Lodging a development application in the Alpine region

Exempt development is minor development with minimal impact on the site and surrounding alpine locality. It does not require any consent or approval if it meets relevant standards. Schedule 2 of the Precincts Regional SEPP lists developments that may be undertaken as exempt development provided the pre-requirements of section 4.11, section 4.12 and Schedule 2 are met.

Complying development is a fast-tracked and cost-effective approval process for routine development that meets specified, predetermined development standards. Schedule 3 of the Precincts Regional SEPP lists developments that may be undertaken as complying development provided the pre-requirements of section 4.11, section 4.13 and Schedule 3 can be met. If the pre-requirements cannot be met, a development application would be required.   

In the Alpine Region, accredited certifiers grant complying development certificates and can advise what standards would apply to your development.

Most types of development in the resort areas are local development and require a development application (DA) for approval. These include:   

• new buildings including tourist and visitor accommodation 
• alterations and additions to existing buildings  
• lifting facilities including chair lifts and T-bars 
• recreation infrastructure and facilities including mountain bike trails and walking tracks
• infrastructure facilities such as access roads
• snow-making infrastructure 
• demolition of buildings  
• subdivision of land  
• generally, changes in use of existing buildings or premises  
• signage 
• earthworks, clearing and filling.

You will need to consider relevant information to your project: 

• Snowy Mountains Special Activation Precinct Master Plan
• Precincts Regional SEPP
• Kosciuszko National Park Plan of Management (KNP POM)
• Alpine Region Development Control Plan
• Alpine Geotechnical Policy
• the Department's Community Participation Plan (PDF, 1.9 MB)
• site location, features, constraints, hazards and risks
• lease arrangements and lease conditions for the site
• conditions of consent for previous planning approvals on the site 

Speak to the Alpine Resorts Team for guidance on relevant policies, guidelines, building codes and regulations to your project and support. 

The Alpine Resorts Team is available to assist with any planning or building questions about your development proposal.

Contact the team for information to support your application requirements or to arrange a pre-lodgement meeting and discuss your proposal. The purpose of this meeting is to:  

• discuss your preliminary ideas
• identify issues and information requirements for assessment
• avoid costly and time-consuming design changes that may be needed for approval
• understand the timeframes for the Department's assessment process
• offer advice on the plans, drawings and other documents you will need to submit. 

The Alpine Region is operated by private organisations under a system of leases granted by the Minister for the Environment under the NSW National Parks and Wildlife Act 1974 (NPW Act). The National Parks and Wildlife Service (NPWS) administers and approves all leases in the Kosciuszko National Park. To carry out a development you may need a new lease, or approval to vary an existing lease from the NPWS. 

Under the NPW Act, the NPWS are required to publicly advertise where: 

• a proposed development requires an alteration to a lease boundary – to realign a portion of land
• an application for a new lease is being considered. 

The Kosciuszko National Park Plan of Management guides the management of the park, including the Alpine Region. The responsibilities of the NPWS that overlap with the Department’s DA process include: 

• administration and compliance of the leases and strategic policy development
• providing municipal services for the Perisher Range Resorts
• implementing compliance requirements for plumbing and drainage work in all resorts under the Plumbing and Drainage Act 2011 Plumbing Code of Australia and Australian Standard AS/NZS 3500
• ensuring high standards of public health, including food handling, drinking water and the management of pools and spas
• implementing environmental management systems and administering the Perisher Range Resorts Environmental Management System (PRREMS)
• monitoring environmental impacts on threatened species, endangered ecological communities and alpine streams
• contaminated land management
• reducing impacts by ensuring weed and pest animal control, rigorous development assessment and rehabilitation of disturbed areas. 

The NPWS carries out a range of activities to ensure the health and safety of visitors and service providers in the Alpine region including: 

• regulating food safety
• monitoring drinking water quality
• controlling disease carriers (e.g. Legionella)
• regulating swimming pool and spa quality
• ensuring suitable accommodation conditions
• working with other organisations to ensure health and safety at events and large gatherings
• approving modifications and new work at commercial kitchens and public swimming pools and spas
• educating business owners about food safety and swimming pool and spa hygiene. 

All food businesses within Kosciuszko National Park must follow relevant food safety standards required by the Food Act 2003. 

Under section 4.27 of the Precincts Regional SEPP, the Department will generally consult the NPWS during DA assessment. The onus is on the applicant to ensure that the development is authorised under the NPW Act and is consistent with the park’s Plan of Management.

While officers of the Department and the NPWS work together in the DA process, you should resolve leasing arrangements and any other relevant matters with the NPWS before submitting a DA on the NSW Planning Portal.

Your proposal may require approvals (e.g. integrated development, permits, licences, authorisations) from other State agencies. We can offer advice on which agencies to talk to, however it is your responsibility to carefully assess your proposal and understand what approvals are required before lodging your DA. 

Agencies that you may require approval from include: 

• NSW Rural Fire Service
• NSW Environmental Protection Authority
• Transport for NSW
• Department of Climate Change, Energy, the Environment and Water (DCCEEW) - Water
• Department of Primary Industries and Regional Development – Fisheries 

In addition to NSW legislation, you must also ensure your proposal addresses Commonwealth legislation, such as the:   

• Environment Protection and Biodiversity Conservation Act 1999
• Disability Discrimination Act 1992  

Certain development applications require approval from a NSW Government agency (also called an approval body) before a determination can be made by the consent authority. This is called integrated development. The Department will refer your development application to the necessary approval bodies so that there is an integrated assessment of the proposal. General terms of approval must be obtained before consent can be granted.  

See section 4.46 of the EP&A Act for approval bodies that may be relevant to your project and visit the Agency directory for contact details. 

Addressing planning and design issues at an early stage will:

• improve the development by ensuring that all relevant environmental issues are considered throughout the process
• save you time, effort and money by reducing the need to change or modify your proposal to solve issues
• help you prepare a statement of environmental effects, which must be submitted with your DA.

Before you prepare your application, carefully consider the site and planning issues that will affect your proposal. Use the following checklists as a key to good development outcomes.

Design and layout

• Efficient layout: specific requirements for each proposed activity on the site.
• Environmentally responsible development: the environmental impact of the proposal and the need to ensure development meets the goals of sustainability locally, regionally and globally.
• Compatibility with adjoining development: overshadowing, noise, odours, privacy, views, architectural design, staging, vehicle and pedestrian access and other relevant details.
• Built form and design that promotes year-round tourism: orientation, sunlight and solar access, climatic conditions, access for people with disabilities, occupational health and safety, and use of the natural features of the site to enhance the environment.
• Positive public interface: the opportunity for aesthetic and creative design, landscaping, compatible scale and character, streetscape visual impacts, positive re-enforcement.
• Adaptability: whether the proposal can be modified to suit change in the future.

Site features and infrastructure

To understand and take full advantage of your site, consider the following:

• Site features: Slope, Aspect , Solar orientation, Overshadowing, Wind loading, Snow loading, Snow deposition, Climatic conditions, Existing trees and vegetation, Local fauna, Sensitive environments, Biodiversity, Aboriginal Cultural Heritage, Soil conditions and stability, Watercourses and riparian corridors.
• Impacts: Flooding, Bushfire, Geotechnical, Soil contamination, Drainage, Views and scenic, Impact, Traffic and parking, Fire safety.
• Character: Heritage significance, Scale and character, Relationship to adjoining development
• Infrastructure: Lease boundaries, Utility and waste services, Fire safety, Access – summer and winter, Traffic conditions, Noise sources, Ability to change, Flexible design and possible adaptive reuse.

The type of information that accompanies a DA will vary depending on your proposal and site.

The Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) prescribes mandatory documents (PDF, 233 KB) that should accompany applications for development. To avoid delays and potential additional costs, it is your responsibility to provide all necessary information in your DA for the Department to make a decision.

Other plans and documents may be needed to assess your application and make a strong, fair and timely decision. The Alpine development document matrix (PDF, 607 KB) has guidance on documents that might be required for DAs for different types of development (e.g. external alterations to existing building).

You need to submit your DA on the NSW Planning Portal.

How to apply online

Log in or register a NSW Planning Portal account and complete the online application form.

You will need to submit all applicable plans and documents for your project. The Department will inform you if further documents are needed to support your DA.

After submitting your DA

Once you have submitted your DA, the Department will:

• check all necessary information has been provided. If the DA contains inadequate information, you will be advised what additional documents are required and you will need to resubmit
• prepare a tax invoice. In accordance with section 24(3)(a) of the EP&A Regulation, a DA is lodged on the day on which the fees are paid, including the integrated development fees, or as otherwise amended and advised in accordance with section 38(2)(b) of the EP&A Regulation. 
• refer your DA to other agencies as required
• notify the public of the proposal in accordance with the Department's Community Participation Plan (CPP) and legislative requirements. Depending on its type and scale, this may involve advertising
• consider agency submissions and public comment received 
• Possibly request additional information on the environmental impacts of your proposal
• finalise the assessment and make a recommendation to the Minister's delegate (usually an officer of the Department within the Alpine Resort's team)
• provide a draft of any conditions of consent for comment before determination (where suitable).
• determine the application, notify you of the outcome, provide reasons for the decision and, where approved, issue the conditions of consent.

Timeframes for assessment

If you have concerns about the outcome of your application or a determination, such as a refusal or imposed condition, you may be able to request a review. If your application remains undetermined after 40 days (or 60 days for integrated or designated developments), further options may be available to you. For more information please visit the review or appeal page, or seek independent professional advice.

The Minister's statement of expectations sets out the average timeframes on which councils are expected to determined DAs. Under this statement, annual average timeframe targets are set and are lowered year on year to reach 85 days from 1 July 2027. In the Alpine Region, the Department has adopted the same average timeframe targets and is committed to achieving them over time.

It is important that applicants respond to requests for information in a timely manner and within agreed timeframes. This will help the Department determine your application quickly, meet timeframe targets and deliver on community expectations.

To check the status of your DA, log in to the NSW Planning Portal or make an enquiry with the Alpine Resorts Team.