To achieve a more efficient development assessment process across NSW local government areas, standard conditions of consent for local and regionally significant development have been released.
Standard conditions of consent are to be used by NSW councils and local, regional and district planning panels when determining a development application under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The standard conditions do not apply to State significant development (SSD), complying development or development on Crown land.
Standard conditions
The standard conditions of consent have been prepared as best practice conditions of consent and apply to multiple types of development. As councils adopt these standard conditions as part of their determinations, builders, developers, certifiers and landowners will benefit from certainty and consistency across local government areas. While not prescribed (or mandatory), these conditions of development consent have been prepared as best practice and consistent with the department’s guide, and councils are strongly encouraged to adopt these conditions of development consent.
The standard conditions will be available to use on the NSW Planning Portal from September 2022.
The Standard conditions of consent – Residential (PDF, 199 KB) (released in May 2021) have been revised to have greater coverage across more types of development, and to be consistent with updated drafting guidance.
These standard conditions have been prepared in consultation with councils, industry and other stakeholders to ensure they are consistent with best practice and appropriate in different development contexts.
Councils and planning panels are encouraged to use the standard conditions in every development consent, as relevant, as examples of best practice to help achieve certainty and consistency for builders, developers, investors and certifiers who work across multiple local government areas. Councils should not prepare their own conditions of consent to address issues if they are already addressed by the standard conditions.
The standard conditions for residential development (PDF, 199 KB) (released in May 2021) have been revised to have greater coverage across more types of development, and to be consistent with updated drafting guidance.
In addition, these conditions can now be applied to different types of work, including building work, demolition work, subdivision work, remediation work, vegetation removal and change of use, where applicable.
The standard conditions cover general matters, as well as matters to be undertaken at the various stages of the development process, including:
- approved plans and supporting documentation
- design amendments
- erosion and sediment control plan
- utilities and services
- dilapidation report
- tree protection measures
- waste management
- works-as-executed plans and any other documentary evidence.
The standard conditions may be revised or added to in time as further work progresses on the standard conditions and how they can be applied to different types of development.
We are working to develop standard conditions for other types of development, including demolition, food and drink premises and mixed-use development. Consultation on draft standard conditions is now underway until 11 November 2022.
Councils and planning panels can prepare bespoke conditions for site-specific issues that are not addressed by the standard conditions.
The standard conditions will sit within the NSW Planning Portal, so councils can digitally insert them into development consents. This will save time and resources.
This enables the relevant standard conditions to apply to the type of development as required. For example, a condition requiring waste management to be undertaken in accordance with the approved waste management plan can be generated to apply to development that involves building work, subdivision work, demolition work or vegetation removal, at the “while site work is being carried out” stage of development, as appropriate.
Councils can upload their own bespoke conditions to address site specific issues and planning matters not addressed by the standard conditions.
Have your say on draft standard conditions for other types of development
Draft standard conditions – mixed use, change of use, food and drink premises, demolition and biodiversity credits (PDF, 410 KB) are now available for councils and stakeholders to review and comment on until 11 November 2022.
All feedback can be provided to the Standard Conditions team via email at [email protected]
Once we have considered any comments, we will add these new conditions to the NSW Planning Portal.
For more information, email [email protected]