Certain development applications require approval (such as a permit or license) from a NSW Government agency (also called an approval body) before a determination can be made by the local council (the consent authority). These are called integrated development. Council will refer the development application to the necessary approval body so that there is an integrated assessment of the proposal.
Approval will need to be obtained from the approval body (e.g. the Environmental Protection Agency) before development consent can be granted. Integrated development applications require an approval listed in Section 4.46 of the Environmental Planning and Assessment Act 1979 (EP&A Act). For example, this may include an aquaculture permit, mining lease, pollution licence, Aboriginal heritage impact permit.
The consent authority (council) must refer the development application to the relevant approval body and incorporate their general terms of approval. It must not approve the development application if the approval body recommends refusal. The council may determine the development application without the advice from the relevant approval body if advice is not received within:
- 40 days of the application being forwarded to the approval body (if the DA is not advertised) or;
- 21 days (if the DA is advertised) from when the public submissions are forwarded to the approval body (or another timeframe if additional information has been requested).
The Secretary now has power to act in place of an approval body under s4.47(4A) of the EP&A Act to prevent delays in the assessment of a development application in certain circumstances, as outlined in clause 70AA of the Environmental Planning and Assessment Regulations 2000.
The Department of Planning and Environment has developed a new online service to facilitate State agency consultation on development applications. The new service will help reduce assessment times and make it easier for applicants to pay fees online and track the consultation process.