What is Regional development?
A regional development needs to be notified and assessed by a council and then determined by the relevant Joint Regional Planning Panel (regional panel). Regional development is defined in Schedule 4A of the EP&A Act and includes:
- development with a capital investment value (CIV) over $20 million,
- development with a CIV over $5 million that is council related, lodged by or on behalf of the Crown (State of NSW), private infrastructure and community facilities, or eco-tourist facilities,
- extractive industries, waste facilities and marinas that are designated development,
- certain coastal subdivisions,
- development with a CIV between $10 million and $20 million that is referred to the regional panel by the applicant after 120 days, and
- Crown development applications (with a CIV under $5 million) referred to the regional panel by the applicant or council after 70 days from lodgement as undetermined. This includes development applications where recommended conditions are in dispute.
Regional development does not apply in the City of Sydney Council area.
How do I apply?
Applications are made to the council and it is the council’s responsibility to carry out a proper and professional assessment of a proposal for the regional panel’s determination of the development application. Depending on council policy, this will include the public exhibition of the application and assessment of submissions received.
The Joint Regional Planning Panel website provides further information on regional development.
- Environmental Planning and Assessment Act 1979 – Part 4.
- Environmental Planning and Assessment Regulation 2000.
- State Environmental Planning Policy (State and Regional Development) 2011.
- SEPPs relevant to each project (e.g. State Environmental Planning Policy 1 – Development Standards; State Environmental Planning Policy 14 – Coastal Wetlands; State Environmental Planning Policy 71 – Coastal Protection).
- Local Environmental Plan of council where development is located.
- Development Control Plans relevant to location of development.