EDO NSW Fact Sheet 2.2.1 - Development Applications and Consents: Overview

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The information in this fact sheet was last updated in June 2012.

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2.2 Development applications and consents

2.2.1 Overview

2.2.2 When is a development consent required?

2.2.3 How is a development application made?

2.2.4 Categories of development

2.2.5 Environmental impact assessment

2.2.6 How is a development application considered?

2.2.7 Post-consent provisions

2.2.8 Appeals

2.2.1 Overview

Key to terms used in this Fact Sheet

Act means the Environmental Planning and Assessment Act 1979

Consent authority means the person responsible for deciding whether to grant development consent or not, usually a local council, but sometimes the Planning Minister or thePAC

DA means a development application

DCP means a development control plan

Director-General means the Director-General ofthe Department of Planning and Infrastructure

Environment Minister means the NSW Minister for the Environment and Heritage

EIS means an Environmental Impact Statement

EPA Act means theEnvironmental Planning and Assessment Act 1979

EPI means an environmental planning instrument, which includes LEPs and SEPPs

LECmeans the Land and Environment Court of New South Wales

LEC Act means the Land and Environment Court Act 1979

LEP means a Local Environmental Plan

OEHmeans the NSW Office of Environment and Heritage

PACmeans the Planning Assessment Commission

Planning Minister means the NSW Minister for Planning and Infrastructure

SEPP means a State Environmental Planning Policy

SSDmeans State significant development

SSImeans State significant infrastructure

TSC Act means the Threatened Species Conservation Act 1995

There are three main elements to the legislative scheme which regulates planning and development in NSW.

These are:

the Environmental Planning and Assessment Act 1979, which sets out the major concepts and principles, including Part 4 which deals with development applications,
the Environmental Planning and Assessment Regulation 2000, which contains many of the details for the various processes set out under the Act, and
environmental planning instruments (EPIs), i.e. LEPs and SEPPs, which set out when development consent is required, and which often nominate the consent authority for specific types of development. For more information,see our Fact Sheet on LEPs and SEPPs.

Under this legislative scheme, development proposals can fall into one of three categories:

Part 4 development proposals: these are dealt with through the development application process, which is the focus of this Fact Sheet.
SSDor SSI projects under Part 4.1 or 5.1: major projects of State or regional significance: seeFact Sheet 2.3b State Significant Development and State Significant Infrastructure. For information on the now repealed Part 3A see Fact Sheet 2.3a Part 3A.
Part 5 environmental assessment: covers activities requiring environmental assessment which does not fall under Part 4 or Parts 4.1 or 5.1.

This Fact Sheet explains the process for regulating development through the development application and development consent process under Part 4 of the EPA Act. It also briefly describes the environmental assessment process of Part 5.

Development for major government projects, such as for infrastructure, and State significant development is also regulated under the EPA Act, but is not dealt with in this Fact Sheet. For more information about SSD and SSI projects, read ourFact Sheet on SSD and SSI. For more information about how existing Part 3A projects are assessed,see our Fact Sheet on Part 3A.

The Land and Environment Court hears appeals against development consents and hears enforcement cases under the EPA Act. For information on the Court, read outFact Sheet on the Land and Environment Court.

2.2.1.1 Who is responsible for the EPA Act?

The Minister for Planning is ultimately responsible for the EPA Act which is administered by theNSW Department of Planning and Infrastructure.

In many cases, however, the EPA Act delegates responsibility to local councils to make decisions under the EPA Act regarding individual developments. In some cases, e.g. SSD applications, the EPA Act along with thePlanning Minister's instrument of delegationalso delegates responsibility to the Planning Assessment Commission (PAC).

EDO NSW

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