Development Application Changes NSW
Some important changes that you should be up to speed across Staged and Concept Stage Development Applications. These changes detailed below has implications for any Developers and any related parties/Stakeholders of large scale projects who have pending, or proposed, applications for concept proposals in NSW.
Key changes
- Staged Development Applications will be renamed Concept Development Applications, to better reflect what they contain in practice,
- A Concept Development Application will be able to be followed by only ONE development application for the site, rather than the multiple applications currently required, and
- A new provision (section 83B(5)) will make it clear that the impacts of carrying out the development may be considered when the concept proposals are being assessed, but must be considered where approval to carry out works is sought.
Reasons for the changes
“The Government proposes to amend the legislation, so it is explicitly clear that staged development applications can include only a concept approval and a single subsequent detailed application. Construction impacts will be fully assessed before any work can start.
“This two-stage approach has become common practice in the development industry. The Government is simply making the legislation clearer to ensure the current pipeline of DAs worth $8 billion can proceed without delay.
“Staged DAs tend to be for larger, more complex projects. A concept approval makes it clear what the high-level planning limits are for a development, including its use, shape and scale, and height which provides certainty to developers, financial backers, stakeholders, and the community.
“Having multiple DAs when one would suffice would create time delays and additional costs to the applicant, with no commercial, technical or community benefit.”
What’s the impact of these changes?
The Decision will terminate single stage concept DAs, and will mean that all concept DA’s need more detailed assessment of Construction Impacts for all stages of the development proposal at the Front End. This could potentially add further costs and time to the concept DA process.
Further information can be obtained from NSW Planning and Environment website below and or speak with your Planning Lawyer.
James Okkerse
Disclaimer
“Prudential Finance are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories. Prudential Finance does not provide financial product advice and does not hold an Australian Financial Services Licence. Prudential Finance recommends that investors consider their own objectives, financial situation and needs before proceeding with any investment and seek professional advice. All information contained within this Website is specifically structured for corporate, business, commercial, construction clients, wholesale and professional investors.”