When a new development is proposed in your area, it’s natural to want to protect your community from potential impacts. Many people feel compelled to write public submissions, but all too often, these submissions fall short of being effective. In this post, we’ll cover some common mistakes people make when submitting objections to Development Applications (DAs), and why avoiding them is crucial to having your concerns taken seriously by council.
1. Discussing Impacts on Property Values
One of the most frequent errors community members make is focusing on how a proposed development might affect their property value. While it’s understandable to worry about this, it’s important to know that councils and the NSW Land and Environment Court (LEC) have consistently ruled that the potential impact on property values is not a relevant planning consideration. This means that if your submission is heavily focused on property prices, it’s likely to be disregarded by council officers.
However, there are other areas you can focus on in your submission which can indirectly impact the value of your property such as:
Overshadowing and loss of sunlight.
Loss of privacy.
Increased traffic or parking congestion.
Environmental impacts, such as tree removal or drainage issues.
2. Using Emotional Language
It’s only natural to feel emotional about changes to your neighbourhood, but letting those emotions dominate your submission can backfire. Submissions filled with emotional anecdotes or charged language run the risk of not being taken seriously by council officers. While the changes may cause you distress, your submission will be most effective if it focuses on planning grounds and avoids emotional appeals.
For example, instead of saying, "This development will ruin our peaceful street," consider rephrasing it to, "The proposed development will increase traffic volumes and noise levels, which will affect the existing residential amenity."
Avoiding first person language can also assist in avoiding emotional language in your submission.
3. Ignoring Local Planning Instruments
Effective submissions reference the local planning instruments that guide development in your area, such as the Local Environmental Plan (LEP) or Development Control Plan (DCP). While these instruments can be long and complex, it is worthwhile to reference relevant objectives and controls wherever possible. For example, the aims of a council's LEP (under clause 1.2) provide basic objectives that the council seeks to achieve with every development within their local government area. Referring to these objectives and explaining whether the proposed development meets them will add substance and credibility to your submission.
4. Making Duplicate Submissions
It's common for community members to want a development application determined by a local planning panel rather than by council staff. This typically requires at least ten public submissions made to the council during the exhibition period for the development application. However, planning panel regulations require that for a DA to be considered by a local planning panel, the council must receive at least ten unique public submissions from different members of the public.
A common mistake is submitting the same carefully written objection from multiple people. If council receives identical submissions from several individuals, they may count it only once, even if ten or more members of the community submit it. To ensure all submissions are counted, it’s crucial that each submission is unique in content. It is also important to note that Council will count any petition it receives as a single public submission - no matter how many signatures the petition attracts.
Conclusion
Writing an effective public submission requires careful attention to planning issues, objectivity, and local planning rules. Avoiding these common mistakes can help ensure your concerns are heard and considered by council officers. For those who find the process overwhelming, seeking professional assistance can provide peace of mind and increase the chances of your submission making an impact.
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