Step 4: Development application

If your works are not exempt, complying development or permitted without consent, you may need to lodge a Development Application (DA) under Part 4 of the Environmental Planning and Assessment Act 1979.

What councils consider

Councils (or the Minister for Planning in some cases) assess DAs using six key matters under section 4.15 of the Act:

1. Relevant planning instruments – SEPPs, Local Environmental Plans and Development Control Plans.
2. The likely impacts of the proposal on the natural and built environment and on the local community.
3. The suitability of the site for the proposed works.
4. Submissions received during public exhibition or consultation.
5. Comments or approvals from other NSW Government agencies.
6. The broader public interest.

For details, see your local council’s development application guide. Learn more about DAs.

Landowner consent

If you are not the landowner, you must get landowner consent before lodging a DA.

For Crown land or waterways, contact Crown Lands.

Email: cl.enquiries@crownland.nsw.gov.au

Phone: 1300 886 235

Integrated development

Some DAs also require approval from other public authorities. This is called integrated development. You may need additional permits under:

• Fisheries Management Act 1994
• Heritage Act 1977
• Water Management Act 2000
• Biodiversity Conservation Act 2016

The consent authority must refer the DA to the relevant agency and include their conditions in any approval.

Environmental Impact Statement (EIS)

You may need an EIS if your works will significantly impact the environment. For example, affecting mapped coastal wetlands or littoral rainforests. Before preparing an EIS, you must request Secretary’s Environmental Assessment Requirements (SEARs). Find out how to request SEARs.

After lodging your DA, continue to Step 5 to check if your works are a controlled activity.