Regionally Significant Development Application Process
In 2020, the Department undertook a pilot to improve assessment timeframes and planning outcomes for regionally significant development.
Results of the pilot program
In 2020, the department undertook the Faster Regionally Significant Development Assessment Pilot Program with 20 councils.
The objectives of the pilot were to:
- Provide a pathway to achieve reduced overall timeframes in assessing and determining regionally significant development applications.
- Trial improved ways of working based on stakeholder feedback and insights.
- Provide the opportunity for capacity development and additional council resourcing.
Regionally significant development (RSD) is assessed by councils and determined by Sydney District & Regional Planning Panels. Councils are responsible for preparing and undertaking the assessment, while the planning panels are the decision makers.
As a result of the pilot program the department has refined the process and is now implementing it across all NSW councils.
Key features of the improved application process
Best-practice actions to improve assessment timeframes
- Applicant: Lodge a complete application and respond to requests for information to ensure timely processing of applications.
- All: Attend briefings to build relationships and help everyone to understand what’s required. This starts the assessment process well and keeps the assessment on track.
- All: Set agreed timeframes and stick to them to help build engagement in the process. This ensures all stakeholders can effectively plan their workloads.
- Applicant: Communicate responsively and through agreed contact points to ensure information flows to the right people at the right time.
- Council: Work closely with the Department’s Planning Panels team to ensure centralised contact and common understanding of the status of an application.
From lodgement to determination: four touchpoints
- Development application lodgement and registration
The applicant submits their development application with council by lodging it on the NSW Planning Portal. Only complete applications comprising the required information will be accepted by council. Once the application is complete and the fee paid, council must register the application with the NSW Government’s Planning Panels team within 7 days of application lodgement.
The Planning Panels team (formerly the secretariat) case-manages RSD and undertakes administrative functions for Sydney District and Regional Planning Panels. It also manages the policy framework for RSD functions.
The team works closely with councils and panels to case manage applications from lodgement to determination. The Planning Panels team offers support to councils with guidance, templates and external resources.
2. Preliminary briefing
The Planning Panels team can arrange a preliminary briefing with the applicant, panel and council staff.
If a briefing is arranged, it is an opportunity for the applicant to brief the panel on their development proposal, for the panel chair to introduce everyone involved and to explain the process to the applicant.
The council may provide preliminary feedback, based on any pre-lodgement advice provided to the applicant. Applicants should use the Preliminary briefing presentation template as a guide.
Panel members may visit the development site. Council staff will normally arrange this with the applicant.
Preliminary briefings are scheduled at the discretion of the panel chair and will typically occur within 40 days of the development application having been lodged. A panel chair in discussion with the council and case manager may decide that a preliminary briefing is not necessary, or it can occur at a later stage in the assessment process.
Where a briefing is held the Planning Panels teams will circulate a Record of Briefing to attendees and publish it on the Planning Panels website.
3. Assessment briefing
The Planning Panels team will arrange an assessment briefing with the panel chair and council staff. Council will outline the status of their assessment and may detail any outstanding information or unresolved assessment issues.
The panel chair will decide if the application can proceed to a panel determination. If there is outstanding information or unresolved assessment matters the panel chair may request that a further briefing be scheduled. The panel chair will set a tentative date for the next briefing.
Panel members may visit the development site. Council staff will normally arrange this with the applicant.
Assessment briefings are scheduled at the discretion of the panel chair and will typically occur within 128 days of the development application having been lodged. A panel chair in consultation with the council and case manager may decide that a panel assessment briefing is not necessary, and the application can proceed to a panel determination.
Where a briefing is held the Planning Panels teams will circulate a Record of Briefing to attendees and publish it on the Planning Panels website.
4. Panel determination
Once a complete assessment report is received from council, the Planning Panels team arranges a panel determination meeting. The assessment report is generally published on the NSW Planning Portal 7 days prior to the scheduled panel determination meeting. At this meeting the panel determines the development application.
The Panel will strive to make decisions unanimously, however when a decision cannot be made unanimously the decision will be made by a majority vote. The panel must provide reasons for its decision, which are recorded in the Determination and Statement of Reasons by the Planning Panels team. On some occasions a panel decision may be deferred to obtain additional information or advice. Should the Panel defer an application, it must provide a written record including the reasons for deferral.
For more information on the detailed procedures for panel meetings please refer to the Sydney District & Regional Planning Panels Operational Procedures.
Panel members may visit the development site. Council staff will normally arrange this with the applicant.
The panel determination meeting will typically occur within 275 days of the development application having been lodged.