State Significant Development

Under the Environmental Planning and Assessment Act 1979  (EP&A Act), projects can be declared State significant development (SSD) if they are important to the State for economic, environmental or social reasons. 

A development is considered significant to the State if it is over a specific size, is in an environmentally sensitive area or will exceed estimated development cost.  

Examples of SSD include:  

• new education facilities, hospitals and correctional centres
• chemical industries
• manufacturing facilities
• mining and extraction operations
• tourist and recreation facilities
• some port facilities
• waste management facilities
• energy generating facilities. 

Development on identified sites, including the Sydney Opera House and Olympic Park, can also be considered State significant.  

State significant development is listed in Schedule 1 and Schedule 2—of the State Environmental Planning Policy (Planning Systems) 2021. 

The Department coordinates the assessment of all SSD projects under the EP&A Act. This involves carrying out relevant administrative functions, coordinating inputs from State and Commonwealth agencies and working closely with councils to ensure local and regional issues are considered. 

Community involvement is essential to the process and all SSD development applications are on exhibition for at least 28 days, unless otherwise specified by the Department's Community Participation Plan.

Who determines State Significant Development applications?

State Significant Development (SSD) applications are determined by the Minister for Planning, the Independent Planning Commission (IPC), or a delegate of either.

SSD applications are considered under Division 4.7 of the Environmental Planning and Assessment Act 1979.

When is the Independent Planning Commission the consent authority?

The Minister for Planning is the consent authority for any State Significant Development (SSD) application, unless the Independent Planning Commission (IPC) is specifically declared to take on that role.

SSD applications are considered under Division 4.7 of the Environmental Planning and Assessment Act 1979.

The IPC is the consent authority for SSD where the applicant is not a public authority (or acting on behalf of one) and at least one of the following applies:

• the local council has made a submission objecting to the application
• the Department has received 50 or more public objections in response to the exhibition of the application (petitions and submissions that contain substantially the same text count as one objection)
• the applicant has made a reportable political donation.

Despite the above criteria, the IPC is not the consent authority if the proposal is declared SSD through a ministerial call‑in, including those recommended for declaration by the Housing Delivery Authority.

In addition, the Commission is the consent authority for the following housing SSD categories only if the applicant has made a reportable political donation:

• In-fill affordable housing (under section 26A of Schedule 1 of the Planning Systems SEPP)
• Build-to-rent housing (under section 27 of Schedule 1 of the Planning Systems SEPP)
• Seniors housing (under section 28 of Schedule 1 of the Planning Systems SEPP)
• Development in accelerated TOD precincts (under section 19 of Schedule 2 of the Planning Systems SEPP).

Delegated decisions

Both the Minister and the IPC can also give Department officers the authority to determine certain SSD applications.

To learn more, visit: Delegated decisions.

About the Independent Planning Commission

The Commission operates independently of the Minister, the Department and other government agencies, helping build community confidence in the SSD process.

The Commission’s key functions under the Environmental Planning and Assessment Act 1979 are to:

• determine certain SSD applications
• conduct public hearings for development applications and other planning matters, at the request of the Minister for Planning and Public Spaces 
• provide independent advice on any planning-related matter when requested by the Minister of Planning and Public Spaces or the Planning Secretary.

When determining an SSD application, the Commission may:

• undertake a site inspection or tour of the local area
• hold a public meeting
• hold meetings with key stakeholders and publish the records of these meetings
• hold a public hearing, if requested by the Minister.

For more information, visit the Independent Planning Commission website.

State Significant Development Guidelines 

The State Significant Development Guidelines provide a detailed explanation of the SSD process and set out clear expectations about the quality of environmental assessment documentation. 

The EP&A Regulation requires SSD applicants to have regard to the guidelines when requesting the Secretary’s Environmental Assessment Requirements (SEARs), preparing EISs, responding to submissions, amending applications, and seeking to modify SSD consents. 

For further information on the guidelines, visit the NSW Planning website.