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How to find out which development assessment process applies

In NSW, the Environmental Planning and Assessment Act is the principal law overseeing the assessment and determination of development proposals. Proposals are considered under different parts of the Act, including:

  • Part 3A, for major projects of regional or State significance which require an approval from the Minister for Planning
  • Part 4, for other proposals which require consent, usually by the local council but by the Minister in limited circumstances.  Under Part 4, minor or routine development may also be complying development approved by accredited certifiers
  • Part 5 for proposals which do not fall under Part 4 or Part 3A. These are often infrastructure proposals approved by local councils or State agencies which are undertaking them.

In addition, minor proposals can be exempt from development approval, while other proposals are prohibited under various planning instruments.

Information about each of the Parts of the Act is available below:

Part 3A

The Minister for Planning determines applications for major infrastructure or other major projects of State or regional environmental planning significance under Part 3A of the Act. This section of the Act, which commenced in August 2005, provides a single assessment process specifically designed for major projects and improved transparency and community consultation.

The State Environmental Planning Policy (Major Projects) 2005 and declarations made under S75B of the Act define which projects come to the Minister.

For further information see the Major Projects section of the Department's website and the Department's publication, the NSW Major Projects Assessment System: A community guide

Part 4

Most development proposals in NSW are considered by local councils or accredited certifiers under Part 4 of the Act. In some limited circumstances, the Minister for Planning is the consent authority for development assessed under Part 4 of the Act.

Local development
For most types of development proposals, a development application (DA) will need to be lodged with the local council. Applicants should check the website and/or office of the local council to obtain an application form and guidance on how to lodge a DA.  Before the DA is lodged, applicants should also check the council to determine if the proposal is permissible on the site and what planning controls may apply. 

Once a DA is lodged, the council will notify the neighbours and may advertise the development application in the local or regional newspapers.  As a result, it is usually beneficial to consult with neighbours and others likely to be affected by the development prior to lodging the DA.  The council will assess the impacts of the proposed development taking into consideration any comments received.  If there is opposition to the proposal, the council may appoint a panel to provide independent advice.  If your application is successful, the council will grant development consent, usually subject to conditions.

Complying development
If what is proposed is common or routine, it may be classified as 'complying development' by a local, regional or State planning instrument. Its impact on the environment must be predictable and minor.

To carry out the development, you can obtain a complying development certificate from an accredited certifier, or the local council.  The Building Professionals Board is responsible for accrediting suitably qualified professionals as accredited certifiers.

If your application is successful, the council or certifier will issue a certificate usually subject to conditions.

Development that requires the Minister for Planning's consent
While most proposals for the Minister's consideration are handled under Part 3A (see above), the Minister continues to be the consent authority under Part 4 of the Act in some limited circumstances.  This includes:

The assessment process under Part 4 when the Minister is the consent authority is the same as when the council is the consent authority.

Additional provisions which may apply when a development requires consent under Part 4

Integrated development
Some proposals not only require development consent from the council or the Minister but also a permit or licence from a State 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.

Concurrence required for development
Certain proposals might not require a licence but still require the agreement of a State agency before development can be carried out. If so, the council or the Department will refer your development application to the relevant State agency for its agreement.

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.
  • 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.

Part 5

Part 5 deals with proposals which do not fall under Part 4 or Part 3A. These are often infrastructure proposals, such as roads, water supply dams and sewage treatment plants, approved by local councils or the State agencies. This sort of development also is known as 'development without consent'.

Development may be classified as 'development without consent' in a local, regional or State planning instrument such as SEPP 4 - Development without Consent and Miscellaneous Exempt and Complying Development(1981).
Although development consent may not be required, the environmental impacts of the proposal might still need to be assessed.  For instance,

  • If the proposal requires an approval (licence, permit or allocation of funding) from a State government agency, CMA or council, that authority will review the proposal to determine its potential environmental impact.  If they decide that it is likely to have a significant environmental impact, an environmental impact statement (EIS) must be prepared, exhibited for comment and assessed before they can consider granting approval.
  • If the proposal does not need development consent or require an approval from a government authority, then ordinarily the activity can proceed without any environmental assessment.  However, if the activity is likely to affect threatened species, an assessment may need to be undertaken under the Threatened Species Conservation Act 1995.

If an activity proposed by a State government authority is likely to have significant environmental impacts, an environmental assessment must be prepared, exhibited for comment and assessed under Part 3A of the Act (see above) and the Minister for Planning will need to determine the proposal.

Exempt development

A proposed development is 'exempt development' if it will have only a minimal impact on the local environment (for example small fences, barbecues and pergolas) and is classified as exempt development in a local, regional or State planning instrument.  Councils may also list exempt development in a development control plan (DCP).  Development consent is not required for exempt development as long as you satisfy the requirements in the planning instrument.

Prohibited development

The council's local plan lists the types of development that are prohibited in each land use zone. If the planning provisions do not allow the kind of development you want to do, you will need to discuss with council whether they would consider changing the zoning on the site to permit the development. If the prohibited zoning provisions are not changed, the local council cannot approve development on the site.

In addition, you may need to check any regional or State environmental plan for any provisions which may prohibit development on the site. For example, State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007  prohibits mining in certain areas. SEPPs and REPs are listed here
Last Updated 27-Jul-2009