Executive summary of update

This update introduces two significant changes. Firstly, it re-delegates determination functions for certain regionally significant development applications from Sydney district and regional planning panels to local councils, provided a local planning panel is constituted for that area. This shift is governed by a new ministerial instruction, altering the decision-making pathway for these projects.

Secondly, a new Part 15 has been added to Schedule 6, introducing a comprehensive set of savings and transitional provisions to manage the future implementation of the Planning System Reforms Act 2025. This framework addresses how pending applications will be handled during the transition, including those for regionally significant development, and formalises the continuation of the Housing Delivery Authority. The primary consequence is a move towards more localised decision-making for certain developments and the establishment of a clear legal framework for upcoming major planning reforms.

Impacted parties

This update most significantly impacts local councils, Sydney district and regional planning panels, local planning panels, and developers with current or future applications for regionally significant development.

Change Analysis

Delegation of determination authority to councils

New subsections have been added to Section 275, fundamentally altering the consent authority for certain types of regionally significant development.

• Section 275(3A) now prescribes that the function of determining a development application, which would otherwise fall to a Sydney district or regional planning panel, must be exercised by the local council on the panel's behalf, provided a local planning panel has been constituted for that area.
• This delegation is not absolute. The new Section 275(3B) creates an exception, stating that councils cannot exercise this function for applications specified in a new ministerial direction titled Instruction on functions not exercisable by council on behalf of Sydney district or regional planning panels—certain regionally significant development applications.
• Section 275(3C) clarifies that when a council exercises these delegated functions, it is acting as the consent authority. This change shifts decision-making power from a regional body to a local one for a subset of significant projects, potentially streamlining processes but also introducing variability between councils.

Transitional framework for major planning reforms

A new Part 15 (Sections 32-44) has been inserted into Schedule 6, establishing the savings and transitional arrangements for the future commencement of the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025....