporate signatures

Owner(s) Consent

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Political Donations Statement

In accordance with Section 10.4 of the Environmental Planning and Assessment Act 1979, the applicant (or any other person with a financial interest in the application) must disclose any reportable political donations or gifts they have made in the two years before the application is made. The disclosure requirements continue to apply until the application is determined. Reportable political donations include donations of $1,000 or more.

Conflict of Interest Declaration

Applicant Declarations

I/we hereby consent to the making of any application for the proposed development as outlined above and I/we understand that it will be necessary for Council staff to enter and inspect the property, the subject of any application made to ensure compliance with the provisions of the Environmental Planning and Assessment Act 1979 & Local Government Act 1993, as amended and the Regulations thereunder and with the relevant plans and specifications. 

I/we understand that all correspondence in relation to the subject application will be directed to the applicant through the NSW Planning Portal. 

I/we declare that I/ we are aware of and acknowledge Council's political donations and privacy policies and practice of advertising, exhibiting and making available copies of applications (including plans and other documents) for the purpose of obtaining public comment, and I authorise Council to implement such policy in respect of this application. This includes publishing information on Council'swebsite.