Do I Need Approval

There are several types of planning approval pathways, and the NSW Department  of Planning, Housing and Infrastructure provide a summary of the approval pathways in NSW here.  

The Environmental Planning and Assessment Act 1979 defines development as the use of land, subdivision of land, erection of a building, carrying out of works, the demolition of a building, or any other act or thing as controlled by an environmental planning instrument. A comprehensive list of development types are provided Changes to development types | Planning Portal - Department of Planning and Environment (nsw.gov.au)

Exempt Development

Many types of minor home renovations and small building projects such as the erection of a carport, balcony, deck or garden shed do not need a planning or building approval. These types of projects are called ‘exempt development’. If a building project meets all of the specific development standards and land requirements, no planning or building approval is needed.

To find out more, visit Exempt development | Planning (nsw.gov.au)

 

Complying Development

Complying development is a combined planning and construction approval process for straightforward developments that can be determined through a fast-track assessment by a council or an accredited certifier. Complying development applies to homes, businesses and industry and allows for a range of things like the construction of a new dwelling house, alterations and additions to a house, new industrial buildings, demolition of a building, and changes to a business use through a ‘fast-track’ process.

To find out more, visit Guide to Complying Development – August 2023 (nsw.gov.au)

 

Local Development (Development Applications)

Local development is the most common type of development in NSW, with projects ranging from home extensions to medium sized commercial, agricultural, retail and industrial developments.

The Department of Planning, Housing and Infrastructure (DPHI) have developed a useful guide to the DA process, which sets out a clear step-by-step process on the development assessment and construction process, and what to expect when developing for the first time.

Your guide to the Development Application process – Small housing development – May 2018 (nsw.gov.au)

 

Integrated, Designated and State Significant Development

Integrated development is development that not only requires Council approval, but also requires the approval of another government agency under the Environmental Planning and Assessment Act 1979.

Designated, Regionally Significant and State Significant Development are large scale, complex, and high investment developments that require independent experts (generally a planning panel) to assess and consider whether a proposed development should be approved.

These developments can generally be identified:

  • Integrated Developments are identified in Division 4.8 of the EPA Act 1979.
  • Designated Development are listed under Schedule 3 of the EPA Regulations 2021.
  • Regionally Significant Developments (RSD) are listed in Schedule 6 of the State Environmental Planning Policy (Planning Systems) 2021.
  • State Significant Developments (SSD) are listed in Schedules 1 of the State Environmental Planning Policy (Planning Systems) 2021

 

Please contact Council's Planning team to discuss your larger scale developments to organise a Pre-lodgement Meeting (Pre-DA). Head over to the Get in Touch page for more information.

For a detailed overview of the NSW Planning system works, the Parliament of New South Wales have prepared a document accessible: How-the-NSW-planning-system-works.pdf

 

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