NSW goes digital with new Planning Portal

by | Nov 13, 2020 | Government

The Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020 commenced on July 1, 2020, introducing some important changes to the Environmental Planning and Assessment Regulation 2000.

The amendments require the use of the NSW planning portal as the central platform for making development applications, which means MBC will be receiving applications this way. Owners’ consent will no longer be required in writing for the lodgement of a development application.

Applications now required to be lodged through the planning portal

Applications that are now required to be lodged on the NSW planning portal, rather than being delivered to the consent authority, are:

  • development applications (clause 50(1)),
  • applications to modify a development consent under s4.55 and 4.56 of the EPA Act (modification applications) (clause 115(1A)),
  • applications for the review of a determination under s8.3 of the EPA Act (clause 123G),
  • applications for certificates under Part 6 of the EPA Act:
  • complying development certificates (clause 126(1)),
  • construction certificates (clause 139(1)),
  • subdivision works certificates (clause 148A(1))
  • occupation certificates (clause 149(1)), and
  • subdivision certificates (clause 157(1)).

After lodging the above applications, the NSW planning portal is the channel through which requests are made and information exchanged, according to clause 295.

Development application processes through the portal

The following processes for development applications are now done through the NSW planning portal:

  • requests for additional information from the applicant by the consent authority (clause 54(2)(a)),
  • notification to the consent authority by the applicant that additional information will not be provided (clause 54(5)),
  • variations or amendments lodged by an applicant (clause 55(1)),
  • withdrawal of development applications by the applicant (clause 52(1)),
  • public exhibition of extracts of development applications (clause 56(2)), and
  • publication of notices of determination of a development application (clause 102(1)).

Owner’s consent is still required to be provided for lodging development applications and modification applications, if the application is not made by the owner, however owner’s consent for lodgement of a development application does not need to be in writing.

While the amendments commenced July 1, 2020, councils have some time to transition their processes and may continue to require certain applications, including development applications, modification applications and applications for subdivision and construction certificates, to be made as if the amendments had not been made. Councils in local government areas specified in the clause have until 31 December 2020 to start using the portal while other councils have until July 1, 2021.

MBC is here to help guide you, so don’t be afraid to reach out to your contact and ask should you have any questions.

Visit the NSW planning portal for more.

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