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.
What is considered when making a decision?
When determining a DA, the consent authority must evaluate the merits of the DA against the matters in Section 4.15 of the Environmental Planning & Assessment Act 1979 and may approve the DA, subject to modifications or conditions, or refuse it.
The Department’s best-practice approach to drafting conditions of consent for SSD applications is outlined in the Guideline for drafting conditions for State significant projects (2023).
How is the decision notified?
After the determination of the DA, the department will:
- publish the decision on the NSW planning portal
- notify everyone who made a submission of the decision
- give public notice of the reasons for the decision and how community views were taken into account in making the decision.