Permitted without consent prejects

Some developments can be built without planning consent, such as:

• some low-impact or routine activities such as home businesses in a residential zone
• environmental protection works in an environmental conservation zone
• markets in a public recreation zone.

The local environmental plan or state environmental planning policies that apply to certain areas or activities will specify which types of development are "permitted without consent".

However, some of these developments may still need a licence, permit, environmental assessment or other approval from a public authority before work can start.

The process of gaining a licence, permit or approval depends on the nature of your development without consent activity. 

For a local development project, your council will be the best source of information about consent and what permits may be required.

Part 5 approvals for public authorities

Development without consent can apply to the everyday activities of government departments or agencies (e.g. a water utility constructing supply infrastructure), under the State Environmental Planning Policy (Transport and Infrastructure) 2021.

Part 5 of the Environmental Planning Assessment Act 1979  (EP&A Act) covers the environmental assessment of these activities. Its purpose is to ensure public authorities fully consider the environmental impact of development without consent projects.

Guidelines

Part 5 of the Environmental Planning and Assessment Act requires development without consent projects to undertake a comprehensive environmental impact assessment, where relevant, and appropriate community consultation.

• NSW Code of Practice for Authorised Network Operators (Poles and Wires)
• NSW Code of Practice for Environmental Impact Assessment of Development Proposal (Rail Infrastructure Facilities)
• Guidelines for Division 5.1 assessments
• Stakeholder and community participation plan for new health services facilities and schools

Web Tool

A web tool to guide determining authorities through the Division 5.1 planning process and the publication of Review of Environmental Factors documents. It works in conjunction with the Guidelines for Division 5.1 assessments. Use of the web tool is voluntary and is accessible via login to the NSW Planning Portal. Please contact the department for assistance, if required.