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State Significant Development

State Significant Development (SSD)

Some types of development are deemed to have State significance due to the size, economic value or potential impacts that a development may have. 

 

Development that is State significant development (SSD) is identified in the State and Regional Development SEPP.

 

Types of State significant development

The Government has identified certain types of development that are SSD, for example:

  • new educational establishments, hospitals and correctional centres
  • chemical and other manufacturing
  • mining and extraction operations
  • tourist and recreation facilities
  • some port facilities
  • waste management facilities
  • energy generating facilities.

 

A proposal for any of the identified development types is SSD if it:

  • is over a certain size
  • is located in a sensitive environmental area
  • will exceed a specific capital investment

 

In addition, some development on identified sites can also be SSD. Identified sites include Sydney Olympic Park, Darling Harbour, the Bays Precinct and Barangaroo.

 

The full list of SSD development types and identified sites can be viewed in Schedules 1 and 2 of the State and Regional Development SEPP.

 

The Minister for Planning may also ‘call in’ development proposals if a proposal is considered to be of State significance. To find out more about the Ministerial ‘call in’ process, view the Policy Statement and Guideline prepared by the Department. 

All SSD applications are listed on the Department’s major projects website. The application and all supporting information are available to view online. The website's tracking system identifies what stage a project is up to in the assessment process.

 

The Department’s assessment report and the application determination (including conditions of consent or reasons for refusal) are also made available to view on that major projects website.

 

How to lodge a State Significant Development Application

Once you have determined that your proposal is SSD, you can lodge your application online at the major projects website.

The Independent Planning Commssion (the Commission) is the consent authority for SSD applications:

  • that are not supported by relevant council(s), or
  • where the Department has received more than 25 public objections, or
  • that has been made by a person who has disclosed a reportable political donation in connection with the development application

To find out more about applications referred to or determined by the Commission, visit the Independent Commission's website.

The Minister for Planning is the consent authority for all other SSD applications. The Minister has delegated his power to make a number of decisions to senior officers of the Department of Planning & Environment. For more information about delegations please visit the Delegated Decisions page.

All applications for SSD are publicly exhibited for a minimum 28 days (longer if the exhibition overlaps with the Christmas/New Year period between 20 December and 10 January (inclusive)).

During the public exhibition period for SSD applications, the Department will:

  • notify surrounding residents in writing (council is consulted on the notification area, which will vary depending on the scope of the proposal) unless the application is public notification development including mining and petroleum (oil and gas) SSD applications
  • place an advertisement in a State wide and local newspaper
  • place electronic copies of the application and all supporting information on the Department’s major projects website

You can make an online submission about an SSD application during the public exhibition period via the relevant application page on the Department’s major projects website.

 

You can also send any written submission to the Department by post or email.

 

You can also view the state significant applications currently on public exhibition.

SSD applications are assessed by the Department of Planning and Environment. The Department considers the following when assessing SSD applications:

  • existing strategic plans and policies (including State, regional and local)
  • feedback and comments from the relevant local council(s)
  • specialised and technical input and advice received from Federal and State Government agencies
  • public submissions received during the exhibition
  • the public interest

 

The Department’s assessment and recommendation are set out in the Department's Environmental Assessment Report. The recommendation (including either conditions of consent or reasons for refusal) is referred to the Minister, or his delegate for determination.


Examples of Government Agencies Consulted by the Department

  • Environment Protection Authority
  • Office of Environment and Heritage
  • Department of Primary Industries
  • Roads and Maritime Services
  • Transport NSW
  • Department of Education and Communities
  • NSW Health.

An applicant can apply to the Minister for Planning to modify an SSD approval. Requests must be lodged with the Department of Planning and Environment for assessment. The modification request will be appropriately notified / exhibited depending on the scale of the proposed modification and the potential for environmental or social impacts.

Applicant Appeal Rights

An applicant can lodge an appeal against a determination with the NSW Land and Environment Court within 6 months of the decision (or within 6 months of lodgement of a modification application).

 

Objectors Appeal Rights

Objectors can only lodge an appeal against the merits of an SSD determination when the development would otherwise have been designated development. The appeal must be made within 28 days of the notification of the decision.

 

Judicial Review

Anyone can appeal the legal validity of a decision if they consider that there has been a breach of the Environmental Planning and Assessment Act 1979 in determining the application. The appeal must be made within 3 months of the decision being notified.

 

Further information can be found in the Development Assessment Appeal Rights Fact Sheet.

 

The Department has prepared indicative standard administrative and reporting conditions for State significant development (SSD). 

 

The conditions will assist applicants, the community and other stakeholders, councils and government agencies understand the types of administrative and reporting conditions that are likely to apply to State significant development (SSD).

The final conditions of consent applied to each project may differ because the Department will respond to the findings of the environmental impact statement.  Some conditions may not be applied, may be partially applied, or may be modified. 

 

For example, the Department will decide whether a Community Consultative Committee (CCC) should be established in accordance with the Department’s CCC Guidelines. 

Additional conditions will be added to respond to specific social and environmental issues.  

The Indicative Standard Conditions for SSD will replace the ‘standard and model conditions’ that were previously available on the Department’s website. 

 

Please see the following links to indicative standard conditions relevant to each sector:

The Department will regularly review these conditions.

 

 

More information  

Contact us on 1300 305 695   

Email us via our Contact form.

If you are deaf or have a hearing or speech impairment, call us through the National Relay Service:

  • TTY users, call 133 677 and ask for 1300 305 695
  • Speak and Listen (speech to speech relay users), call 1300 555 727 and ask for 1300 305 695
  • Internet relay users, connect to the NRS (relayservice.com.au) and ask for 1300 305 695

Translating and interpreting service:

Please telephone 131 450 and ask for an interpreter in your language to connect you to 1300 305 695.

Other development assessment systems

Page last updated: 06/09/2018

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