How To Write A Public Submission Responding to Development Applications

A development application(commonly referred to as DA) is a formal application to council or the Department of Planning and Environment, by a person/owner/builder wishing to build or alter a building and or land and its usage. A submission in general is a method of submitting your response to a proposal.

There may come a point in your life when you feel worked up about a development application that will impact how you live your life that you want to and should write a submission so that your views are formally considered. You can make a submission alone or as a joint submission with others who share your views.

If your submission is lengthy, utilise a table of content or headings and paragraphs or bullet points. 

Here are some ideas that you can cover when you are composing your submission in response to the DA. By the way, council and the Department of Planning and Environment aren't really interested at all on how the DA will positively or negatively affect your property prices. They are more interested in issues that you can cover below:

* Traffic and car parking impacts, call for a road safety audit if the proposed development is near an intersection or roundabout

* Inappropriate height of proposed development possibly setting precedence, the height could be visually bulky and out of context with neighbouring development, it could dominate the skyline

* Adverse increase in density affecting quality of life

* Unjustified reductions in community centre sizes or open public spaces

* Adverse impact on social infrastructures/services such as park, public transport, bus facilities and local roads

* Lack of open spaces/green spaces which are beneficial to people's long term mental health and happiness

* Noise and nuisance during construction

* Adverse environmental impacts on such things as trees, landscape, ground water, contamination

* Overshadowing and overlooking

* Inadequate public transport

* Obscuring private views

* Increase in crime

* Failing to accord with Council's strategy for the area

* Non compliance with Council's Development Control Plan (DCP) for the area/suburb

* Local schools are at capacity or over capacity and overcrowded being unable to cope with increased density and population

* Refer to data, any legislation or laws that are applicable, refer to any relevant policies

Say no to Luddenham, Greendale and Bringelly Cemeteries and Crematoriums

There's been an update at the http://noluddenhamcemetery.blogspot.com/ site. All objectors are encouraged to contact anyone of the members for information and to join the protest against the cemetery and crematorium applications in the areas of Luddenham, Greendale and Bringelly. Email Duncan at nogreendalecemetery@hotmail.com or send an email to sascha_vuk@hotmail.com

If you would like to oppose the Luddenham Memorial Park (cemetery and crematorium) proposal, then refer to my other post which you can read by clicking here: Luddenham Memorial Unwanted

Will the children of tomorrow look back upon our generation today and say that we've made a bad decision in land use policy? Agricultural land in Australia is a finite resource and it really is time that the Government and local councils take a good look at Australia and its food production future. Particularly since NSW is the last bastion of viable agricultural land that isn't affected by extreme drought, flooding and cyclones.

1) The urban sprawl from coast to inland has seen development built upon the best and most fertile land already in Australia. Inner city and coastal regions receive regular rainfall, the soil is fertile and perfect for farming, however, housing and apartments have taken over the farms and orchards and pushed farmers further inland

2) Now it's a case of agricultural farmlands going up against competing land uses such as: cemeteries and crematoriums, gas fields, mining, viticulture, breeding and urban development.

3) Mining is something that will provide revenue for a period of time and after that, nothing. It will pretty much rip the land into pieces, pollute the area and then any attempts at land rehabilitation will take decades to repair. Cemeteries as a land use option, is just as bad as mining. It affects watercourses and groundwater, the drainage and water runoffs are heavily loaded in nutrients which will ultimately pollute local creeks, watercourses and dams. They both have a single use policy. Use once for a period of time and then the land is useless afterwards.

Will the Australian public finally wake up and realise that their food is in danger of being raised and grown in areas surrounded by cemeteries and crematoriums? I was raised in an agricultural background and I find it so sad that farmers are now having to fight against developers from building crematoriums and cemeteries adjacent to their land. It's also sad that they have to protest against miners from mining the land.

The quality of our groundwater and aquifers are currently one of the best in the world but at the rate that we are spiralling downwards, the future may be looking extremely bleak for food production. Why are councils even considering these type of development across the remaining bits of fertile land?

Australia's population is small at 22 million. Instead, there should be intensive development clustering around CBDs (Sydney, Parramatta, Hornsby, Liverpool) and close to train lines to encourage our population off the road and onto environmentally friendly options. Why was the Epping to Chatswood line built? It was to connect the city with the North Ryde Macquarie Park business park.

The North Ryde Macquarie Business Park is one of the biggest waste of public transport infrastructure. The new train stations are surrounded by low rise office buildings. These should have been developed as high rise office towers so that more businesses can rent out a suite near the station and again, reduce the urban sprawl and reduce the amount of cars on the road. It's the biggest failure of new train lines - there are so few office workers getting off at the Macquarie Park/North Ryde trains stations that it really was a piece of infrastructure that should have been built elsewhere - particularly out in the wild wild west.

When will local council realise that developments without infrastructure is unfeasible? When will they build the infrastructure first and then bring in the developments?

Luddenham Memorial Unwanted: No Luddenham Cemetery near Farmlands

***Update 18th January 2012:
DA11/1445 Application has been relodged by Stimson Consultant Services Pty Ltd on 23/12/11

Same sh*t, different smell ...aptly sums up the situation.

Why is it that rural residents always get hammered by developers? Is it due to the lack of density?

Are submissions lodged into council based on quantity of objections or percentage of household in the area? If it's based on the latter, then that would be more in community interest however if it's the prior, then that would be a severe disadvantage for rural residents.

There's a Luddenham Action Group on Facebook which you can join for the most up to date info on this problem: http://www.facebook.com/pages/No-Cemetery-and-Crematorium-in-Luddenham/119239951474962?sk=wall

Back onto topic, judging by the Googlers out there, if you are seeking information on this issue you can:

a) Google search: Penrith City Council
b) Click on the subsection title: Planning and Development
c) Click on: Application Search
c) Your DA search should be: DA11/1445 (You need to type that in exactly for the DA to be pulled up from the database)

A summary of the new application just recently lodged:




Click on image to see a larger version.



Luddenham Memorial Park Cemetery and Crematorium is not Wanted
- DA10/1208 on Lot 1 DP 529885 No 2207-2223 Elizabeth Drive, Luddenham NSW 2745. The proposed site is about 100m from the Northern Rd/Elizabeth Drive roundabout.


***Update 21st April 2011: Council rejected the application. A win for farmers and rural residents.


Although this topic may not seem relevant to a financially orientated blog, it is still relevant in terms of protecting your property rights and your business interest if you have a neighbour who has lodged a Development Application (DA) that is detrimental to your business or your health and way of life.


Penrith City Council has received a development application for a Luddenham Memorial Park, Cemetery and Crematorium to be built in the middle of agricultural farm lands. Farms that are growing figs, vegetables, olives, fruit and raising beef cattles, poultry and eggs for Sydney and Australia's consumption. Their dams will be receiving run off in the event of rains and storms from the site that is proposed for burial grounds. There are a multitude of reasons as to why the proposal should be opposed, which I will illustrate further below. It will also mean that the Luddenham Model Park also known as Sydney Society of Model Engineers, one of the oldest engineering model club in Australia and the oldest, continuously operating Model Engineering Club in the World, will be forced to close if this development goes ahead.


How to oppose this Development Application (submissions close 31st January February 2011):1) Call Sascha on 0404 659 043 or email her on sascha_vuk@hotmail.com who is in charge of this and she can help guide you in any of the steps listed below.


2)Download and print the petition and the individual submissions, council will count both individually:
* Letter outlining the issues and a copy of the petition
* The petition that you can ask family and friends to help sign by clicking here* Individual submissions that your family and friends can sign
3) Write an individual submission against the DA with your argument formed objectively and you can find ideas on how to object to it from the research that the committee members have collated by clicking here


Email your submission directly to all the council members (kaylene.allison@penrithcity.nsw.gov.au, greg.davies@penrithcity.nsw.gov.au, jackie.greenow@penrithcity.nsw.gov.au, malkoc@penrithcity.nsw.gov.au, kevin.crameri@penrithcity.nsw.gov.au, ross@rossfowler.com.au, ben.goldfinch@penrithcity.nsw.gov.au, kathryn.presdee@penrithcity.nsw.gov.au, karen.mckeown@penrithcity.nsw.gov.au, jim.aitken@penrithcity.nsw.gov.au, robert.ardill@penrithcity.nsw.gov.au, mark.davies@penrithcity.nsw.gov.au, prue.guillaume@penrithcity.nsw.gov.au, john.thain@penrithcity.nsw.gov.au, tayna.davies@nsw.liberal.org.au)


4) If you use Facebook or have friends using Facebook, join the protest group site No Cemetery and Crematorium in Luddenham on Facebook and write comments opposing the DA


5) There will be a community meeting at the Luddenham Model Park where council members and members of the Liberal and Labor Party will be present to listen to the community's views on this proposal. Ensure you show your support by turning up at the following location:


Date: Saturday 22nd January 2011
Where: Luddenham Model Park @ 869 Luddenham Road, Luddenham
When: 2pm-5pm
Who: Everyone with an interest is invited, there will be council members and political Members of Parliament attending


6) Read the following news articles that have been published and submit comments about your opposition to this DA. It has been published at the following newspapers:

* Penrith Star Article: Not in our Backyard, residents oppose Luddenham Cemetery - read and comment, the press will maintain their interest in this DA if the public shows that it is something that is relevant to us.
* Another Penrith Star Article
* Penrith Press Article: Neighbours Dig In, Luddenham Memorial Park not Wanted
* Liverpool Champion Article: Luddenham Dead-Set Against Cemetery (the irony of that byline)
* Another Liverpool Champion article: Anger at Luddenham Cemetery Plan by Anne Tarasov and Gemma Seymour

What do you need to do to compose an individual submission if you have your own research?
* Address your submission as: 
To: The General Manager
Penrith City Council
PO Box 60
Penrith NSW 2751
Email: pencit@penrithcity.nsw.gov.au
Fax: 02 4732 7958

* You must include the reference number and the address of the property that the development application relates to. In this case you must include:
Ref: DA10/1208: Proposed Crematorium, Cemetery, Memorial Gardens with Associated Buildings and Car Parking at Lot 1 DP529885 No 2207-2223 Elizabeth Drive LUDDENHAM NSW 2745

* Clearly state the reasons why you object to the development proposal. Outline how it will negatively affect the enjoyment of your land or affect you. Do your research, illustrate facts, list points and if you have any source documents or websites, note the source in your letter

* Ensure that you include your name, contact number, signature and date the letter. Sascha will be compiling all the letters and petitions to be lodged to Penrith City Council. You can send your petitions and letters to the following:
To: Sascha Vukmirica
PO Box 885
St Marys NSW 1790
OR Email: sascha_vuk@hotmail.com

If you are against this proposal and want to help in any way, please refer to the action points listed above for you. Also, feel free to ask questions in the comment section, contacting Sascha on 0404 659 043 or email me at cardilicious@gmail.com (copy and paste the email address onto your email) if you need any clarifications.


The proposed site does not even have reticulated water (town water) or council sewerage. They expect to operate the entire place on rainwater runoffs, tank water brought in by trucks and have a massive onsite sewerage system facility.


As all residents know, there was a drought for several years where there was NO RAIN and almost everybody's dam was empty. How can they run a cemetery, crematorium, florist and onsite restaurant and cafe without city water and just by using tank water? Onsite sewerage systems have been known to malfunction from time to time, the whole entire suburb will reek if their sewerage system should malfunction.


Last but not least, the block cradles a ridge, which is a high land point and is very windy. Ashes can carry for several hundreds of metres onto farm land where animals are grazing and drinking dam water. It can carry onto property roofs which are used to collect drinking water for households.


Will Penrith City Council or the developers put their hands up to assume responsibility for future liabilities should businesses fold and collapse because of the development? Will they also reimburse residents who get sick from drinking contaminated water due to the crematorium and the ashes from the development? 

If any customers, residents, crops or livestocks get infected, sick or contaminated because of this development, Penrity City Council and the developer should be held accountable.

 Updates on this topic can be accessed here:
* Post: Say no to Luddenham, Greendale and Bringelly Cemeteries and Crematoriums

Help, my builders are crap and my neighbours are a$$holes!

So you've contracted builders to build your house or extend the house. Everything is going along swimmingly when you sign them up. Suddenly, as they start building, you notice that there hasn't been any mandatory council inspection during the builders progress. You also notice that the builder is flying along with his construction and some of their work is misaligned or simply, crap.

You've got problems and where can you go for help?

1)Consumer, Trader & Tenancy Tribunal - online application fo a dispute can be lodged with application fees ranging from $31-$167 (www.fairtrading.nsw.gov.au/cttt.html)

2)NSW Office of Fair Trading - www.fairtrading.nsw.gov.au/building There's helpful information and tips on how to construct contracts, decide on builders and resolving disputes

3)Insurance claim- All building work valued over $12,000 must be covered by home warranty insurance and builders must supply the owner with a certificate of insurance when the contract is signed. If your builder is insolvent you can direct your claim to the insurer specified onth certificate of insurance.

4)Legal action- www.lawsociety.com.au A directory of solicitors with a current practising certificate. This site is maintained by The Law Society of NSW

Vicious and unpleasant neighbours. I had a work colleague with a nasty neighbour. Their relationship deteriorated daily and he would start up his lawn mowing and drilling tools early in the morning every weekend just to drive my colleague insane. So what can you do about unpleasant neighbours?

1)NSW Department of Lands- www.lands.nsw.gov.au/land-management/dividing-fences They administer the Dividing Fences Act 1991. If you give your neighbour a written notice and there's no agreement reached after one month, the Local Land Board can adjudicate

2)Community Justice Centres- www.cjc.nsw.gov.au Available in NSW, they provide free mediation and conflict management services to assist with dispute resolution

3)Local courts- Civil issues valued up to $60,000 can be dealt with by the Chamber Magistrates

4)Local council- Councils can have compulsory notice powers for any disputes covered by the Local Government Act

5)Private legal action- www.lawsociety.com.au for solicitors

There's not really much you can do with annoying or unpleasant neighbours if they aren't breaching any laws. You can't really trade your neighbour too if you don't like them. It's always best to try and maintain a good relationship from the start.

You can however, ensure to some extent that you don't contract a crappy builder by ensuring they have all the relevant licences and registrations. That they have insurance covering their work. Don't pay the entire balance up front but in stages of completion. Check for references. See what work they have done in the past. Doing the legwork before contracting them can prevent a lot of headaches later.