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NSW Department of Planning, Industry and Environment
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A more effective and efficient planning system can retain and attract new investment and support the construction sector and investment in new housing. This is a critical part of the NSW Government’s response to keeping people in jobs and ensuring the economy moves towards recovery.

 

We are working with our stakeholders to create a simpler to navigate planning system, reduce assessment times, and make it easier to invest in NSW.

 

Standard conditions

The introduction of standard conditions of development consent is an initiative under the NSW Planning Reform Action Plan. Standard conditions of consent for local and regionally significant development will help speed up approval timeframes, provide greater consistency and certainty, make development consents easier to navigate, and free up councils to focus on more complex aspects of development assessment and compliance.

 

The standard conditions are being prepared in consultation with councils, industry and other stakeholders to ensure they are consistent with best practice and appropriate in different development contexts.

 

The following types of standard conditions are proposed:
  • Mandatory conditions: new prescribed conditions that must be imposed on development consents for specified types of development or in certain circumstances.
  • Model conditions: optional best-practice conditions that consent authorities can adopt for certain types of development.

 

In addition, consent authorities will be able to continue to impose bespoke conditions of consent for site-specific issues.

 

A standardised format for development consents (notices of determination) is also being developed.

 

What types of development consents will the standard conditions apply to?

The standard conditions will initially apply to residential buildings, including houses, multi dwelling housing, apartment buildings and shop top housing. These conditions are now available for consent authorities to use.

 

Download the residential conditions of consent

 

The department is currently working to develop standard conditions for other types of development, including demolition, contaminated land, food and drink premises, mixed use development, engineering and minor land subdivisions.

 

Consultation with stakeholders

The department has undertaken an extensive consultation program, including a webinar, survey, workshops and council testing program.

 

Strong support from participants for the introduction of standard conditions of consent and feedback received during the consultation program has been used to inform the suite of standard conditions for residential development and identify the other types of development that are suitable for standard conditions.

 

Further consultation is now underway during this next stage of the project.

 

How will the standard conditions be implemented?

The standard conditions will be rolled out on the NSW Planning Portal at the end of July 2021. The residential standard conditions will be available on the Portal first. We will work with Councils on  how to use the standard conditions on the Portal.  
 
The Environmental Planning and Assessment Regulation 2000 (Regulation) will be amended to prescribe the mandatory conditions. Consent authorities will also be required to prepare development consents (notices of determination) in the standard format. These changes are expected to commence in December 2021. 

 

A new guide for writing conditions of consent

A Guide to writing conditions of consent has been developed to assist consent authorities in preparing conditions of development consent.

 

The guide will simplify development consents and improve consistency across the state by:

  • providing guidance to consent authorities in preparing appropriate, well-structured and enforceable conditions and development consents
  • highlighting key issues that arise with conditions and solutions that will make conditions easier to understand
  • helping others who interact with the planning system – from builders and developers to home renovators – to understand more about conditions of consent.

 

Download the guide

 

More information

To learn more, you can:

Page last updated: 01/07/2021