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Standard format for notices of determination

Standard conditions of consent

We have recently introduced a standard format for notices of determination to help councils, industry and the community better understand their obligations and comply with conditions of consent. A consistent format for use across the state will reduce inconsistencies in the application of conditions, potential delays and additional costs for applicants and certifiers.

Amendments to the Environmental Planning and Assessment Regulation 2021 made in September 2022 will require consent authorities to prepare development consents on the NSW Planning Portal using the standard forms for notices of determination from 30 June 2023.

This delayed commencement will give councils and planning panels time to familiarise themselves with the new requirements and update their processes and systems.

Introduction of a standard format requirements

Amendments to the Environmental Planning and Assessment Regulation 2021 require development applications lodged on and after 30 June 2023 to be determined in the standard format notice of determination. Modifications of development applications, where the original development application was lodged on or from 30 June 2023, will also be required to be determined in the standard form notice of determination.

The standard notices of determination are available on the Knowledge Management section of the NSW Planning Portal. They should be used by councils for local development and regionally significant development (i.e. when council is exercising consent authority functions of a Sydney district or regional planning panel on behalf of the panel). The standard format for notices of determination will not apply to state significant development, complying development or Crown development.

Types of determinations covered by the standard format

The notices of determination document the consent authority’s decision in relation to a development application (DA). Clause 88 of the Environmental Planning and Assessment Regulation specifies the information that must be contained in a notice of determination, including the conditions of consent if a DA is approved (with the reasons for imposing the conditions) and the reasons for refusal if a DA is refused.

The standard format for notices of determination is consistent with the format many councils already use. The standard format facilitates conditions of consent (prescribed, standard, and bespoke conditions) being set out under the various stages of the development process.

There are different determinations a consent authority can make depending on the type of application. The standard format for notices of determination, provides for the following types of determinations (available on the Knowledge Management section of the NSW Planning Portal):

  • Approval of a development application, subject to conditions
  • Deferred commencement of a development consent, subject to conditions
  • Approval of a concept development application, subject to conditions
  • Deferred commencement of a concept development application, subject to conditions
  • Approval of an application to modify a development consent, subject to conditions
  • Approval of an application to modify a concept development application, subject to conditions
  • Approval of an application to modify a deferred commencement concept development application, subject to conditions
  • Approval of a review of determination, subject to conditions
  • Refusal of a development application
  • Refusal of an application to modify a development consent
  • Refusal of a review of determination.
Different types of work covered by the standard format

The format for standard notices of determination applies to applications for consent for different types of work, including building work, subdivision work, demolition work, remediation work, subdivision of land, strata subdivision and change of use. This allows consent authorities to use the standard format for a consent for one of these types of work or for multiple types of work (for example demolition and building work).

Under the standard format, each consent starts with the heading “general conditions” and further stages will depend on the type of work. The length of the consent is tailored to the type of work proposed. For example, for building work, the headings/stages are:

  • General conditions
  • Before issue of a construction certificate
  • Before building work commences
  • During building work
  • Before issue of an occupation certificate
  • Occupation and ongoing use.

Reason for each condition

The notice of determination must include the consent authority’s reasons for imposing conditions (other than prescribed conditions).

The template allows for these to be listed next to each condition, making it easy to understand the rationale for the condition while also making it clear that the reasoning does not form part of the condition itself.

Generating notices of determination in the NSW Planning Portal

In the NSW Planning Portal, councils will be able to select the template for the notice of determination for the type of determination proposed (for example, approval of a development application, subject to conditions). Prescribed conditions can be quickly inserted in the notice of determination prepared through the portal, saving time and resources for both councils and applicants. Councils can select the standard conditions to include in the notice of determination and upload their own bespoke conditions, if required.

Reasons for each condition

The notice of determination must include the consent authority’s reasons for imposing conditions (other than prescribed conditions).

The template allows for these to be listed next to each condition, making it easy to understand the rationale for the condition while also making it clear that the reasoning does not form part of the condition itself.

Advisory notes

It is common practice for councils to include advisory notes in notices of determination to provide applicants with additional information about their responsibilities. For example, it might inform the applicant that other approvals are required, such as approvals under section 68 of the Local Government Act 1993. However, advisory notes do not form part of the determination.

As part of the changes introduced with the standard conditions of development consent, advisory notes will be included in a separate document to accompany any notice of determination prepared through the portal. However, this document will make it clear that the advisory notes do not form part of the consent and are not legally enforceable.

We have made an advisory notes document on this page and on the Knowledge Management section of the NSW Planning Portal.

Councils will have the option of attaching a separate document of advisory notes to the notice of determination if they consider it necessary.

Resources to assist councils

To support councils in using the standard format of notice of determination, we have created a suite of resources including upgrades to the NSW Planning Portal and training.

Conditions libraries on the NSW Planning Portal

The NSW Planning Portal will include two libraries of conditions: one for prescribed conditions (mandatory) and standard conditions (best practice), and another for councils’ bespoke conditions.

Planning Portal toolkit for standard conditions

The toolkit for standard conditions of consent (PDF, 449 KB) has been prepared to help councils use the NSW Planning Portal to:

  • upload and maintain their own bespoke conditions
  • include conditions in the standard notice of determination.
Training

We provide training to councils on using the NSW Planning Portal for preparing notices of determination and applying bespoke conditions. Training sessions will be available regularly as well. You can sign up to attend a council administrator session or DA assessing officer training.

Frequently asked questions

Answers to frequently asked questions about the standard format notice of determination are available on the Knowledge Management section of the NSW Planning Portal.

More information

For policy questions on the standard format notice of determination, please email [email protected]

For questions about the functionality of the APIs, email [email protected]

For other portal or technical questions, email [email protected]