Posted on December 19, 2025 by Stuart Simington and Taylor Finnegan

ALERT: Some Planning System Reforms Commence

On 15 December 2025, amendments to the Environmental Planning & Assessment Act 1979 (EPA Act) by the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 (Planning System Reforms Act) commenced. Transitional and saving arrangements have also come into effect under the Environmental Planning and Assessment Amendment (Planning System Reforms) Regulation 2025.

The reforms to the EPA Act that have commenced include:

  • Amending the objects of the EPA Act,
  • Statutorily establishing the Housing Delivery Authority under Division 2.3A,
  • Establishing the Development Coordination Authority under Division 2.3B,
  • Establishing the power to constitute local planning panels for 2 or more specified areas under s 2.17,
  • Amending the provisions relating to the appointment of members of local planning panels under s 2.18,
  • Amending s 4.15 to restrict assessment to the ‘significant likely impact of the development’
  • Amending the process for determination of Crown development applications under s 4.33,
  • Amending the provisions for lapsing of consent under s 4.53,
  • Amending the provisions relating to revocations of development consents under s 4.57,
  • Amending the provisions for planning agreements under s 7.4(3A),
  • Expanding the relevant enforcement authorities who may give orders under s 9.34, and
  • Introducing factors not of relevance to the consideration of a development application under s 4.15(1)(b) by s65A of the EPA Reg,

A large number of further amendments under the Planning System Reforms Act are to commence at a later date. These include:

  • Inserting a new definition of ‘development standard‘ under s1.4(1),
  • Establishing a single, state-wide Community Participation Plan for NSW under s 2.23,
  • Amending bush fire provisions under s 4.14,
  • Introducing s4.15(1A) to declare matters (which would otherwise be relevant to the assessment of a DA) as being relevant or irrelevant,
  • Amending s 4.17 to standardize conditions of consent,
  • Expanding complying development, including introducing the issue of ‘variation certificates’ for CDCs under s 4.31A,
  • Introducing targeted assessment development (TAD) provisions under Division 4.3A,
  • Updating appeal options and review processes, and
  • Abolishing Sydney district and regional planning panels.

Regionally Significant Development

A key feature of the Planning System Reforms Act is the removal of the regionally significant development pathways and staged abolition of Sydney district and regional planning panels.

The Environmental Planning and Assessment Amendment (Regionally Significant Development) Regulation 2025 published on 15 December 2025 amends section 275 of the EPA Reg to prescribe that the determination of a DA is a function of Sydney district or regional planning panel that must be exercised by the council of the area if a local planning panel has been constituted. The exception is that a council must not determine a DA on behalf of a Sydney district or regional planning panel if the application is of a kind specified in the ‘Instruction on functions not exercisable by council on behalf of Sydney district or regional planning panels – certain regionally significant development applications’ (Instructions). These include where:

  • the application was lodged before 4 September 2024, or
  • the council has submitted an assessment report in relation to the development to the applicable Sydney district or regional planning panel, or the application is taken to be refused and an appeal has been lodged, prior to:
    • 16 January 2026, or
    • the date that a Local Planning Panel is constituted for the land to which the application relates,

whichever is later.

The Regionally Significant Development Regulation is to commence on 16 January 2026. The Instructions were published on the NSW Planning Portal in December 2025.

The full texts of the documents discussed are available here:

You can read our earlier articles on the Planning Systems Reforms Act here.

If you have any questions regarding this article, please leave a comment below or contact Stuart Simington on 02 8235 9704.

0 replies on “ALERT: Some Planning System Reforms Commence”

COMMENTS ARE NOW CLOSED

Leave a comment

in focus comments policy

LTL welcomes your feedback and comments on our posts. all comments, however, will be moderated and we reserve the right not to publish any comment for any reason.

LTL in focus is primarily designed for public sector and development professionals dealing in the fields of planning, environment and government. you may, therefore, wish to consult your organisation’s social media policy before you post any comments. it should go without saying that we expect all comments to maintain a level of respect and professional courtesy.

Please note we are unable to provide specific legal advice via these comments. If you wish to engage us to provide legal advice on a matter, please contact our office directly.

In making a comment you are required to provide your email address, this will not be published on the site. if the moderator chooses to publish your comment, the name you provide will be published with your comment – it is your choice whether you provide your full name or just your first name. if you provide your full name, we may seek to verify your identity prior to publication of your first comment. If you wish your comment to be directed only to the author or moderator please make that clear – marking it NFP or Not For Publication is the easiest way. thank you for your support and happy reading – matthew mcnamara, ceo.