To achieve a more efficient development assessment process across NSW local government areas, standard conditions of consent for local and regionally significant development have been released.
Why use the standard conditions?
Standard conditions of consent should be used by NSW councils and local, regional and district planning panels when determining a development application under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The standard conditions do not apply to State significant development (SSD), complying development or development on Crown land.
Development of standard conditions
The standard conditions of consent have been prepared as best practice conditions of consent and apply to multiple types of development. As councils adopt these standard conditions as part of their determinations, builders, developers, certifiers and landowners will benefit from certainty and consistency across local government areas. While not prescribed (or mandatory), these conditions of development consent have been prepared as best practice and consistent with the department’s guide. Councils are strongly encouraged to adopt these conditions of development consent.
The standard conditions have been prepared in consultation with councils, industry and other stakeholders to ensure they are consistent with best practice and appropriate in different development contexts.
Councils and planning panels are encouraged to use the standard conditions where relevant in every development consent. This will help achieve certainty and consistency for builders, developers, investors and certifiers who work across multiple local government areas. Councils will not need to prepare their own conditions of consent to address issues if they are already addressed by the standard conditions.
The standard conditions for residential development (PDF, 690 KB) (first released in May 2021) have been revised to have greater coverage across more types of development, and to be consistent with updated drafting guidance.
The standard conditions for other types of development, mixed use, change of use, food and drink premises and demolition and biodiversity credits (PDF, 669 KB) and standard conditions for agritourism (PDF, 277 KB) have also been finalised.
The standard conditions cover general matters, as well as matters to be undertaken at the various stages of the development process, including:
- approved plans and supporting documentation
- design amendments
- erosion and sediment control plan
- utilities and services
- dilapidation report
- tree protection measures
- waste management
- works-as-executed plans and any other documentary evidence.
The standard conditions may be revised or added to in time as further work progresses on the standard conditions and how they can be applied to different types of development.
The standard conditions sit within the NSW Planning Portal, so councils can save time by digitally inserting them into development consents generated on the portal.
This enables the relevant standard conditions to apply to the type of development as required. For example, a condition requiring waste management to be undertaken in accordance with the approved waste management plan can be generated to apply to development that involves building work, subdivision work, demolition work or vegetation removal, at the “while site work is being carried out” stage of development, as appropriate.
Councils can upload their own bespoke conditions to address site specific issues and planning matters not addressed by the standard conditions.
Councils and planning panels can prepare bespoke conditions for site-specific issues that are not addressed by the standard conditions.
Resources
- Standard conditions of consent – residential (PDF, 690 KB)
- Standard conditions – mixed use, change of use, food and drink premises, demolition and biodiversity credits (PDF, 669 KB)
- Standard conditions of development consent – Agritourism conditions (PDF, 278 KB)
- Housing and Productivity Contribution: Standard conditions of consent (PDF, 431 KB)
For more information, email [email protected]