As of 1 March 2018, there will be four different levels of consent authority determining DAs in the State of NSW. DAs meeting the State Significant Development provisions under State Environmental Planning Policy (State and Regional Development) 2011 will continue to be determined by the Minister for Planning or his/her delegate.
Independent Hearing and Assessment Panels (IHAPs) will be established throughout the Greater Sydney and Wollongong Local Government Areas, with other LGAs across the State free to establish IHAPs on a voluntary basis. Where the relevant LGA is subject to a ruling IHAP, any of the following would trigger a DA to be assessed by the IHAP rather than the local Council:
- CIV >$5;
- Where the applicant/owner is related to an employee/Member of Parliament, or is themselves a Council employee/Member of Parliament;
- DAs receiving ≥ 10 objections from different households;
- DAs accompanied by a Voluntary Planning Agreement;
- DAs seeking >10% departure from a development standard;
- DAs with a higher risk of corruption, including:
- Residential flat buildings assessed under SEPP 65;
- Demolition of heritage items;
- Licensed premises of public entertainment and sex industry premises;
- Designated development;
- Any modification application meeting the above criteria.
The Joint Regional Planning Panels (JRPP)s will continue to assess DAs meeting other thresholds as follows:
- CIV >$30M (unless otherwise classed as State Significant Development);
- Development with a capital investment value over $5 million which is:
- Council related;
- Lodged by on behalf of the State of NSW;
- For private infrastructure and community facilities
- For eco-tourist facilities;
- Extractive industries, waste facilities and marinas that are designated development;
- Certain coastal subdivisions;
- CIV between $10M-$30M which the applicant refers to the panel after 120 days; and
- Where Minister makes a designation that the particular development type in the relevant LGA be subject to the JRPP.
Notably, developments within the City of Sydney will no longer be subject to the JRPP process. Any other DA not meeting the above criteria for SSD, IHAP or JRPP assessible development will continue to be assessed by the relevant local Council.
Please contact our office for further information.