Other Approval Pathways

Some development proposals require approval from another public authority before development consent can be granted by Council. Integrated development proposals require development consent and one or more of the approvals listed in Section 4.46 of the Environmental Planning and Assessment Act 1979.

Common public agencies that give intergrated approvals are:

• Department of Planning, Industry and Environment (DPIE)
• NSW Fisheries
• NSW Roads and Maritime Service
• NSW Rural Fire Service
• NSW Water
• Natural Resource Access Regulator
• National Parks and Wildlife Service
• Environmental Protection Authority

The Council must refer the development application to the relevant public authority and incorporate the public authority’s general terms of approval.

Council must not approve the development application if the agency recommends refusal.

If the advice is not received in 21 days after the agency has received the application or requested additional information, the consent authority can determine the development application.

Nominated integrated development is an integrated development that requires an approval under separate legislation as referenced in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Act Regulation 2021 that requires an approval under:

1. the Heritage Act 1977 specified under s.58 for approval in respect of the doing or carrying out of an act, matter or thing referred to in s.57(1), or
2. the Water Management Act 2000 specified under s.89, 90, 91 for water use approval, water management work approval or activity approval under Part 3 of Chapter 3, or
3. a provision of the Protection of the Environment Operations Act 1997 specified under:
   1. s.43(a), 47 and 55 requiring an Environment protection licence to authorise carrying out of scheduled development work at any premises; and/or
   2. s.43(b), 48 and 55 requiring an Environment protection licence to authorise carrying out of scheduled activities at any premises (excluding any activity described as a “waste activity” but including any activity described as a “waste facility”) and/or
   3. s.43(d), 55 and 122 requiring an Environment protection licences to control carrying out of non-scheduled activities for the purposes of regulating water pollution resulting from the activity.

Nominated integrated development has additional implication due to the public exhibition process. Additional fees will apply for advertising the application, which may be up to 28 days.

Regionally-significant development is larger in investment value, scale and/or complexity.

Typical regionally significant developments types include:

• projects with a capital investment value of more than $30 million
• projects with a capital investment value of more than $5 million that are:
  • council-related
  • lodged for the State of NSW
  • private infrastructure and community projects
  • eco-tourism facilities.
• extractive industries, waste facilities and marinas
• coastal protection works where there is no certified coastal management program
• certain coastal subdivisions
• projects with a capital investment value of $10 million to $30 million that the applicant refers to the planning panel after 120 days.
  
  

Types of regionally Significant Development are listed in:

• Schedule 6 of the State Environmental Planning Policy (Planning Systems) 2021 
• Specific sections of the Environmental Planning and Assessment Act 1979
• The Environmental Planning and Assessment Regulation 2021
  
  

Regionally significant Development must be assessed and notified by Council, then determined by the relevant Regional Planning Panel.

Designated development are prescribed developments that are likely to have a significant impact, or are located in or near environmentally sensitive areas.

A development can be categorised as designated development by:

• being listed in Schedule 3 of the Environmental Planning and Assessment Regulation 2000
• being listed in a Local Environmental Plan or State Environmental Planning Policy
  
  

A development application for a designated development must:

• be accompanied by an Environmental Impact Statement (EIS)
• be publicly advertised for a specific period of time
• can be the subject of an appeal to the Land and Environment Court by objectors

Any EIS for designated development must be prepared in accordance with the Planning Secretary’s requirements. To request the Planning Secretary’s Environmental Assessment Requirements (SEARs), an applicant must complete the Form A .

State Significant Developments that are deemed to have state significance due to their size, economic value or potential impacts.

State significant development include:

• new education facilities, hospitals and correctional centres
• manufacturing facilities
• tourist and recreation facilities
• waste management facilities
• energy generating facilities.
  
  

State Significant Developments are identified in State Environment Planning Policy (State and Regional Development) 2011.

State-significant developments are determined by either the Minister for Planning or the Independent Planning Commission. For further information on state-significant development, refer to the NSW Planning Portal.