There are 9 different planning approval pathways in NSW. The size and scale of the development will determine which of the assessment pathways is appropriate. Each of the approval pathways are detailed further below:
Approval Pathway 1: Exempt Development
Exempt development is very low impact development that can be done for certain residential, commercial and industrial properties and does not need any planning or building approval.
Approval Pathway 2: Complying Development
Complying development is a combined planning and construction approval for straightforward development that can be determined through a fast-track assessment by a council or an accredited certifier.
Approval Pathway 3: Local Development
Local development is the most common type of development in NSW and involves submitting a Development Application to Council for development consent. A development is considered local development if:
- a LEP or SEPP states that development consent is required before the development can take place; and
- it is not considered to be either Regionally or State significant development.
Within the Local Development category, there are also these 3 sub-categories of local development:
- Integrated Development where approval will need to be obtained concurrently from other public authorities;
- Designated Development which refers to developments that are high-impact developments; and
- Advertised Development where the consent authority will have to give the public notice of the development application.
Approval Pathway 4: Regional Development
A regional development is a local development that needs to be notified and assessed by a council and then determined by the relevant Sydney Planning Panel. Types of development that are considered as regional development include:
- Development with a capital investment value (CIV) over $30 million;
- Development with a CIV over $5 million which is Council related or Lodged by or on behalf of the Crown (State of NSW);
- Private infrastructure and community facilities;
- Eco-tourist facilities;
- Extractive industries, waste facilities and marinas that are designated development;
- Certain coastal subdivisions; or
- Development with a CIV between $10 million and $30 million which is referred to the Planning Panel by the applicant after 120 days.
Approval Pathway 5: State Significant Development
Some types of development are deemed to have State significance due to the size, economic value or potential impacts that a development may have. The Government has identified certain types of development that are SSD, for example:
- New educational establishments, hospitals and correctional centres;
- Chemical and other manufacturing;
- Mining and extraction operations;
- Tourist and recreation facilities;
- Some port facilities;
- Waste management facilities;
- Energy generating facilities.
A proposal for any of the identified development types is SSD if it is over a certain size; or is located in a sensitive environmental area; or will exceed a specific capital investment.
Any development classified as SSD would require an application to be made directly to NSW DPIE. The SSD application process is summarised in the image on the following page:
To further elaborate, step 1 includes what is referred to as the SEARs process (Secretary’s Environmental Assessment Requirements). During this process, the Department will provide an applicant with a comprehensive list of requirements for a SSD application covering (for example):
- General Requirements;
- Key Issues including Statutory and Strategic Context/Requirements;
- Planning Policies;
- Operational Details;
- Built Form and Urban Deign;
- Environmental Impact & Amenity;
- Staging (if applicable);
- Transport, Access and Parking;
- Noise and Vibration;
- Ecological Sustainable Development;
- Social Impacts;
- Heritage;
- Utilities;
- Land Conditions including Contamination, Salinity, Flooding, Biodiversity, etc;
- Detailed Plans and Documents required for SSD Application; and
- Consultation Requirements.
Once the SEARs for a project are obtained, this provides an applicant with direction moving forward for the preparation of an application to the Department.
Approval Pathway 6: State Significant Infrastructure
Some types of infrastructure are deemed to have State significance due to the size, economic value or potential impacts that it may have.
State significant infrastructure (SSI) includes major transport and services developments that have a wider significance and impact than just the local area.
The Government has identified certain types of development that are SSI, for example:
- Rail infrastructure;
- Road infrastructure;
- Water storage and treatment plants;
- Wharf and boating facilities;
- Pipelines; and
- Certain development in National Parks.
A proposal for any of the identified infrastructure types is SSI if it is over a certain size; or is located in a sensitive environmental area; or would exceed a specific capital investment value. None of the proposed land uses envisaged for the site are considered to be SSI.
Approval Pathway 7: Development Without Consent
Not all development requires consent before work can start. This includes some low-impact or routine activities such as home businesses in a residential zone, environmental protection works in an environmental conservation zone, or markets in a public recreation zone.
Approval Pathway 8: Designated Fishing Activities
Designated fishing activities include commercial fishing activities relating to particular methods and / or locations including fish stocking. This type of development would not be relevant or applicable to the land given the types of land uses permitted.
Alternate Pathway: Planning Proposal/Rezoning
In certain circumstances, the existing land use zoning may not be considered an appropriate fit for a site. In such cases, proponents are able to prepare a Planning Proposal (PP) to rezone land for Council and NSW DPIE consideration. The steps in the PP process as shown below:
The PP process is a lengthy process that would take on average 12 to 24 months to complete. It can also be a costly exercise that is best undertaken after preliminary consultation with Council identifies whether the PP has merit and would be supported by Council.
It is recommended that any intention to prepare and submit a PP for the land be introduced and discussed with Council prior to commencement.
