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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

2.2.3. How is a development application made?

In order to obtain development consent, the person proposing the development must lodge a development application with the consent authority.1

The development application must be in the form approved by the consent authority, and include the minimum information set out in the EPA Regulation 2000, such as the name and address of the applicant, a description of the development, identification of the land to be developed, and the established cost of the development.2 The application must also include a plan of the land and a sketch of the development, and, if required, an environmental impact statement or species impact statement: see below.

The type of environmental assessment which must be lodged with the development application (eg environmental impact statement, species impact statement, etc) will differ depending on the likely impacts of the development: see factsheet 2.2.5.

A development application can only be made by the owner of the land or by a person who has the landowner's written consent.3

2.2.3.1 Obligation to disclose political donations

On 1 October 2008, new provisions came into effect in the EPA Act requiring developers to disclose political donations and gifts when lodging or commenting on a development proposal.4

Under the new laws, the obligation to disclose applies to all:

• Development applications
• Formal requests to the Planning Minister, a council or the Director-General of the Department of Planning to initiate the making of an environmental planning instrument or development control plan
• Formal requests to the Minister or the Director-General for the development of a particular site to be made State significant or to be declared a Part 3A project under the EPA Act; and
• Applications for approval of a concept plan or project (or a modification) under Part 3A.

Under the new laws, developers seeking a consent from a local council must disclose all donations of $1,000 or more and any gifts which have been made to any local councilor (including when they were a candidate) or employee of that council within 2 years before the application or request is made and ending when the application is determined.5 Where an application is made to the Planning Minister or Director-General of Planning, all political donations of $1,000 or more must be disclosed.6

2.2.3.1.1 Disclosure statement must accompany DA

Disclosure must be made in a statement accompanying the development application or planning request. If the donation or gift is made after the application or request is made, the developer must lodge a statement with the decision maker within 7 days.7

Both the Department of Planning and councils must make the disclosures publicly available, either on the internet or under arrangements posted on the internet, within 14 days of the disclosure being made.8

• Click here to go to a NSW Department of Planning circular on disclosing political donations

1. EPA Act, s 78A(1); see also EPA Regulation 2000 which sets out the procedures for lodging development applications generally: cll 47 - 57. Clause 50 refers to a standard form in Schedule 1.
2. EPA Regulation 2000, cl 50; Sch 1 sets out the information that must be included in a development application.
3. EPA Regulation 2000, cl 49(1). There are exceptions to this if the development relates to an application for a Part 3A project: EPA Regulation 2000, cl 8F.
4. EPA Act, s 147.
5. EPA Act, s 147(4), (5).
6. EPA Act, s 147(3).
7. EPA Act, s 147(6).
8. EPA Act, s 147(12).