Standard and Model Conditions of Consent: Explanation of Intended Effect

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The NSW Government has released an Explanation of Intended Effects (EIE) which proposes to introduce standard and model conditions of consent across NSW. 

The new standard and model conditions will replace inconsistent, bespoke requirements making development assessment and approvals easier to navigate for councils, industry and communities.  

Creating this consistency across local government areas means councils, builders and developers will spend less time rewriting, reviewing and negotiating conditions for every application so decisions can be made faster and with fewer delays. 

For certain developments, further changes are proposed requiring consent authorities to consult with applicants on draft conditions before issuing consent. This proactive step will help identify and avoid minor errors that often lead to costly delays and unnecessary modifications. 

The proposed reforms aim to: 

• Create consistent approaches for NSW councils and other consent authorities, reducing variation in requirements for the same development 
• Reduce the time needed to prepare, review and finalise conditions for each application 
• Support faster decision-making with fewer delays in the assessment process 
• Introduce scaled conditions that are proportional to potential impacts, with simpler, outcome-based requirements for low-rise developments 
• Apply more detailed, management plan-based conditions for mid- and high-rise projects, ensuring effort matches complexity and risk. 

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