Backyard Verandah and Awning

Gday all!

Mum's doing some improvements to her backyard and is hearing many different things when talking to people, so thought I'd ask here.

House is located in The Hills Shire Council, NSW.

Situation - There was an existing pebblestone verandah with verandah awning over it (original). Mum wanted to remove the existing awning, then to concrete over the existing pebblestone verandah and extend the verandah out 1m further into the backyard, then have the new awning built over the new verandah.
After the existing awning was removed, Mum selected a concretor who did the work but ended up doing a dodgy job (Mum didn't do her research this time round and it ended up he wasn't licensed!). New verandah was too high and was pushing against the house, which as per 3 builders reports, would cause major damage to the house. Mum had the concrete cut up and removed; however, in the process, the workman cutting up the new concrete verandah cut through the old, existing pebblestone verandah also.
Because of all the hassles with concreting, Mum has now decided to go with decking instead and has started getting work done to put the decking in (drainage under the decking, removing of soil, etc). Now this is where I'm asking questions.

Our neighbour, who is also a builder, has told Mum that she will need to goto council and have it council approved. I'm know very little about this area, but would decking require a council DA approval? And would the extension of the old awning (that has now been removed) require a council DA approval? I'm thinking it would, but thought I'd check in.

Mum went to council and they couldn't give her an answer, but they told her it may be able to go under the SEPP for Complying or Exempt Development.

Any assistance is appreciated.

 

Not sure on NSW regs but lets say if the decking is less than 100mm above natural ground level it shouldn't need approval regardless of size etc, concerns are when steps/railings are required etc.
As the patio roof is being modified it will require approval if using solid roofing (shouldn't be required if using shade cloth including waterproof)

 

How many square metres? Check council website. If under a certain size and a few other details you can proceed without da.
Penrith council is 20m2 max.

 

Go to the council website and see what the maximum size, height and setbacks are stated for exempt development.

 

http://hub.planning.nsw.gov.au/BuildingorRenovating/DoIneedapproval/Exemptdevelopment.aspx

 

Thanks everyone for the help!

Looked into Exempt Developments, but unfortunately, the decking will be 10m2 over what it says. Looks like Mum will have to go through council! Hopefully they're good to her and things are done quickly

 

if its like for like replacement it shouldnt raise any eyebrows, unless the neighbours dob you in

 

Another risk, council can make you rip it out so more money wasted.

 

No they won't, they just make you submit the paperwork after and most importantly pay the fees. Someone inspects like a normal da

 

In NSW at least according to Environmental Planning AND Assessment Act 1979, councils can: fine, force compliance or order removal of non compliant works.

 

Yep. I told council inspector (nsw) that's how I'll do things next time, council inspector laughed and said yep it's probably easier!
Second point you mentioned "force compliance"; for something minor like an awning or deck they'll just make sure it's not going to fall down and not fluro pink. Plus it's a replacement so no impact to neighbors or the pink eyed frog

 

In most cases you would hope that reason would prevail. Like you said, most things people do tend to be minor. Councils tend to have a bad wrap when it comes to DA's. What people forget is that the DA process is meant to protect the owner, making sure that works done are safe.

 

Thanks guys. I've heard that Hills Shire Council is decent when it comes to awnings and decking. Been told by someone that when council found out about their backyard work, that they had to just do the paperwork. Council didn't make them remove it as it was safe and suitable.

As for being dobbed in by neighbours, I think that's highly likely with my Mum's neighbours