Under the Environmental Planning and Assessment Act 1979 (EP&A Act), some developments are considered state significant because they are important to NSW for economic, environmental or social reasons.
Types of state significant development
A development may be state significant if it meets relevant criteria, for example:
- is over a certain size
- is in an environmentally sensitive area, or
- will exceed the estimated development cost threshold.
State significant development (SSD) includes:
- certain large housing developments
- new education facilities, hospitals and correctional centres
- chemical and manufacturing industries
- data centres
- mining and extraction operations
- tourist and recreation facilities
- some port, airport and rail facilities
- waste management facilities
- energy generating facilities.
Development on certain sites, such as the Sydney Opera House, Darling Harbour and Sydney Olympic Park, can also be considered state significant.
SSD types and sites are listed in Schedule 1 and Schedule 2 of the State Environmental Planning Policy (Planning Systems) 2021. Alternatively, the NSW Minister for Planning can call-in and declare development on specified land to be SSD via a Ministerial planning order. These are published on the NSW Planning Portal.
Other SEPPs (such as Chapter 5 of the Transport and Infrastructure SEPP) also identify SSD.
Assessment of state significant development
All SSD applications are assessed under Division 4.7 of the Environmental Planning and Assessment Act 1979. The Department coordinates the assessment. This includes carrying out relevant administrative functions, coordinating inputs from State and Commonwealth agencies and working closely with councils to ensure local and regional issues are considered.
Community involvement is an important part of the process. All SSD applications are publicly exhibited for at least 28 days (or 14 days for relevant residential applications), as specified by the Department's community participation plan.
Determination of state significant development
SSD applications are determined by the Minister for Planning, the Independent Planning Commission (IPC), or a delegate of either.
When the Independent Planning Commission is the consent authority
The Minister for Planning is the consent authority for any SSD application, unless the IPC is specifically declared to take on that role.
The IPC is generally the consent authority for an SSD application where the applicant is not a public authority (or acting on behalf of one), and one or more of the following applies:
- the local council has lodged an objection
- 50 or more public objections are received during exhibition (petitions and submissions that use the same or substantially the same wording are counted as a single objection)
- the applicant has made a reportable political donation.
The IPC is only the consent authority for the following SSD housing types if the applicant has made a reportable political donation:
- in‑fill affordable housing
- build‑to‑rent housing
- seniors housing
- development in accelerated Transport Oriented Development precincts.
If a proposal is declared SSD by a ministerial call‑in, including those recommended for declaration by the Housing Delivery Authority, the IPC is not the consent authority.
Delegated decisions
In some cases, the Minister or the IPC can allow Department officers to make decisions on certain SSD applications.
Learn more about delegated decisions.
About the Independent Planning Commission
The IPC operates independently of the Minister, the Department and other government agencies. This helps ensure decisions are independent and builds public confidence in the SSD process.
The IPC’s main roles are to:
- determine certain SSD applications
- hold public hearings when the Minister requests them
- provide independent planning advice when asked by the Minister or the Planning Secretary.
For more information, visit the Independent Planning Commission.
State Significant Development Guidelines
The State Significant Development Guidelines explain the SSD process and set clear expectations for environmental assessment documentation.
SSD applicants must consider these guidelines when:
- requesting Secretary Environmental Assessment Requirements
- preparing environmental impact statements
- responding to submissions
- amending an application
- applying to modify SSD consents.
Application fees
All applicants must pay a fee for the Department to assess their application.
All SSD fees, including fees for modification applications, must be paid before an application is considered lodged. This creates certainty and consistency for applicants by standardising when fees are paid.
Submitting a complete and accurate application helps avoid delays. Where required, this includes providing a quantity surveyor’s report to support the estimated development cost stated in the application.
Learn how SSD projects are assessed before a final decision is made.
Information about how an SSD consent can be modified.
Find out what information is required to make an application.
Search for SSD projects.
Frequently asked questions
All SSD applications are listed on Major Projects, where you can view the application, supporting information, track the project’s progress, and access the assessment report and final determination, including any conditions of consent or reasons for refusal.
Once you have established that your proposal is SSD, you can lodge your application online at Major Projects.
All applications for SSD are publicly exhibited for at least 28 days (or 14 days for relevant residential applications), as specified by the Department’s community participation plan. A longer exhibition period applies if the exhibition overlaps with the Christmas/New Year period (between 20 December and 10 January inclusive).
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 for public notification development. This includes mining and petroleum (oil and gas) SSD applications, and SSD applications on land with multiple owners that have been designated as public notification development by the Planning Secretary
- publish the application and supporting information at Major Projects.
All submissions on SSD applications must be made through the NSW Planning Portal during the exhibition period.
To make a submission:
- visit Major Projects
- search for the relevant application or find it amongst the applications currently on exhibition
- click on 'make a submission' button
- log in or create a new user account.
There are resources on the portal to help you 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 the Department’s customer support team on 1300 305 695.
If you think you may need help making a submission through the portal, it’s a good idea to contact customer support early. Make sure you allow enough time to submit before the project’s exhibition end date.
When assessing 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 assessment report. The recommendation (including either conditions of consent or reasons for refusal) is referred to the Minister or delegate for determination. When the IPC is the consent authority, the Department undertakes the assessment of the application but does not determine the project.
An applicant can apply to modify an SSD consent online at Major Projects. Modification applications will be notified or exhibited based 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, except for those lodged under the s4.55(1) pathway).
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.
Review of decision
Under the NSW Environmental Planning and Assessment Act 1979, an applicant for an SSD project may request a review of decision or determination. The review can be conducted internally by the Department, or we can refer the review to the IPC.
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 IPC 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.