Lodgement
When preparing the supporting information for a DA, an applicant should include enough information to describe the proposed development, explain how potential impacts have been assessed or measured, and how they will be avoided or mitigated.
Applications forms and fees
Development applications must be submitted via the NSW Planning Portal online application process, which requires registering for a free account. The application must include supporting documentation such as a SEE or an EIS, development plans, landowner’s consent and a cost estimate report for the proposed development. Additional documents may also be requested to support the DA. The fees for a DA are based on the estimated capital value of the project. Additional charges will apply if:
- the project is a designated development or an integrated development
- the DA is to be advertised
- it requires concurrence and general terms of approval from another authority.
Request for additional information
A consent authority may request additional information if it believes there are matters that have not been adequately addressed or additional information is required to assess the application. Further information may also be requested if a certain issue has been raised in a submission.
Requests for additional information usually require the information to be provided within a certain time frame. This period is known as a ‘Stop the Clock’ and the time taken to respond is not counted towards the assessment period. If this time frame cannot be achieved, the applicant should discuss this with the consent authority.
At this stage, the applicant will need to work closely with the consent authority to understand the issues being raised and the information required to meet their needs.
If a consent authority requests additional information and the applicant does not provide that information, then the consent authority can determine the application without that information. This may result in the application being refused.
Referrals
Under certain planning requirements, applications may be referred to other authorities. This may be a result of additional approvals being required – the process identified as integrated development in NSW planning framework and dairy developments, or where certain actions trigger an assessment by those authorities. Examples include traffic-generating development, water licencing or an environment protection licence. Referral authorities will have a period in which they must respond.
For integrated developments, additional fees must be paid through the NSW Planning Portal. Authorities assessing the development have an additional 21 days following the completion of the public submission period (see Lodgement) to provide their general terms of approval (the GTAs). If the GTAs are not provided within 21 days, the determining authority may make its decision without the response. Where GTAs are provided, the determining authority must approve the application.
Public Exhibition Process
Dependent on the type of proposed development, its size or location, the consent authority may place the proposal on public exhibition. This process enables neighbouring landowners and other interested members of the community to view the application information and make a submission on the proposal, where appropriate. The time a proposed development is on public exhibition can vary depending on the consent authority’s policy or a legislated timeframe and may be extended by the consent authority if necessary.
The consent authority will consider any submissions made to the proposed development. The consent authority will determine whether the issues raised in submissions are relevant to the proposed development and the action needed in response to those submissions. The applicant will need to work closely with the consent authority to understand the issues being raised and the information required to address those concerns.
Determination of the application
The consent authority must now determine whether to grant or refuse consent to the application. If consent is granted, it can be issued either unconditionally or subject to conditions. Consents under the EP&A Act are usually issued subject to a range of conditions. If any integrated referral authority recommends refusal or objects to an application, the consent authority is required to refuse an application.
An applicant who is not satisfied with the decision may ask the consent authority to review the application or may appeal to the Land and Environment Court. An objector to a designated development proposal may, under certain circumstances, also appeal to the Land and Environment Court. More details of the DA process can be found on the NSW Planning website
Compliance with conditions
After a development has been approved and the dairy complex or facility is operating, the consent authority will monitor the development to ensure that the approval conditions are being complied with. If the development does not comply, the person responsible for the development may be:
- counselled on the operation’s non-compliance
- issued with a direction to comply
- issued with a penalty notice and fined
ordered to rectify or make changes to the development or the activities carried out at the premises.
The compliance authority may also bring legal action in the Land and Environment Court. The Court may order the responsible person to carry out necessary works (such as making repairs) or order that the use of the premises ceases. Similarly, other approvals and licences will be monitored by the appropriate regulatory authority (ARA) and non-compliance will be dealt with under the relevant NSW regulations (see NSW environment protection licences and dairy developments and Other approvals and licences).