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.
When is the Independent Planning Commission the consent authority?
The Minister for Planning is the consent authority for any SSD application, unless the IPC is specifically declared to take on that role.
The IPC is generally the consent authority for an SSD application where the applicant is not a public authority (or acting on behalf of one), and one or more of the following applies:
- the local council has lodged an objection
- 50 or more public objections are received during exhibition (petitions and submissions that use mostly the same wording are counted as one objection)
- the applicant has made a reportable political donation.
However, the IPC is only the consent authority for the following housing SSD types if the applicant has made a reportable political donation:
- In-fill affordable housing
- Build-to-rent housing
- Seniors housing
- Development in accelerated Transport Oriented Development precincts
If a proposal is declared SSD by a ministerial call‑in, including those recommended for declaration by the Housing Delivery Authority, the IPC is not the consent authority.
Delegated decisions
Both the Minister and the IPC can give Department officers to determine certain SSD applications.
To learn more, visit: Delegated decisions.
About the Independent Planning Commission
The IPC operates independently of the Minister, the Department and other government agencies. This helps ensure decisions are independent and builds public confidence in the SSD process.
The IPC’s main roles are to:
- determine certain SSD applications
- hold public hearings when the Minister requests them
- provide independent planning advice when asked by the Minister or the Planning Secretary.
When determining an SSD application, the IPC 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 application, the Department will:
- publish the decision on the NSW Planning Portal
- notify the applicant and anyone who made a submission
- give public notice of the reasons for the decision and how community views were considered.