Types of approvals

Exempt development has minimal impact on the local environment and may not need approval from Council if it meets specific standards under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Examples of exempt development under this policy include decks, garden sheds, carports, fences, repair of a window or painting your house.

Exempt development may also be considered under State Environmental Planning Policy (Infrastructure) 2007. This policy nominates exempt development requirements to facilitate the effective delivery of infrastructure and services. Exempt development under this policy must be carried out by or on behalf of a public authority and meet the relevant development standards. Examples of exempt development under the policy include access ramps for persons with a disability, air conditioning units, awnings, pergolas, external and internal building alterations, car park and signs.

Please contact Council if you require assistance determining if your proposal is exempt development.

Local development is the most common type of development in NSW, with projects ranging from home extensions to medium sized commercial, retail and industrial developments.

A development is considered local development if a Local Environmental Plan (LEP) or State Environmental Planning Policy (SEPP) states that development consent is required before the development can take place.

The procedures for applying for development consent, the level of environmental assessment required, the notification required, and appeal rights will differ depending on how a development is categorised. These categories include designated development, integrated development and advertised development.

Designated	Developments may be designated development if the development is listed in Schedule 3 of the Environmental Planning and Assessment Regulation 2000 or another environmental planning instrument. Only a small percentage of applications constitute designated development. This list relates to large scale, potentially hazardous, noxious and offensive uses, such as waste management facilities, extractive industries, mining operations, marinas, aircraft facilities and chemical industries. This type of development requires a greater level of detail and you will need to provide an Environmental Impact Statement (EIS) with a development application for designated development in accordance with the Secretary's Environmental Assessment Requirement (SEARS) issued by the NSW Department of Planning and Environment. The Western Joint Regional Planning Panel is the determining authority for certain designated development types in the Mid-Western Regional Council Local Government Area. However, Council plays an important role in the assessment of such applications.
Integrated	Integrated development is development that requires development consent and at least one approval, permit, licence, authority or consent from another government body under Section 4.46 of the Environmental Planning and Assessment Act 1979. Some examples include certain developments that involve works located on land identified as bushfire prone or works within a public road. Council must refer an application which is integrated development to the relevant approval body that will, if appropriate, issue general terms of approval (GTA). Council would not normally determine the application until it has received the concurrence with GTAs. An integrated development administration fee is required for each agency of $320 in addition to an administration fee of $140 payable to Council for each referral to an approval body. These fees are in addition to the normal Development Application fees. Cheques for each agency should be made payable to the relevant approval body and not to Mid-Western Regional Council.
Advertised	Advertised Development is a form of local development where adjoining neighbours are notified of the development application through a letter, and the public through a notice published in the local newspaper. The types of development requiring "advertising" are specified in Council's Development Control Plan, Section 1.12 Community Consultation. Some types of integrated development also require advertising. The notification period for advertised development is 14 days, or 28 days for integrated development.

A regional development needs to be notified and assessed by Council and then determined by the Western Joint Regional Planning Panel. 

Regional development is defined in Schedule 4A of the EP&A Act and includes:

• Development with a capital investment value (CIV) over $20 million
• Development with a CIV over $5 million that is council related, lodged by or on behalf of the Crown (State of NSW), private infrastructure and community facilities, or eco-tourist facilities
• Extractive industries, waste facilities and marinas that are designated development
• Certain coastal subdivisions
• Development with a CIV between $10 million and $20 million that is referred to the regional panel by the applicant after 120 days, and
• Crown development applications (with a CIV under $5 million) referred to the regional panel by the applicant or council after 70 days from lodgement as undetermined. This includes development applications where recommended conditions are in dispute
  
  

How do I apply?

Applications are made to Council and it is Council’s responsibility to carry out a proper and professional assessment of a proposal for the regional panel’s determination of the Development Application. Depending on Council policy, this will include the public exhibition of the application and assessment of submissions received. 

Some types of development are deemed to have state significance due to the size, economic value or potential impacts that a development may have.

Development that is state significant development (SSD) is identified in the State and Regional Development State Environmental Planning Policy.

The Minister for Planning may also 'call in' development proposals if a proposal is considered to be of State significance. To find out more about the Ministerial 'call in' process, view the Policy Statement and Guideline prepared by the Department.

Types of State significant development

The Government has identified certain types of development that are SSD, for example:

• New educational establishments, hospitals and correctional centres
• Chemical and other manufacturing
• Mining and extraction operations
• Tourist and recreation facilities
• Some port facilities
• Waste management facilities, and
• Energy generating facilities
• A development proposal for any of the identified development types is SSD if it - is over a certain size, is located in a sensitive environmental area, or will exceed a specific capital investment value

The full list of SSD development types and identified sites can be viewed in Schedules 1 and 2 of the State and Regional Development State Environmental Planning Policy.

How do I apply?

Once you have determined that your proposal is SSD, you can lodge your application online with the Department of Planning and Environment.

The Minister for Planning is the consent authority for SSD applications. SSD applications are assessed by the Department of Planning and Environment. In some cases, the Minister may delegate the decision making function to Department staff.

In addition, if an SSD proposal is not supported by Council, or the Department has received more than 25 public objections, the Department's recommendation is referred to the independent Planning and Assessment Commission (PAC) for determination.

Not all development requires consent before work can start. This includes some low-impact or routine activities such as home businesses in a residential zone, environmental protection works in an environmental conservation zone, or markets in a public recreation zone. The Local Environmental Plan and/or State Environmental Planning Policies that apply to the area or activity will list all developments that are "permitted without consent".

However, some of these developments (or activities) may still need a licence, permit or other approval from a public authority and may need to undergo an environmental assessment before approval can be given.

If it is local development, Council will be the best source of information about what does not require consent or other permits that may be required.

Part 5 approvals for public authorities

Development without consent can also apply to activities undertaken by government departments or agencies as part of their everyday responsibilities (e.g. water supply infrastructure being constructed by a water utility). Many of these activities are allowed to be carried out under State Environmental Planning Policy (Infrastructure) 2007 (ISEPP).

Environmental assessment of these activities is undertaken under Part 5 of the Environmental Planning Assessment Act 1979 (EP&A Act).

How do I apply?

The process for gaining approval of your activity will vary according to the nature of your activity and the licence, permit or approval needed to carry out the activity.

The purpose of the Part 5 assessment system is to ensure public authorities fully consider environmental issues before they undertake or approve activities that do not require development consent from Council or the Minister.

If an activity is judged by the relevant public authority to 'significantly affect the environment', then an environmental impact statement will need to be prepared and considered by the public authority.