Development application

Construction works undertaken presumably following a development application

A development application (or DA) is a type of application made in New South Wales under Part 4 of the Environmental Planning and Assessment Act 1979 to seek permission for the carrying out of development.[1] In this context, development can include the construction or alteration of buildings, the use of land, the subdivision of land, and demolition.[2][3]

Statistics

Nearly 85% of DAs are assessed by local Councils,[4] of which 97% were determined by Council staff in FY21.[5] 90% of DAs are for works that cost less than $1 million.[6]

Process

DAs must be assessed having regard to various considerations, including relevant policies, environmental impacts, site suitability, public submissions, and the public interest.[7][8] It therefore involves a level of environmental impact assessment.

All DAs must be submitted through the NSW Planning Portal.[9]

Not every type of development requires a DA, with some very low impact works classified as 'exempt development' such that no approval is required.[10] A 'complying development certificate' (CDC) may also be available as an alternative to a DA where certain standards are satisfied.[11]

Determination

A development application may be determined by approval (either conditionally or unconditionally) to issue a 'development consent' or refusal, but when approved it is nearly always subject to conditions.[12]: 9  Conditions must be authorised by relevant legislation and satisfy the "Newbury Test".[12]: 11 

Reviews & appeals

An applicant may apply for a review against the decision of a consent authority.[13] An applicant has 6 months to lodge a review and can decide whether a review is determined by a local planning panel where the original DA was not.[14] On appeal, the Land and Environment Court of New South Wales re-makes the original decision, and decides whether to impose any conditions on the grant of consent.[15]

Types of development applications

A DA made by or on behalf of the Crown is called a Crown development application,[16] and are subject to special arrangements, including that they cannot be refused without the approval of the Minister for Planning and Public Spaces, and that a consent authority is subject to direction by the Minister.[17] The definition of the Crown extends to other bodies, such as certain Australian universities.[18][19][20]

State significant development (SSD) proposals are also assessed as a type of DA[21] and include the requirements for community consultation, in some cases including public hearings[22] by the Independent Planning Commission, such as some SSD applications exceeding 50 public objections.[23]

See also

References

  1. ↑ Department of Planning and Environment (May 2018). "Your guide to the Development Application process" (PDF). pp. 10, 35.
  2. ↑ Environmental Planning and Assessment Act 1979 (NSW) s 1.5(1)
  3. ↑ Randwick City Council. "Development Application (DA) process".
  4. ↑ Department of Planning, Housing and Infrastructure. "Statement of Expectations Order".
  5. ↑ Gilyana, Damian; Montoya, Daniel (May 2024). How the NSW planning system works (Research Paper No. 2024-04) (PDF). Parliament of New South Wales. p. 8. ISSN 2653-8318.
  6. ↑ Department of Planning, Housing and Infrastructure (17 September 2025). "Planning system reform to help build NSW's future".
  7. ↑ Department of Planning and Environment (May 2018). "Your guide to the Development Application process" (PDF). p. 26.
  8. ↑ Environmental Planning and Assessment Act 1979 (NSW) s 4.15
  9. ↑ Department of Planning, Housing and Infrastructure. "Submitting an application: Frequently Asked Questions".
  10. ↑ Department of Planning, Housing and Infrastructure. "Exempt development".
  11. ↑ Department of Planning, Housing and Infrastructure. "Planning approval pathways".
  12. 1 2 Department of Planning, Housing and Infrastructure (August 2024). "Guide to writing conditions of consent" (PDF).
  13. ↑ Department of Planning and Environment (4 May 2023). "Reviews and appeals".
  14. ↑ Department of Planning, Housing and Infrastructure (February 2026). "Information sheet: Second commencement of the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025" (PDF).
  15. ↑ Land and Environment Court of NSW. "Class 1: Environmental planning and protection appeals".
  16. ↑ Department of Planning, Housing and Infrastructure (May 2025). "Guidelines for Crown Development Applications under the EP&A Act – Local and Regionally Significant Development" (PDF). p. 5.
  17. ↑ Department of Planning, Housing and Infrastructure (26 May 2025). "Planning circular PS 25-002: Crown development applications" (PDF).
  18. ↑ Department of Planning, Housing and Infrastructure. "Crown development applications".
  19. ↑ Environmental Planning and Assessment Regulation 2021 (NSW) r 294
  20. ↑ Nicholson, Ralph (13 July 2023). "Iglu and UNSW Agree Huge Student Village in Sydney's East". The Urban Developer.
  21. ↑ Gilyana, Damian; Montoya, Daniel (May 2024). How the NSW planning system works (Research Paper No. 2024-04) (PDF). Parliament of New South Wales. p. 9. ISSN 2653-8318.
  22. ↑ Department of Planning, Housing and Infrastructure. "The SSD process".
  23. ↑ Independent Planning Commission. "Our role in the planning system".
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