Development Roadworks Security Deposit

Bonds and Damage Security Deposits

A development consent or roadworks activity may require a refundable bond to be paid to council.

Council uses the bond to rectify (fix) any damage to council assets and/or the environment as a result development work.

A security deposit relating to a Development Application, or an Engineering Application is determined by Council in accordance with the Local Government Act 1993, Roads Act 1993 and the Environmental Planning & Assessment Act 1979.

Types of applications that have a bond paid before works start are:

Development Applications: The bond is paid before a Construction Certificate issued
Complying Development Applications: Council recommends that the developer take photographs of all pre-existing damage to Council infrastructure showing the front of the development site and keep this record till the bond is refunded. Failure to provide evidence of pre-existing damage will result in the applicant being responsible for rectification of any damage.
Local Government Applications (ie. s68)
Roads Act Applications

Are you applying for a Refund on your Development Application?

For development related works, a request for refund cannot be made until:

All works are completed, and the Final Occupation Certificate (or equivalent) has been issued by the applicable body.

An application for refund of the security deposit will be required, as well as providing:

a copy of the receipt for the deposit,
a copy of the Final Occupation Certificate,
other supporting documentation as required by the development consent and as requested by the assessing Council officer(s).

When do you expect your refund?

Standard refund applications may take a minimum of 6-8 weeks.

Incomplete refund applications will not be processed.

Large Development Applications or complex assessments may take longer to process.

Were you required to use the NSW Planning Portal?

From 1 July 2021, all councils in NSW will be required to use the NSW Planning Portal to process Occupation Certificates.

The Occupation Certificates lodged with the NSW Planning Portal, will be downloaded by Council and lodged into councils planning system. The timeframe to load within Council’s records system may take up to 1 week.

Council will commence the assessment of a refund.

An assessment of the relevant development application consent conditions will be undertaken.
An inspection will be carried out by Council.
If any issues arise, such as non-compliance with relevant development application consent conditions or if there is damage that is required to be rectified, a Council officer will contact the applicant.
If there are no issues, and no damage caused to Council’s assets, the refund will be recommended for release, and sent to Council’s finance team for processing.

What should you do if you did not use the NSW Planning Portal?

If you are not using the portal, you are going to have to lodge your refund request online.

Such as a Building Certificate, an older Development application or when and OC was lodged before July 2021.

Please include the following information in your request a copy of:

The Final Occupation Certificate, Building Certificate or
Development Application consent,
The receipt for the deposit,
current time stamped photos of all surrounding footpath, verge, kerb and gutter and roadway, including any adjacent roadworks undertaken for the development,
any other supporting documentation as required by the development consent and as requested by the assessing Council officers

Refund Form (PDF 204.5KB)

Refund Form (DOCX 68KB)

Do you need your Roadwork (Occupation, hoarding etc..) bond ?

Please contact the road access engineer for a return of application bonds - their contact details are on the approval notice.
For roadworks and other activities within the roadway, a request for refund cannot be made until all works are completed, and all temporary activities and structures within the roadway have been removed (such as hoardings etc).
The relevant approval notice relating to the Roadworks activity will stipulate the requirements prior to lodgement of a refund.
The bond in some applications is referred to as "Refundable Deposit" on your invoice/receipt

Do you need to create a Refund Request?

If you are applying for a refund and you need to create a refund request, please provide the below:

The Final Occupation Certificate, Building Certificate or
Development Application consent,
The receipt for the deposit,
current time stamped photos of all surrounding footpath, verge, kerb and gutter and roadway, including any adjacent roadworks undertaken for the development,
any other supporting documentation as required by the development consent and as requested by the assessing Council officers

Refund Form (PDF 204.5KB)

Refund Form (DOCX 68KB)

Please email the completed application form to council@innerwest.nsw.gov.au
Lodge by mail: Inner West Council, PO Box 14, Petersham NSW 2049
Lodge in person: Inner West Council’s Customer Service Centres:

Ashfield – 260 Liverpool Road Ashfield.
Leichhardt – 7-15 Wetherill Street Leichhardt.
Petersham – 2-14 Fisher Street Petersham.

Opening hours: Monday-Friday, 8:30am-5:00pm

What is the process council follows?

Council will commence the assessment of a refund

An assessment of the relevant development application consent conditions will be undertaken.
An inspection will be carried out by Council.
If any issues arise, such as:
- non-compliance with relevant development application consent conditions or if
- there is damage that is required to be rectified, a Council officer will contact the applicant.
If there are no issues, and no damage caused to Council’s assets, the refund will be recommended for release, and sent to Council’s finance team for processing.

What happens if there is damage to Council Property?

Council may direct the applicant to rectify damage.
An application may still be required to undertake works under the Roads Act to rectify any damage.
The security deposit may be refunded less the cost of repairs to any damage, (subject to Council’s satisfaction).
Council may also utilise the security deposit to complete unfinished works relating to Council infrastructure that were required as part of the approved development if the applicant fails to do so within a reasonable time frame.

What happens to unclaimed Security Deposits?

Should the security deposit claim not be lodged within 6 years after it would reasonably be expected to be lodged.

Council must send the unclaimed money to NSW Revenue, after having made reasonable attempts to contact the applicant

Who receives the bond?

Bonds will be released to the person who paid the bond to Council (that is, the name that appears on the original receipt/tax invoice).

Requests to amend or add a recipient and details of the refund will not be processed, unless a statutory declaration is provided by the payee of the bond.