Development Applications in NSW
18 February 2022 in Building and Construction Law | 2 min read | skip to FAQsA development may require special approval to be commenced. This approval is referred to as development consent which can be obtained by making a development application. In Australia, the legal requirements and processes associated with development applications vary from state to state. The legal requirements and and processes also vary depending on the type of development being proposed and its site and location. Development applications allow the community to respond to developments and challenge them when appropriate.
What is the role of the Environmental Planning and Assessment Act 1979
The dominant piece of planning and development legislation in NSW is the Environmental Planning and Assessment Act 1979 (NSW) (EPAA) The (Act). The main objective of the Act is the facilitation of environmentally sustainable development in NSW which considers economic, environmental and social factors. The Act provides a framework for obtaining development consent and outlines various planning instruments that operate within the state. For instance, the Act authorises the creation of local environmental planning instruments which apply to local government areas across NSW. In addition, the Act outlines the processes for objecting to development applications and appealing the decisions of consent authorities. The building and construction lawyers at BSM are very experienced in the complicated provisions of the EPAA. Our construction lawyers have extensive experience in making or challenging development applications under the EPAA.
What is a Consent Authority?
A consent authority is the body that receives and processes development applications. In NSW the relevant consent authority for a development depends on the type of development being applied for. The consent authorities include bodies such as the Independent Planning Commission and local councils.
What is a Development?
In NSW, the term development is defined in section 1.5 of the EPAA. A development includes;
- The use of land.
- The subdivision of land.
- The erection of a building.
- The carrying out of a work.
- The demolition of a building or work.
- Any other act, matter or thing that may be controlled by an environmental planning instrument.
The role of Zoning in Development Applications.
Zoning refers to the delegation of specific areas of land for particular uses. Environmental planning instruments under the EPAA can establish zones which apply to developments in particular areas. These zones have specific legal requirements that developments within the zone must comply with.
The role of Community Participation in Development Applications.
The EPAA allows for the community to voice their concerns and thoughts regarding development applications under the Act. The main mechanism which allows this community involvement is the EPAA‘s community participation requirements, as outlined in schedule 1 in the EPAA. An important element of the community participation requirements are the prescribed public exhibition periods for development applications. During these exhibition periods, the public may make submissions to the relevant consent authority.
How can BSM Sydney Lawyers assist you?
The building and construction lawyers at BSM Lawyer Sydney have over 35 years of construction experience ranging from small residential projects to multimillion dollar developments. Our construction lawyers can assist you when making or challenging a development application. Our lawyers will help you navigate the legal intricacies of zoning issues, community participation and the role of the EPAA in development applications. The senior construction lawyers at BSM Sydney Lawyers offer a free 2o-minute, no obligation consultation.
FAQs
What is the EPAA?
The EPAA is the acronym for the Environmental and Planning Assessment Act which is a piece of legislation which came into effect in 1979 in NSW. The main objective is to facilitate environmentally sustainable development in NSW which considers economic, environmental and social factors. It outlines a framework for developmental consent, local government planning instruments and processes for objecting to development applications.
How does the EPAA allow for community participation in DAs
DA is the acronym for development application. The EPAA allows for community participation in the approval of development applications primarily through the use of public exhibition periods.
BSM Construction Lawyer Sydney has offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.
About the Author
Azaad SadiqBachelor of Law I Graduate Diploma of Legal Practice I Admitted to the Supreme Court of NSW & the High Court of Australia
View profileAzaad Sadiq is a graduate from the London School of Economics with LLB and the College of Law with a Graduate Diploma of Legal Practice. Azaad brings an innate understanding of the law’s intersections with public policy and commercial concerns to his work. To this end, he is focused on achieving not only the best legal outcomes for clients, but also the most practical solutions for their matters as well. Azaad is a valued member of the building and construction team.
