NSW Government Responds to Staged Development Planning Uncertainty

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NSW Government Responds to Staged Development Planning Uncertainty

Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017 (NSW)

The decision in Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 found that staged developments were required to provide detailed information regarding the impacts of the proposed multi-stage developments within the staged development application. Specifically, developments must evidence separate developments through several development applications in order to meet the legislative definition of a staged development. The practical effect of this decisions means there is greater upfront expenditure required by companies proposing the development prior to any confirmation that the development may proceed.

As a result, the NSW Government has drafted Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017 (NSW) which seeks to remedy any confusion that has resulted from the Court of Appeal decision. The amendments replace staged development application provisions with ‘concept development applications’. This will allow a concept development application to be followed by a single application for the development site. The bill will also allow local government to determine the time during the development process at which impacts should be assessed.

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