If you are planning to build, renovate, subdivide, demolish, or change the use of land in New South Wales, you will need to follow the development application process. Often referred to as the DA process, this is the formal system used by councils to assess whether a proposed development can proceed.

While the process may seem complex at first, it becomes far more manageable once you understand the key stages and decision points. Knowing what is required, how applications are assessed, and what happens after determination can significantly reduce delays and uncertainty. Below is a clear, step-by-step explanation of how development applications are assessed and approved in NSW.

Following the recent excitement concerning whether an application to modify a development consent under the Environmental Planning and Assessment Act 1979 (NSW) (“Modification Application”) could be amended prior to its determination, the legislation has been clarified.

The Land and Environment Court (“LEC”) is a specialist environmental court in New South Wales.  Amongst other things, the LEC hears development application appeals.  Applicants can appeal their development application if they are not satisfied with the outcome of the application or if Council has failed to make a determination within 40 days (deemed refusal).  Two common reasons an applicant will appeal to the LEC are timing and objectivity.

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