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Planning

Current planning system circulars

Planning system circulars provide non-statutory advice on NSW Government principles, procedures and practices to assist in implementing relevant planning laws and policies. Keeping circulars up to date ensures guidance remains current and best practice.

This page lists current planning system circulars in order by date.

Older circulars that are no longer current can be found on our historical archive page.

Planning circular Description Date issued and planning principle
PS 22-004: Application requirements (PDF, 120 KB) This circular advises councils, applicants and practitioners of updated requirements for development applications, complying development certificate applications and State significant development applications made under the Environmental Planning and Assessment Act 1979. 1 March 2022
Planning systems
PS 22-003: Independent reviews of plan making decisions (PDF, 114 KB) This circular replaces Planning Circular PS 18-012 and provides updates and advice in relation to changes to the Environmental Planning and Assessment Act 1979 (the EP&A Act). 26 January 2022
Planning systems
PS 22-002: Delegation of plan making decisions (PDF, 109 KB) This circular replaces Planning Circular PS 21-004 and updates councils and the public about delegations of plan making functions under Part 3 of the Environmental Planning and Assessment Act 1979 for the Rezoning Review process. 26 January 2022
Planning systems
PS 22-001: Independent review of planning proposals for identified Aboriginal land (PDF, 101 KB) This circular replaces Planning Circular PS 21-032. The purpose of this circular is to advise councils and the public about the independent review process for plan-making decisions under Part 3 of the Environmental Planning and Assessment Act 1979 for land identified in the State Environmental Planning Policy (Aboriginal Land) 2019. 26 January 2022
Planning systems
PS 21-038: Regulating expansion of schools (PDF, 500 KB) Making decisions under Part 3 of the Environmental Planning and Assessment Act 1979 for land identified in the 2 December 2021
Transport and Infrastructure
PS 21-037: Guidance for centre-based child care facilities (PDF, 197 KB) State Environmental Planning Policy (Aboriginal Land) 2019. 2 December 2021
Transport and Infrastructure
PS 21-036: Exempt and Complying Development Codes: asbestos material (PDF, 319 KB) This circular informs councils, accredited certifiers and the community about standards and requirements for anyone that removes or demolishes asbestos material for new building construction, or the alteration or an addition to existing buildings as complying or exempt development. 2 December 2021
Resilience and Hazards
PS 21-035: Planning Certificates: loose-fill asbestos material (PDF, 285 KB) This circular provides councils with guidance on section 10.7 planning certificate notations relating to loose-fill asbestos ceiling insulation in residential dwellings. 2 December 2021
Resilience and Hazards
PS 21-034: Planning Certificates: contaminated land (PDF, 225 KB) This circular provides guidance on information required to be included in planning certificates issued under section 10.7 of the Environmental Planning and Assessment Act 1979 and the Contaminated Land Management Act 1997 in relation to contaminated land. 2 December 2021
Resilience and Hazards
PS 21-033: Planning Certificates: Coastal Hazards (PDF, 265 KB) This circular provides guidance on the disclosure of coastal hazards on planning certificates issued under section 10.7 of the Environmental Planning and Assessment Act 1979 (EP&A Act). 2 December 2021
Resilience and Hazards
PS 21-031: Planning and assessment guidelines for hazardous industry (PDF, 227 KB) Informs councils and developers of their obligations under State Environmental Planning Policy No. 33 to consider potential hazards when determining development applications. 2 December 2021
Resilience and Hazards
PS 21-030: Planning certificates: biodiversity and native vegetation (PDF, 227 KB) This circular provides guidance on information required to be included in planning certificates issued under section 10.7 of the EP&A Act in relation to biodiversity and native vegetation. 2 December 2021
Planning systems
PS 21-029: Development adjacent to land in a pipeline corridor (PDF, 234 KB) This circular advises on the mandatory notification and assessment requirements for development near pipelines under clause 66C of State Environmental Planning Policy (Infrastructure) 2007. 2 December 2021
Resilience and Hazards
PS 21-028: Amendments to Retail Land Use Definitions (PDF, 333 KB) This circular is to advise local councils and other relevant planning authorities, community, industry and practitioners of a number of retail land use definitions that were introduced in 2018 to the Standard Instrument (Local Environmental Plans) Order 2006 (and certain other environmental planning instruments). 2 December 2021
Planning systems
PS 21-027: Low Rise Housing Diversity Design Guide for Development Applications (PDF, 141 KB) This circular provides guidance on how and where the Low Rise Housing Diversity Design Guide for Development Applications applies. 2 December 2021
Planning systems
PS 21-026: Planning and designing for better places: respecting and enhancing local character (PDF, 221 KB) This circular provides guidance about the tools available to them to incorporate consideration of local character into strategic planning and detailed planning for places. 2 December 2021
PS 21-025: Conditions of consent for fibre-ready facilities and telecommunications infrastructure (PDF, 240 KB) The purpose of this circular is to advise consent authorities that all development consents (unless exempted) should include conditions to ensure that modern telecommunications infrastructure is provided in respect of all premises to be constructed in developments. 2 December 2021
Transport and Infrastructure
PS 21-024: Amendment to provisions for concept (formerly ‘staged’) development applications (PDF, 237 KB) This circular provides advice on concept development applications (formerly known as staged development applications). 2 December 2021
Planning systems
PS 21-023: State Environmental Planning Policy (Three Ports) 2013 – Planning provisions for Port Botany, Port Kembla and Port of Newcastle (PDF, 323 KB) This circular is to provide an overview of the key provisions of the State Environmental Planning Policy (Three Ports) 2013. 2 December 2021
Transport and Infrastructure
PS 21-022: Calculating the genuine estimated cost of development (PDF, 339 KB) This circular provides advice on calculating the cost of development for the purpose of determining development application fees. 2 December 2021
Planning systems
PS 21-021: Caravan parks and camping grounds (PDF, 280 KB) The purpose of this circular is to provide information on the approval requirements for camping (e.g. in caravans, campervans, motorhomes or tents) on council or other land. 2 December 2021
Housing
PS 21-020: Calculation of capital investment value (PDF, 170 KB) This circular provides advice on the calculation of ‘capital investment value’ under the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) and certain State Environmental Planning Policies. 2 December 2021
Planning systems
PS 21-019: Landowner’s consent and notification requirements – Local Aboriginal Land Councils (PDF, 220 KB) This circular advises planning authorities of the requirements for landowner’s consent and notification for development applications where the subject land is owned by a Local Aboriginal Land Council. 2 December 2021
Planning systems
PS 21-018: Development near rail corridors and busy roads – interim guideline (PDF, 291 KB) The purpose of this circular is to advise on the Development near rail corridors and busy roads – interim guideline. 2 December 2021
Transport and Infrastructure
PS 21-017: State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (PDF, 160 KB) This circular is to provide advice on the policy to regulate mining, petroleum production and extractive industries in NSW. 2 December 2021 Resources
PS 21-016: Approval to install relocatable and flat-pack homes outside a caravan park or manufactured home estate (PDF, 280 KB) The purpose of this circular is to clarify the approval requirements for the installation of two common types of transportable home on land that is not part of a caravan park or manufactured home estate. It also clarifies which types of transportable homes require a BASIX Certificate and which do not. 2 December 2021
Housing
PS 21-015: Performance monitoring of the planning system (PDF, 153 KB) This circular advises of the system of data collection on planning and development matters to enable performance monitoring of the planning system. 2 December 2021
Planning systems
PS 21-014: Minor amendments to local environmental plans using section 3.22 (PDF, 185 KB) This circular provides guidance on the process for making minor amendments to local environmental plans in accordance with section 3.22 of the Environmental Planning and Assessment Act 1979. 2 December 2021
Planning systems
PS 21-013: Transitional arrangements for development control plans (PDF, 162 KB) This circular is to advise of the transitional provisions applying to development control plans (DCPs) in relation to the adoption of a Standard Instrument local environmental plan, and to confirm previous advice on the one DCP per planning authority per site rule. 2 December 2021
Planning systems
PS 21-012: Standard Instrument (Local Environmental Plans) Order 2006 (PDF, 179 KB) This circular is to advise of the transitional provisions applying to development control plans (DCPs) in relation to the adoption of a Standard Instrument local environmental plan. 2 December 2021
Planning systems
PS 21-011: Requirements for councils to provide certain planning documents and data via the NSW Planning Portal (PDF, 169 KB) This circular outlines the requirements and procedures for councils to submit certain planning documents and data via the NSW Planning Portal. 2 December 2021
Planning systems
PS 21-010 Development on bush fire prone land (PDF, 247 KB) This circular outlines the planning considerations that apply to development on bush fire prone land, including application to planning proposals, development applications and complying development. 2 December 2021
Resilience and Hazards
PS 21-009: Planning for coastal hazards (PDF, 252 KB) This circular provides guidance on assessment of coastal hazards under the State Environmental Planning Policy (Coastal Management) 2018 and Coastal Management Act 2016. 2 December 2021
Resilience and Hazards
PS 21-008: How to characterise development (PDF, 260 KB) This circular provides guidance in characterising development for the purpose of determining permissibility. 2 December 2021
Planning systems
PS 21-007: Consolidation of state environmental planning policies (PDF, 218 KB) This circular advises councils, applicants, practitioners, and other stakeholders of changes made to 45 State environmental planning policies (SEPPs) and deemed SEPPs. These SEPPs have been consolidated into 11 new thematic SEPPs. The new thematic SEPPs commence on 1 March 2022. 2 December 2021
Planning systems
PS 21-006: Considering flooding in land use planning: guidance and statutory requirements (PDF, 139 KB) This circular replaces Planning Circular PS 07-003 and provides information on how to consider flooding in land use planning. This circular also discusses changes to requirements for planning certificates issued under section 10.7 of the Environmental Planning and Assessment Act 1979 and local planning direction 4.3 on flooding, which affects planning proposals. 14 July 2021
PS 21-005: Changes to State significant development and State significant infrastructure (PDF, 106 KB) This circular advises councils, agencies, industry and the community of the commencement of the Environmental Planning and Assessment Amendment (Major Projects) Regulation 2021 and related policies and guidelines. 1 July 2021
PS 21-003: Increasing section 7.12 levies (PDF, 153 KB) This circular is to advise councils of the replacement of the Development Contributions Plans – Section 94A Practice Note with the Section 7.12 Fixed Development Consent Levies – Practice Note and details the updates. 12 February 2021
PS 21-002: Reporting and accounting requirements for infrastructure contributions (PDF, 155 KB) This circular provides guidance on amendments to the Environmental Planning and Assessment Regulation 2000 which improves reporting, accounting and publication requirements for infrastructure contributions. The circular also clarifies exhibition requirements for section 7.11 IPART-reviewed contributions plans. 12 February 2021
PS 21-001: Improving planning agreements (PDF, 147 KB) This circular is to advise planning authorities that the department has prepared a new practice note on planning agreements, which clarifies key principles and provides additional guidance on their use. 12 February 2021
PS 20-003: Payment of infrastructure contributions or levies prior to the issuing of an occupation certificate (PDF, 215 KB) This circular provides guidance on a new requirement to obtain a document from the local council or, where relevant, the Department of Planning, Industry and Environment, confirming that all relevant contributions or levies have been paid. This document is required before a certifier can issue an occupation certificate under certain circumstances. 3 July 2020
PS 20-002: Variations to development standards (PDF, 238 KB) This circular is to advise consent authorities of arrangements for when the Secretary’s concurrence to vary development standards may be assumed and clarify requirements around reporting and record keeping where that concurrence has been assumed. This circular replaces PS 18-003 and PS 19-005. 5 May 2020
PS 19-002: Contributions Plans for Growth Areas (PDF, 140 KB) This circular is to advise consent authorities must not determine development applications on land that is subject to a precinct plan under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) unless there is a section 7.11 contributions plan under section 7.18 of the Environmental Planning and Assessment Act 1979 (the Act) in effect. 25 January 2019
PS 19-001: Amendments to Local Infrastructure Contributions Practice Note (PDF, 112 KB) This circular is to advise councils of amendments to Local Infrastructure Contributions Practice Note to clarify when a development contributions plan may be adopted by a council. 21 January 2019
PS 18-009: State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 - Site Compatibility Certificates (PDF, 757 KB) This circular provides advice about the use of site compatibility certificates under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 for community members, developers and local councils on the SCC application, assessment and subsequent development application processes. 2 October 2018
PS 18-002: Assessment of Local Infrastructure Contributions Plans by the Independent Pricing and Regulatory Tribunal (IPART) (PDF, 237 KB) Assessment of Local Infrastructure Contributions Plans by the Independent Pricing and Regulatory Tribunal (IPART). The purpose of this circular is to assist councils understand IPART's role in the assessment of contributions plans as a result of changes to local infrastructure contributions and Local Infrastructure Growth Scheme arrangements. 29 January 2018
PS 17-001: Using the Apartment Design Guide (PDF, 430 KB) This circular provides guidance on the application of the Apartment Design Guide (ADG) in the development assessment process under State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65). 29 June 2017
PS 15-002: Design quality of residential apartment development - SEPP 65 (PDF, 82 KB) Design Quality of Residential Apartment Development – SEPP 65. 19 June 2015
PS 11-007: Voluntary Planning Agreements and Development Control Plans (PDF, 71 KB) Voluntary Planning Agreements and Development Control Plans. 18 February 2011
PS 11-004: Special Infrastructure Contribution - Western Sydney Growth Areas (PDF, 64 KB) Special Infrastructure Contribution – Western Sydney Growth Areas. Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Determination 2011. Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Direction 2011. 7 February 2011
PS 11-001: Amendments to s149 planning certificates related to coastal matters (PDF, 77 KB) Amendments to s149 planning certificates related to coastal matters. 24 January 2011
PS 10-014: Local Development Contributions (PDF, 723 KB) Local Development Contributions. 4 June 2010
PS 07-001 Consideration of draft SEPPs under section 79C of the EP&A Act (section 4.15 of the current Act) (PDF, 40 KB) This circular is to advise consent authorities that certain draft State environmental planning policies are no longer required to be taken into consideration when determining development applications. 11 January 2007
PS 06-020: Changes to the application of section 94A of the EP&A Act – ministerial direction (PDF, 42 KB) This circular is to advise councils and the planning and development industry of recent changes affecting section 94A of the Environmental Planning and Assessment Act 1979 (section 7.12 of the current Act). 6 December 2006
PS 06-011: Changes to the public notice requirements for planning agreements (PDF, 50 KB) This circular provides advice on a change to the requirements for public notification of proposed planning agreements under the Environmental Planning and Assessment Regulation 2000. 18 April 2006
Circular No. D6 (PDF, 11 MB) This circular is currently in effect and replaces the previous Circular No.D6 which was issued by the Department of Planning on 28 April 1993. It suggests procedures for Crown agencies and consent authorities prior to lodging DAs, provides policy advice on conditions of consent for appropriate Crown DAs, notes the availability of the provisions of sections 91(3A), 91(3B), 91AA and 91AB (sections 4.46, and 4.47 of the current Act) and advises on the policy on inappropriate conditions of consent. 21 September 1995