Our Rapid assessment framework for state significant development (SSD) and state significant infrastructure (SSI) streamlines the assessment of major projects.
Types of state significant development
State significant development includes:
- new education facilities, hospitals and correctional centres
- chemical industries
- manufacturing facilities
- mining and extraction operations
- tourist and recreation facilities
- some port facilities
- waste management facilities
- energy generating facilities.
A proposal is considered state significant if it:
- is over a certain size
- is in a sensitive environmental area
- will exceed a specific capital investment value.
Development on identified sites can also be considered state significant. Examples include Sydney Olympic Park, Darling Harbour, the Bays Precinct and Barangaroo.
SSD types and sites are listed in schedules 1 and 2 of chapter 2 of State Environmental Planning Policy (Planning Systems) 2021.
The Minister for Planning may also ‘call in’ development proposals if a proposal is considered to be of state significance.
Application fees
We’ve changed the way we charge applicants fees for assessment. All applicants have to pay a fee to have their application assessed by the department. Our practice had been consistent with case law, which allows for application fees to be paid up to the point of determination.
From 1 July 2021, all SSD applications, including modifications, require payment before they can be considered lodged. This provides certainty and consistency to applicants by aligning the timing of payment for development applications.
To minimise delays, it is important to make sure the information you supply to us is complete and correct when an application is submitted. This includes, providing a quantity surveyor’s report, where required, to support the capital investment value cited in the application.
All SSD applications are listed at Major Projects. The application and all supporting information are available to view online. The tracking system identifies what stage a project is up to in the assessment process.
Our assessment report and the application determination (including conditions of consent or reasons for refusal) are also made available at Major Projects.
How to lodge a state significant development application
Once you have determined that your proposal is SSD, you can lodge your application online at Major Projects.
Once you have determined that your proposal is SSD, you can lodge your application online at Major Projects.
The Independent Planning Commission is the consent authority for an SSD application if the applicant is not a public authority (or acting on behalf of one), and at least one of the following applies:
- the local council has made a submission objecting to the application
- the Department has received 50 or more unique public objections in response to the exhibition of the application (petitions and submissions with substantially the same text count as one objection)
- the applicant has made a reportable political donation.
The Minister for Planning is the consent authority for all other SSD applications.
Exceptions to this include:
- The Minister is the consent authority for all development proposals that have been declared SSD by the Minister (commonly referred to as a 'Ministerial call-in'), including proposals recommended for declaration by the Housing Delivery Authority.
- The commission is only the consent authority for residential in-fill affordable housing SSD applications (under section 26A of Schedule 1 of the Planning Systems SEPP), if the applicant has made a reportable political donation.
Both the Minister and the commission have delegated their powers to determine certain SSDs to officers of the Department. To find out more, visit Delegated decisions.
To find out more about applications referred to or determined by the commission, visit the Independent Planning Commission.
All applications for SSD are publicly exhibited for a minimum of 28 days, unless otherwise specified by the Department’s Community participation plan. If the exhibition overlaps with the Christmas/New Year period (between 20 December and 10 January inclusive) a longer exhibition timeframe applies.
During public exhibition, we will:
- notify surrounding residents in writing (the notification area 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 electronic copies of the application and all supporting information at Major Projects.
We may place an advertisement in a state-wide and local newspaper.
For exhibitions commencing on or after 1 April 2024, all submissions for State significant development applications must be made online through the NSW Planning Portal during the exhibition period.
To make a submission:
- visit Major Projects
- log in or create a new user account
- search for the relevant application or find it amongst the applications currently on exhibition
- click on 'make a submission' button.
There are help and resources on the portal including a step-by-step guide on How to make a submission on a State significant application (PDF, 1.2 MB) and answers to frequently asked questions.
For more help, phone Service NSW on 1300 305 695.
If you think you'll need help making a submission using the portal, it's a good idea to contact Service NSW sooner rather than later. Ensure you give yourself plenty of time to make a submission before the project’s exhibition end date.
When we assess SSD applications, we consider:
- 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.
Our assessment and recommendation are set out in our environmental assessment report. The recommendation (including either conditions of consent or reasons for refusal) is referred to the minister or delegate for determination.
An applicant can apply to the Minister for Planning to modify an SSD approval. Requests must be lodged with us 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's appeal rights
An applicant can lodge an appeal against a determination with the NSW Land and Environment Court within 6 months of the decision (for both SSD and SSD modification determinations).
Objector's 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 (please note that objectors do not have the right to appeal any SSD modification determinations).
Judicial review
Anyone can appeal the legal validity of a decision if they consider that there has been a breach of the NSW 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 at State-significant precincts.
Review of decision
Under the NSW Environmental Planning and Assessment Act 1979, an applicant of a SSD project may request a review of decision or determination. The review can be either an internal review by the department, or we can refer the review to the Independent Planning Commission.
Further information can be found in the Review of Decision for SSD and SSD Modifications – Fact sheet (PDF, 267 KB).
The State significant development (SSD) indicative standard conditions are currently under review.
Indicative standard conditions are intended to help applicants, the community and other stakeholders, councils and government agencies understand the types of administrative, reporting and compliance conditions that are likely to apply to SSD applications.
While the indicative standard conditions are under review, applicants and stakeholders may wish to view recently determined SSD conditions of consent to see what likely conditions may be applied for various development types. Use the NSW Planning Portal to view recently determined SSD conditions of consent.
The department has released a Guideline for drafting conditions for State significant projects 2023 (PDF, 824 KB) that outlines the best-practice approach to drafting conditions of consent for SSD applications and conditions of approval.
The Guideline for drafting conditions for State significant projects 2023 (PDF, 824 KB) outlines the department’s best-practice approach to drafting conditions of consent for SSD applications when the department recommends a project for approval.
The guideline provides information for applicants, stakeholders and the community, and sets out:
- the roles and responsibilities that the department, other regulatory agencies and the Independent Planning Commission have when preparing and enforcing conditions.
- the purpose of conditions.
- a framework for drafting effective conditions.
The department is committed to drafting conditions that stakeholders can understand. This guideline aims to make conditions more consistent and give applicants, the community and regulatory agencies greater certainty.