New NSW Planning Reforms – Part 4 – Standardisation & Efficiency
14 October 2025
In this article we delve deeper into the proposed amendments to the NSW Environmental Planning and Assessment Act 1979 (EPA Act) under the Environmental Planning and Assessment (Planning Systems Reforms) Bill 2025 (Bill), with a particular focus on the changes that are aimed at standardisation and efficiency and what they could mean for our clients.
Development Standards
The Bill provides for the amendment of the plural definition ‘development standards’ and the later in time replacement of that definition with the singular definition ‘development standard’ (amended s 1.4(1)). The first amendment will insert that ‘development standard’ also means a provision in an EPI or a Regulation that is identified as a development standard. The second amendment will remove the list of multiple standards, including non-numerical standards, currently in the definition and replace it with the simple meaning that a standard is a provision in an EPI or a Regulation that is identified as a development standard.
Once the final amendments are made this will provide greater certainty as to what is a ‘development standard’ and therefore what can be varied under a clause 4.6 request.
Provisions relating to non-discretionary development standards will also be amended (s 4.15(3) – (3AC)) to address uncertainty, inconsistent decisions and Court appeals relating to variation of such standards. The amendments will clarify that non-discretionary development standards are beneficial and limit the power of the consent authority to refuse consent, but do not limit the discretion of the consent authority to grant consent to proposed development that does not comply with the standard.
Complying Development
It is also proposed that an applicant can apply to ‘vary’ a complying development standard through a ‘variation certificate’ (new section 4.31A). In determining a variation certificate, the appropriate person must not consider any matters other than those relating to the development standard and the application of the development standard to the proposed complying development. An application for a variation certificate and a complying development certificate relying on the variation certificate may be made and approved at the same time.
Complying development standards will be defined to mean a standard as varied by a ‘variation certificate’ or a provision in a DCP identified as a standard or requirement for complying development. Importantly, however, an appropriate person must not issue a variation certificate unless an EPI specifies that the development standard may be varied by a variation certificate.
If after 20 days, an application for a variation certificate and a complying development certificate relying on the variation certificate has not been determined, the certificates will be deemed approved. The timeframe will be 10 days if only an application for a variation certificate has been made (new s 159A of the Regulations).
Standard Conditions
Some standard conditions already exist for certain types of development, and these, plus others, will remain ‘prescribed by the regulations.’ The Bill provides, however, that ‘standard’ conditions of consent will be specified in SEPPs (new s 4.17(11)). The Bill also provides for ‘model conditions’ to be specified in SEPPs (new s 4.17(12)-(13)). A consent authority ‘must’ impose a model condition, if relevant, when granting development consent or modifying a consent. Consent authorities may impose other conditions, but they will not have effect if they are inconsistent with a standard or model condition that applies to the development.
Under proposed s 4.17(4C) of the EPA Act, the consent authority will be required to provide the applicant with a copy of proposed conditions and invite the applicant to make written submissions about the conditions. This will apply to development ‘of a kind specified by the regulations’.
Community Participation Plans
The Bill provides that the Planning Secretary ‘must’ prepare a Community Participation Plan addressing how and when planning authorities will undertake community participation (new s 2.23(1)). The Community Participation Plan ‘must’ be published on the NSW Planning Portal (amended s 2.24(1)).
Amended Regulations are to provide detail around the ‘form and content of, and the procedures for making and publishing’ the Community Participation Plan (new s 2.24(4) of the EPA Act). The Minister has announced that the Plan will cover such things as public exhibition periods, consultation, and community participation. One Plan will apply to the whole State, and local community participation plans will no longer apply. It has, however, been announced that individual councils will be able to adopt their own engagement strategies and policies, on the condition that they are not inconsistent with the Plan.
