Development Assessment and Consent
The information below is general and summarises information on the NSW Government website of the various pathways under which development proposals may be determined.
Council requires a Development Application DA for most building developments or alterations to buildings. Dependent upon the size, scale of development and cost the DA may be determined either at Council, the relevant Planning Panel or the Regional Planning Panel. In each case Council does the assessment of the DA and prepares a report to the relevant authority.
Council website krg.nsw.gov.au has comprehensive information about the forms needed for making an application. Once an application has been lodged, progress of the DA can be monitored using the DA Tracking link on the Council website.
From development applications through to complying development certificates and integrated developments. The size and scale of the development will determine which of the assessment pathways is appropriate.
Note: The following information has been downloaded from the State Government website.
Local Development Any type of development which requires development consent under a Local Environmental Plan (LEP) or State Environmental Planning Policy (SEPP)
Exempt Development A number of minor types of low impact works or renovations may be exempt development. Where the project meets the relevant standards, a development approval is not needed.
Complying Development Complying development is a fast-track approval process for straightforward residential, commercial and industrial development. If the application meets specific criteria, it can be determined by an accredited certifying organisation.
Integrated Development Certain development requires a permit or license from one or more NSW Government agency in addition to a development consent. These developments are integrated development.
Regional Development Regional development are high value and complex applications, considered to be of regional significance. The assessment is completed by the local council and then determined by the relevant Planning Panel – either a Sydney Planning panel for applications within the Greater Sydney Region or the relevant Regional Planning Panel for the remainder of NSW.
Development without consent Not all development requires consent before work can start. Some low-impact or routine activities such as home occupations in certain rural and residential zones, environmental protection works in certain environmental zones, or some temporary uses of land can be carried out without consent.
State Significant Development Some types of developments are deemed to have State Significance due to the size, economic value or potential impacts that a development may have.
State Significant Infrastructure State significant infrastructure (SSI) includes major transport and services development that have a wider significance and impact than on just the local area.
You can now search for applications that have been lodged via the NSW Planning Portal using the Application Tracking service. You can also search for applications that have been lodged with Council on the web site under DA tracking
Planning Panels were introduced in NSW on 1 July 2009 to strengthen decision making on regionally significant development applications (DAs) and certain other planning matters.
The Planning Panels are independent bodies. Determinations made by the Planning Panels are not subject to the direction of the Minister for Planning.
In the Greater Sydney Region, a Sydney Planning Panel operates for each district: Ku-ring-gai is part of Sydney North Planning Panel.
The Planning Panels determine regionally significant development applications generally development with a capital investment value (CIV)* over $30 million, and
Development with a CIV* over $5 million which is:
council related 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 development with a CIV* between $10 million and $30 million which is referred to the Planning Panel by the applicant after 120 days.
* Capital investment value (CIV) is calculated at the time of lodgement of the DA for the purpose of determining whether an application should go to a Planning Panel - refer to Planning Circular PS 10-008.
It is the responsibility of the relevant local council to carry out a proper and professional assessment of a proposal for a Panel’s determination of a relevant DA. This will include the public exhibition of the application and assessment of submissions received.
The public panel meeting is an important part of the determination process for a DA. The purpose of the meeting is for the panel to hear those who wish to express their view on a DA before a decision is made.
The Planning Panels may undertake independent reviews of some Council and Department of Planning, Industry and Environment decisions in the plan making process. By providing an opportunity for an independent body to give advice on LEPs, the review processes allow Councils and proponents to have decisions about the strategic merits of proposed amendments reconsidered.
A request for a rezoning review can be submitted by a proponent where Council:
has notified the proponent that the request to prepare a planning proposal is not supported
or has not indicated its support 90 days after the proponent submitted a request accompanied by the required information
or has failed to submit a planning proposal for a Gateway determination within a reasonable time after the council has indicated its support.
The Planning Panel will determine whether the planning proposal should proceed, or not proceed, for a Gateway determination. The Panel’s decision will be based on the strategic and site specific merits of a proposal.
The Panel will only review the planning proposal initially considered by Council, rather than any amended or updated version.