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Planning & development

I need approval for a project

Identifying the right approval pathway early is one of the most valuable things you can do for a project. Planning controls, environmental constraints and the relevant decision-maker shape the timeframe, the evidence required and the risk profile of the development.

Jurisdiction
New South Wales
Page type
Situation guide
On this page

This page may be relevant if:

  • You are planning a development and need to understand the approval pathway
  • You are unsure whether your project needs consent and from whom
  • Environmental or planning constraints may affect feasibility
  • You want a clear picture of approval risk before committing capital

What this usually means

  • Different projects follow different pathways, such as local development or State significant development, each with its own process (the arrangements for larger 'regionally significant' development are being changed under the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 and are in transition).
  • Planning controls, environmental constraints and agency requirements determine what evidence and assessment is needed.
  • Getting the pathway and strategy right early reduces delay, cost and risk.

What commonly matters

  1. The correct pathway

    The assessment pathway determines the decision-maker, the process and the evidence required.

  2. Constraints and evidence

    Environmental, heritage, traffic and other constraints shape feasibility and the assessment.

  3. Sequencing

    Ordering the approvals and evidence correctly avoids wasted effort and delay.

How we help

  • Identify the correct approval pathway and decision-maker
  • Map planning controls, constraints and evidence requirements
  • Coordinate the consultant team and assessment strategy
  • Advise on agency engagement and approval risk

This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.

Frequently asked questions

General information only, not legal advice. The position depends on your circumstances.

What is State significant development (SSD) in NSW?

State significant development is a category of development under the Environmental Planning and Assessment Act 1979 (NSW) for projects considered to have State-level significance, such as larger or specified types of development identified in State Environmental Planning Policy (Planning Systems) 2021. For SSD the consent authority is generally the Minister (or the Independent Planning Commission or a delegate), rather than the local council, and an environmental impact statement is usually required. Whether a particular project is SSD depends on the relevant criteria and thresholds, which generally turn on the type, scale and location of the development and should be checked against the current instruments.

Who decides my development application in NSW?

The decision-maker depends on the approval pathway. Many local development applications are determined by the council or a Local Planning Panel, while State significant development is generally determined by the Minister, a delegate or the Independent Planning Commission. The arrangements for larger development previously treated as regionally significant are in transition under recent NSW planning reforms, so the correct consent authority depends on the facts and the rules applying at the time and is best confirmed for the specific project.

What is integrated development and what does concurrence mean?

Integrated development is development that needs development consent and also one or more specified approvals under other legislation, such as certain licences or permits, as set out in the Environmental Planning and Assessment Act 1979 (NSW). General terms of approval for those other approvals are obtained before consent is granted, and the consent must be consistent with them. Concurrence refers to situations where another body's agreement is required before consent can be granted. For applications lodged from 1 July 2026, much of the State's input on these matters is coordinated through the Development Coordination Authority, which issues general terms of approval and provides concurrences and advice that were previously sought from individual agencies. Which approvals and concurrences it handles depends on the legislation involved. Whether a project is integrated development or requires concurrence depends on what other approvals it triggers, so the specific requirements need to be confirmed for the particular site and proposal.

Do I need federal approval for my project as well as NSW planning consent?

Sometimes. Separately from NSW planning consent, the Environment Protection and Biodiversity Conservation Act 1999 (Cth) can require Commonwealth approval where a project is likely to have a significant impact on a matter of national environmental significance, such as listed threatened species or wetlands of international importance. Whether federal assessment and approval are triggered generally depends on the nature and location of the impacts, which usually need to be assessed on the facts, so any Commonwealth issues are commonly considered alongside the State pathway.

Where to start

Need approval for a development or project?

A preliminary review can identify the decision, the material available, any stated date and the questions requiring legal or expert assessment.

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