Delegated decisions

The Minister for Planning, the Planning Secretary and Independent Planning Commission have delegated their power to make a number of decisions to other bodies and various officers of the Department.

The Department has delegation to make decisions on:

• Certain state significant projects where the Minister is the consent authority, including:
  • a range of state significant development (SSD) housing applications, including projects declared SSD following recommendations by the Housing Delivery Authority, as well as SSD applications within accelerated Transport Oriented Development precincts, build-to-rent housing, in-fill affordable housing, and seniors housing
  • SSD applications for data centres, resource and certain energy projects where there are less than 100 unique public objections
  • battery energy storage systems
  • development on identified sites specified in Schedule 2 of the State Environmental Planning Policy (Planning Systems) 2021
  • other SSD applications, state significant infrastructure applications and other development applications where there are less than 50 unique public objections and the local council has not objected
  • applications to modify state significant development and state significant infrastructure

Note: the Independent Planning Commission is the decision maker where there is a reportable political donation.

• ‘Gateway’ decisions on local environmental plans (LEPs) – usually to decide whether the LEP can proceed to public exhibition
• approvals or refusals of LEPs.

Decisions on state significant development, state significant infrastructure, other development applications and modification applications, are available at Major Projects.

Decisions on LEPs are available from Planning Proposals Online. For all LEPs that have been formalised, visit NSW legislation.

• Instrument of Delegation (IPC) – signed 14 September 2011 (PDF, 96 KB) – Minister for Planning – this instrument delegates certain statutory functions of the Minister under the Environmental Planning and Assessment Act 1979 (EP&A Act) to the Independent Planning Commission (formerly the Planning Assessment Commission).
• Instrument of Delegation (DPHI) – signed 9 March 2022 (PDF, 180 KB) – Minister for Planning – this instrument delegates certain statutory functions of the Minister under the EP&A Act and the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) to the Department of Planning, Housing and Infrastructure (DPHI; formerly the Department of Planning and Environment) staff.
• Instrument of Delegation (DPHI) – signed 11 May 2022 (PDF, 396 KB) – Secretary, Department of Planning, Housing and Infrastructure – this instrument delegates certain statutory functions of the Secretary under the EP&A Act and the EP&A Regulation to DPHI staff.
• Instrument of Delegation (DPHI) – signed 14 June 2022 (PDF, 4.8 MB) – Independent Planning Commission – this instrument delegates specific consent authority functions of the Commission under the EP&A Act and the EP&A Regulation to DPHI staff.
• Instrument of Delegation (City of Sydney) – signed 5 December 2024 (PDF, 208 KB) – Minister for Planning - this instrument delegates certain functions of the Minister under the EP&A Act to the City of Sydney but only in relation ​to SSD for other tourist related development at 694-704 George Street
• Instrument of Delegation (City of Sydney) – signed 8 December 2024 (PDF, 17 KB) – Secretary, Department of Planning, Housing and Infrastructure - this instrument delegates certain functions of the Secretary under the EP&A Act to the City of Sydney but only in relation ​to SSD for other tourist related development at 694-704 George Street.
• Instrument of Delegation (City of Sydney) – signed 15 December 2024 (PDF, 1.9 MB) – Minister for Planning – this instrument delegates certain statutory functions of the Minister for certain SSD under the EP&A Act and the EP&A Regulation to the City of Sydney.
• Instrument of Delegation (City of Sydney) – signed 17 December 2024 (PDF, 216 KB) – Secretary, Department of Planning, Housing and Infrastructure – this instrument delegates the certain statutory functions of the Secretary for certain SSD under the EP&A Act and the EP&A Regulation to the City of Sydney.
• Instrument of Delegation (Housing Delivery Authority) – signed 5 February 2025 (PDF, 384 KB) – Independent Planning Commission – this instrument delegates the Commission's advisory function under 4.36(3) of the EP&A Act to the Housing Delivery Authority.
• Instrument of Delegation (energy, resources, data centre, housing, BESS and identified sites SSD) – signed 18 August 2026 (PDF, 736 KB) – Minister for Planning – this instrument delegates certain statutory functions of the Minister under the EP&A Act to Department staff. This applies to SSD applications for certain energy, resources, data centre, housing, standalone Battery Energy Storage System (BESS) and development on identified sites.
• Instrument of Delegation (City of Sydney) – signed 24 June 2026 (PDF, 198 KB) – Secretary, Department of Planning, Housing and Infrastructure – this instrument delegates certain functions for integrated development to the City of Sydney. Functions are limited to minor works affecting items on the State Heritage Register or the subject of an Interim Heritage Order.
• Notice of assumed concurrence (Sydney Drinking Water Catchment) – signed 10 July 2026 (PDF, 197 KB) – Executive Director, Development Coordination Authority – this notice of assumed concurrence allows councils within the Sydney Drinking Water Catchment to continue assessing the water quality impacts of lower-risk development without needing to obtain the concurrence of the DCA.

• Instrument of Delegation (DPHI) – signed 24 May 2022 (PDF, 735 KB) – Secretary, Department of Planning, Housing and Infrastructure (formerly the Department of Planning and Environment) – this instrument delegates the Secretary’s statutory functions with respect to written undertakings of the Secretary under the EP&A Act to DPHI staff.

• Instrument of Delegation (DPHI) – signed 9 May 2025 (PDF, 187 KB) – Secretary, Department of Planning, Housing and Infrastructure – this instrument delegates certain statutory functions of the Secretary under the:
  • State Environmental Planning Policy (Precincts—Western Parkland City) 2021
  • State Environmental Planning Policy (Precincts—Regional) 2021
  • State Environmental Planning Policy (Transport and Infrastructure) 2021.

• Local environmental plan decision delegations (PDF, 141 KB) from the Minister, dated 17 August 2021.
• Local environmental plan decision delegations (PDF, 1.3 MB) from the Secretary, dated 23 February 2023.
• Local environmental plan decision delegations (PDF, 145 KB) from the Secretary, dated 9 May 2025.

The Minister for Planning has consent authority functions for development in the Sydney Harbour Foreshores and Waterways Area under State Environmental Planning Policy (Biodiversity and Conservation) 2021. These functions are delegated to the relevant council.

Instrument of Delegation – signed 6 March 2026 (PDF, 192 KB) – Minister for Planning – this instrument delegates the Minister's consent authority functions under section 6.25 of State Environmental Planning Policy (Biodiversity and Conservation) 2021 to the council for the local government area (LGA) where the proposed development is located or – if the development is to be carried out on land not within an LGA – to the council of the LGA nearest to the development site.