New South Wales
Environmental Planning and Assessment Act 1979 (NSW)
Planning instruments
- Local Environmental Plan (LEP)
Council-level statutory instrument that sets zoning + key controls (height, FSR, density). Most NSW LEPs are based on the Standard Instrument LEP.
- Development Control Plan (DCP)
Council-level non-statutory guidance — setbacks, articulation, materials, landscaping, etc. Used with the LEP for merit assessment.
- State Environmental Planning Policy (SEPP)
State-level statutory policy — overrides local instruments where relevant. Key SEPPs: SEPP Housing, SEPP Exempt and Complying Development Codes, SEPP Resilience and Hazards.
- Apartment Design Guide (ADG)
Mandatory design standard for Class 2 buildings ≥ 3 storeys or ≥ 4 dwellings under SEPP 65 / Housing SEPP.
Assessment pathways
Minor works — no approval required if all standards met.
Complying Development Certificate — fast-track for projects that meet all SEPP Codes deemed-to-comply.
Development Application — merit-based assessment under EP&A Act s4.15.
State Significant Development — declared by minister; assessed by DPHI.
NSW Rural Fire Service (Planning for Bushfire Protection 2019)
Surveying and Spatial Information Act 2002 — Registered Surveyors only
NSW Fair Trading (Home Building Act 1989)
Permit required for work over A$10,000; valid 5 years; one-per-property-lifetime; home-warranty equivalent required if selling within 7.5 years
NSW has the most mature ePlanning infrastructure. BASIX is mandatory for all residential. Apartment Design Guide is mandatory for Class 2 buildings ≥3 storeys.
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