To be approved under the Part 4 system, a development must be permitted with consent in the relevant land-use zone and will be assessed against local and State planning controls.
Local development
Most development proposals in NSW require lodgement of a development application with the local council. Dependent on council policy, the council will publicly exhibit the application, and then make a decision on it. More information should be available on your
local council website.
Some local development may not require a development application and can proceed through a fast-tracked complying development process, if the development type is covered in the local council or the NSW Government's codes. More information is available on the NSW Government's
housing or
commerical and industrial codes. This avoids the need to submit a development application. Complying development for instance often includes home extensions, new homes or shop fitouts.
Complying development is meant to be determined within ten days by an accredited certifier. Certifiers are accredited and overseen by the
Building Professionals Board.
Regional development
Regional development includes:
- Development with a capital investment value (CIV) over $20 million
- Development with a CIV over $5 million which is council related, lodged by or on behalf of the Crown (State of NSW), private infrastructure and community facilities or eco-tourist facilities.
- Extractive industries, waste facilities and marinas that are designated development
- Certain coastal subdivisions
- Development with a CIV between $10 million and $20 million which are referred to the regional panel by the applicant after 120 days, and
- Crown DAs (with a CIV under $5 million) referred to the regional panel by the applicant or local council after 70 days from lodgement as undetermined, including where recommended conditions are in dispute.
It should be noted that development that meets the specific capital investment value (CIV) or other criteria to be State significant development is excluded as being regional development. For example, manufacturing industries, hospitals and education establishments with a CIV over $30 million are considered State significant. Other exclusions apply.
Regional development does not apply in the City of Sydney Council area.
Matters determined by the Minister for Planning
The Minister for Planning and Infrastructure (or delegate) is the determining authority for a limited number of development applications lodged with the Department of Planning and Infrastructure under the Part 4 system.
This includes development applications in the alpine resorts area and major advertising signs in transport corridors.
Integrated development
Some proposals not only require development consent from the council or the Minister but also a permit or licence from a NSW Government agency. In these cases, the council or the Department will refer the application to the necessary agency so that there is an integrated assessment of the proposal.
Designated development
Development classed as 'designated' requires particular scrutiny because of its nature or potential environmental impacts. Designated development includes development that has a high potential to have adverse impacts because of their scale or nature or because of their location near sensitive environmental areas, such as wetlands. These 'designated developments' are listed in Schedule 3 of the
Environmental Planning and Assessment Regulation 2000 or in planning instruments such as
SEPP 14 - Coastal Wetlands (1985). View list.
For designated development:
- applicants need to submit an environmental impact statement (EIS) with the development application. The EIS will provide a comprehensive assessment of the impacts of your proposal. Prior to preparing an EIS, applicants must consult with the Director-General of the Department of Planning and, in completing the EIS, must have regard to the Director-General's requirements in relation to the form, content and public availability of the EIS. The following form can be used to undertake this consultation:
Form A - Request for Director-General's Requirements for the preparation of an Environmental Impact Statement.
- the application will be advertised for 30 days so that the public can comment
- if someone objects to the proposal, in writing, and the application is approved, that person can appeal against the decision to the Land and Environment Court.