New South Wales

Environmental Planning and Assessment Act 1979

Executive summary of update

This update introduces significant structural changes by establishing two new bodies: the Housing Delivery Authority and the Development Coordination Authority. These authorities are designed to streamline housing supply and improve cross-agency coordination for major projects. Key process changes include the removal of COVID-19-related extensions for consent lapsing periods and appeal timelines, reverting them to standard, shorter timeframes. A new framework for "vibrancy guidelines" has been introduced to support the night-time economy by guiding decisions on extended operating hours for food and drink premises. Additionally, the powers of enforcement authorities to issue development control orders have been clarified and expanded. The primary intent is to accelerate housing and key developments, centralising some planning oversight. The main consequence is the need to adapt to new authorities and tighter project timelines.

Impacted parties

Developers, councils, public authorities, and internal legal and project management teams are most impacted by the introduction of new planning bodies and revised timelines for consents and appeals.

Change Analysis

New Planning Authorities Established

Two new authorities are established, centralising key planning and coordination functions.

  • Housing Delivery Authority (HDA): Division 2.3A (Sections 2.11A–2.11D) creates the HDA as a new corporation. Its primary functions include advising the Minister on housing supply, recommending declarations of State Significant Development for residential projects, advising on residential zoning, and preparing related guidance materials. This body will be a key stakeholder for all residential development projects.
  • Development Coordination Authority (DCA): Division 2.3B (Sections 2.11E–2.11I) formalises the Planning Secretary's role as the DCA. The DCA is empowered to request and share information with public authorities to coordinate development-related functions. This aims to streamline inter-agency processes for complex projects.

Reversion of COVID-19 Timing Provisions

The update removes temporary measures introduced during the COVID-19 pandemic, reverting key statutory timeframes to their pre-pandemic settings.

  • Lapsing of Consents: Section 4.53 is amended to remove the complex rules related to the "prescribed period" (25 March 2020 to 25 March 2022). Development consents now have a standard lapsing period of 5 years unless otherwise specified, simplifying timeline management.
  • Appeal Timelines: Section 8.10 is amended to remove the extended appeal windows that applied during the "prescribed period"....
The full analysis cover much more, including triggers for operational and commercial risks and opportunities.

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