The NSW planning landscape is undergoing another significant period of reform. With amendments to the EP&A Act passed in May 2025, and a major reform Bill introduced in September 2025, the development and construction sector is facing meaningful shifts in assessment pathways, strategic planning, and regulatory priorities. These reforms reshape assessment pathways, strategic planning obligations, and modification mechanisms across NSW. The implications are significant for all practitioners engaged in development, planning, certification, and regulatory compliance.
Recent amendments passed (May 2025)
The first suite of reforms introduced targeted but meaningful adjustments intended to resolve longstanding ambiguities and improve procedural certainty.
Strengthening the role of the Housing Delivery Authority (HDA)
The HDA now provides formal advice to the Minister regarding SSD declarations for residential projects. Consolidating this advisory role is expected to expedite decisions on projects considered essential to housing supply and influence the frequency with which SSD pathways are applied.
Clarified and expanded modification powers (s4.55 and s4.56)
Clarifications to modification powers directly address uncertainty created by recent case law. Allowing modifications that relate solely to consent conditions, and expanding statutory tests, restores flexibility to project delivery. This change reduces administrative burden, allows more efficient adjustment to changing site conditions, and supports more responsive compliance management.
Public exhibition and submissions
Restricting statutory recognition to submissions made within the formal exhibition window reinforces procedural discipline. While late submissions may still be considered at discretion, the change strengthens predictability for proponents and assessment teams.
Affordable housing contributions
By extending the ability for all EPIs to include affordable housing contributions, the amendments expand the policy tools available to planning authorities. This may lead to wider and more consistent application of inclusionary mechanisms in future planning instruments.
Strategic planning framework updates
The removal of the Six Cities model and transition to a new regional planning structure is expected to influence forthcoming strategic plans and their integration with local planning frameworks. This recalibration may affect zoning intent, growth priorities, and policy alignment across jurisdictions.
Taken together, these amendments improve legislative clarity, enhance modification flexibility, and strengthen the alignment between state-level housing objectives and local planning processes.
The EP&A Amendment (Planning System Reforms) Bill 2025
The Bill, which was introduced in September, has now passed both Houses of the NSW Parliament and represents a structural overhaul of the EP&A Act. Its passage confirms the Government’s commitment to accelerating housing delivery, simplifying assessment pathways, and strengthening climate and resilience considerations. Its focus is clear: delivering housing faster, simplifying assessment, and aligning planning processes with climate and resilience priorities.
New objects of the Act
The rewritten objects foreground housing supply and delivery, climate resilience and disaster preparedness, and a proportionate, risk‑based approach to assessment. These priorities reflect a shift in the planning system toward enabling development and responding to climate realities. Traditional objectives relating to environmental protection and occupant health and safety are repositioned, signalling a meaningful change in underlying planning policy.
Development Coordination Authority (DCA)
The proposed DCA would act as the primary coordinator for applications requiring multi-agency input. It will become the centralised advisory and decision-making authority for integrated development, meaning that all general terms of approval will now be issued by the DCA, rather than the individual approval bodies.
Client impact: for complex community and regional projects, assessment pathways could become more predictable and streamlined.
Targeted Assessment Development (TAD) pathway
A new mid-tier pathway is proposed between Complying Development and full DA. TAD will apply to specific classes of development (to be defined via SEPPs) and aims to reduce the assessment load for low-risk projects and excludes traditional DA matters for consideration in respect of:
- the impacts of the development,
- the suitability of the site for the development, and
- Public interest.
More proportionate, risk-based evaluation
The Bill reinforces that assessment should focus on impacts that are significant and likely, avoiding duplication and over-assessment.
Industry implication: Expect a shift in council and agency reporting requirements, and more emphasis on early identification of key risks.
Modifications with no environmental impact
A new modification pathway for modifications with no environmental impact is being introduced, which will have a 14-day assessment period. Where an application is not determined within 14 days, the consent authority will be precluded from subsequently refusing the application.
Bushfire prone land requirements reduced
The existing requirement for a consent authority to be satisfied that development on bush fire prone land either satisfies the requirements of Planning for Bush Fire Protection or is accompanied by certification from a qualified consultant is being removed. Prior to granting consent, consent authorities will only need to consider the relevant bush fire protection planning guidelines.
Removal of regional planning pathway and panels
Regional planning panels are being phased out, as the regionally significant development pathway is being removed. Local planning panels have been retained.
Changes to appeals
Proponents will be able to file an appeal at any time, up until the DA is determined. This will mean that proponents will not be compelled to lodge appeals against a deemed refusal merely to preserve their appeal rights.
Additionally, reviews under Section 8.2 of the EP&A Act against a decision of a consent authority will now ‘pause’ the appeal period. This will mean an appeal cannot be filed until a review is either withdrawn or determined. This will also remove the need for proponents to lodge appeals to preserve their appeal rights in circumstances where the consent authority is still assessing the application, and the appeal rights timeframe continued to run. Proponents will also be able to seek a review from the local planning panel instead of Council.
Expanded powers for revocation or modification by Consent Authorities as well as Complete Work Orders
Expanded powers for the issuing of complete works notices, and the revocation or modification of development consents which are inconsistent with environmental planning instruments have been introduced. These will have the effect of addressing so-called ‘zombie developments’ which have commenced but not been completed.
Regulatory implications of the reforms
The reforms, both enacted and proposed, are expected to influence regulatory practice broadly across NSW.
Assessment pathway clarity
More predictable modification provisions and proposed mid-tier pathways enable earlier identification of assessment complexity. Practitioners will need to provide precise, early guidance on referral triggers, assessment thresholds, and likely consent authority expectations.
Strategic planning variability
As new regional strategies are implemented, changes to zoning rationale, employment land designation, and development typologies may significantly influence feasibility assessments and long-term planning assumptions.
NCC and planning interface
While the planning system becomes more streamlined and risk-based, statutory obligations under the NCC remain unchanged. Reduced early oversight in planning pathways may heighten the need for rigorous compliance integration throughout design development.
Stakeholder engagement and procedural discipline
Shortened exhibition periods in specified cases place greater emphasis on timely documentation, early engagement, and strict adherence to statutory milestones for both proponents and consent authorities. are planned, assessed, and delivered.
Faster pathways require earlier, more accurate advice
With SSD fast‑tracking, the proposed TAD pathway and clearer modification powers, clients will need reliable, upfront clarity on their assessment pathway, anticipated conditions, potential agency referrals, compliance pinch‑points and the most effective way to structure staged approvals or modification strategies.
Increased strategic planning variability
With the previous Six Cities framework dissolved and new regional plans emerging, zoning priorities and development expectations may shift substantially. Clients will require early analysis of these evolving strategies to understand how changes could influence site feasibility or expected development yield.
Implications for NCC compliance
A more “risk-based” planning system does not diminish statutory NCC requirements. In fact, streamlined pathways may require greater diligence from proponents to ensure compliance issues are not overlooked.
Heightened need for community and stakeholder management
Shortened exhibition windows mean clients must be prepared with clear messaging, efficient engagement processes and early, proactive consultation, particularly sensitive or high‑impact projects.
Sector-wide considerations moving forward
These reforms reflect an ongoing transition toward a planning system that prioritises housing supply, streamlined assessment, and strategic clarity. All sectors from planning, certification, engineering and architecture to government, will need to adapt to evolving pathways, more structured modification mechanisms, and heightened expectations around upfront identification of impacts and risks.
Greater emphasis on legislative clarity and proportionate assessment may also influence the sequencing of design development, specialist reporting, and inter-agency coordination across complex developments.
What’s next?
With the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 now passed by the NSW Parliament on 11 November 2025, attention shifts from legislative passage to commencement and implementation. The Act is expressed to commence on a day or days to be appointed by proclamation, which allows different Parts and Schedules to begin at different times.
As of now, no commencement proclamation has yet been published. Until those proclamations are made, the substantive amendments will not be fully operative, and current assessment and consent practices will continue under the existing framework. Practitioners should closely monitor the NSW legislation website and government communications for proclamations bringing specific provisions into force, any associated savings and transitional arrangements, and updated guidance from the Department of Planning, Housing and Infrastructure. Ongoing monitoring of commencement dates, supporting instruments and procedural guidelines will be essential as NSW moves from the design of these reforms into their day-to-day application.