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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

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,
• environmental planning instruments, ie LEPs and SEPPs, which set out when development consent is required, and which often nominate the consent authority for specific types of development: see Fact Sheet 2.1 LEPs and SEPPs, and
• the Environment Planning and Assessment Regulation 2000, which contains many of the details for the various processes set out under the Act.

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

• Part 3A projects: major projects of State or regional significance: see Fact Sheet 2.3
• Part 4 development proposals: these are dealt with through the development application process, which is the focus of this Fact Sheet.
• Part 5 development proposals: covers proposals which do not fall under either Part 3A or Part 4. These are usually infrastructure projects.

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 activities.

Development for major government projects, such as for infrastructure, and State significant development (Part 3A projects), is also regulated under the EPA Act, but is not dealt with in this Fact Sheet. For information on Major Projects under Part 3A, see Fact Sheet 2.3.

The Land and Environment Court hears appeals against development consents and hears enforcement cases under the EPA Act. For information on the Court, see Fact Sheet 2.4 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. The Act is administered by the NSW Department of Planning.

In many cases, however, the EPA Act delegates responsibility to local councils to make decisions under the EPA Act regarding individual developments.

2.2.1.2 Useful web links

The Minister for Planning is responsible for the EPA, which is administered by the NSW Department of Planning.

• Click here to go to Department of Planning's website
• Click here to go the Environmental Planning and Assessment Act 1979

2.2.1.3 Useful legal texts

• Environmental & Planning Law in New South Wales, by Lyster, Lipman, Franklin, Wiffen and Pearson, The Federation Press (2007), Chapters 2-4
• The Environmental Law Handbook, Farrier and Stein, eds, 4th ed.

2.2.1.4 Summary of 2008 Amendments to the EPA Act

In 2008, the Environmental Planning and Assessment Amendment Act 2008 No 36 ("2008 Amendments") introduced wide-ranging amendments to the EPA Act.

The Amendments:

• abolished REPs, and established a new process for making LEPs which the Planning Minister controls: see Fact Sheet 2.1
• abolished Commissions of Inquiry and replaced them with a new assessment and approval body called the Planning Assessment Commission
• established Joint Regional Planning Panels, and independent assessors, which can assess development applications
• allows a council to require a panel of experts to assess a DA
• made changes to the way development applications are processed
• established new appeal procedures
• made changes relating to development contributions
• made changes relating to the certification of development, and
• strengthened enforcement.

Although many of the Amendments commenced on 1 August 2008, there are numerous additional dates of commencement, and as at 11 December 2008, some provision are yet to commence.1

Click here for more information on the 2008 Amendments to the EPA Act:

• Department of Planning: Planning Reforms
• EDO planning amendment policy submissions
• Pikes Lawyers Legal Update April 2008 (planning reforms)

1. To view the various dates of commencement, see the Historical notes at the end of the EPA Act on the NSW legislation website. Click here to go to the historical notes