Posted on July 22, 2026 by Sinead Macauley and Liam Mulligan 2

ALERT: New Discussion Papers on Development Assessment and Conditions of Consent

On 2 July 2026, the NSW Government released two consultation papers: the Improving Development Assessment Discussion Paper (DA Discussion Paper) and the Standard and Model Conditions of Consent: Explanation of Intended Effect (Conditions EIE).

Each addresses a familiar aspect of the planning system. The first focuses on how development applications (DAs) are prepared and assessed. The second considers how conditions of consent are framed and applied. Read together, they suggest a continued move toward a system that is more structured at both the front and back ends of the assessment process.

Greater emphasis on complete applications at lodgment

A central theme in the DA Discussion Assessment paper is the role of incomplete applications in contributing to delay. The paper identifies the “stop–start” nature of assessment—driven by requests for additional information—as a recurring issue (p10, 16).

In response, the DA Discussion Assessment proposes clearer and more standardised lodgment requirements, including introducing an interactive guidance tool to assist in understanding what is required. The intention is that applications are, as far as possible, ready for assessment when lodged.

The practical effect of this approach is likely to be an increased focus on pre-lodgment preparation. Where requirements are clearer, there may be less scope for issues to be addressed progressively during assessment.

Reinforcing a proportionate assessment framework

The paper also builds on existing reforms that differentiate assessment pathways based on the nature and scale of development. It reiterates that assessment effort should be proportionate to the level of environmental impact.

While this is not a new concept, the proposals suggest a more defined separation between pathways, supported by clearer expectations about what is required at lodgment.

This can be illustrated at a high level:

Feature	Current system	Proposed direction
Lodgment	Requirements vary; issues often resolved during assessment	More clearly defined requirements at lodgment (pp17-18)
Assessment process	Iterative, with requests for further information	Greater emphasis on early issue identification
Pathways	Multiple pathways, with some overlap in practice	More distinct pathways aligned to environmental impact (Conditions EIE p3)
Role of strategic planning	Some matters deferred to DA stage	Greater alignment with strategic settings (p12)

In practice, this may result in more routine development being dealt with through streamlined pathways, while more complex proposals continue to require detailed assessment.

This reflects an ongoing shift in the planning system toward resolving more matters at the plan-making stage, with development assessment focused more closely on the application of those settings.

Standardisation of Conditions of Consent

The Conditions EIE addresses variability in conditions of consent. It identifies inconsistency across councils, as well as the use of complex or, at times, unnecessary conditions, as areas of concern (pp 4–6).

The proposed response is the introduction of standard and model conditions, including a core set that would apply more broadly (pp 7–9). The aim is to improve consistency and clarity, while retaining some flexibility for different development types. This represents a shift away from conditions being largely drafted on a case-by-case basis.

Scaling Conditions to Development Type

The Conditions EIE also proposes that conditions be calibrated to the nature of the development. Simpler developments would generally attract more streamlined, outcome-based conditions, while more complex proposals would continue to involve more detailed requirements (pp 10–12). This aligns with the broader approach in the DA Discussion Paper, where both assessment processes and regulatory requirements are intended to reflect the scale and impact of development.

Concluding Observations

If implemented, the combined effect of these proposals is likely to be a system with clearer expectations at and prior to lodgment, more defined assessment pathways, and greater consistency in conditions of consent.

In practical terms, this may place increased importance on the quality and completeness of applications at the outset, reduce variability in conditions across different consent authorities, and shift some aspects of planning consideration further toward the strategic planning stage. At the same time, it remains to be seen how prescriptive the final form of standard conditions and lodgment requirements becomes.

These papers continue a broader reform direction in NSW planning toward greater consistency and predictability. Rather than introducing entirely new mechanisms, they refine existing ones by clarifying expectations and reducing variation in practice.

The changes are likely to be most noticeable in the increased structure around both the preparation of DAs and the formulation of conditions of consent.

As with earlier reforms, the detail of implementation will be critical in determining how these proposals operate in practice.

Full copies of the DA Discussion Paper and Conditions EIE are available at the links provided below:

• Improving Development Assessment Discussion Paper
• Explanation of Intended Effect – Standard and model conditions of consent

If you have any questions regarding this article, please leave a comment below or contact Liam Mulligan on 02 8235 9715.