The NSW Government’s Environmental Planning and Assessment Amendment Bill 2025 has passed through Parliament.
The changes to the EP&A Act include:
- Streamlining decision-making and cutting through red tape to assess housing State Significant Development (SSD) applications which have been recommended for the SSD pathway by the Housing Delivery Authority (HDA).
- Cutting through the red tape for additional housing SSD applications such as infill affordable and build-to-rent housing.
- Allows flexibility to reduce the minimum mandatory exhibition period for certain housing SSD projects through changes to the Department’s Community Participation Plan.
- Supporting consent authorities such as councils in making practical planning decisions including modifications to development consents, clarifying several court decisions.
- Providing certainty on how submissions are counted and considered. The amendment makes it clear that only submissions received during a public exhibition period can be counted for particular purposes such as identifying the consent authority and appeal rights but late submissions can considered in assessments.
- Modernising the planning framework for affordable housing contribution requirements by enabling all types of environmental planning instruments to include requirements for affordable housing contributions and removing unnecessary tests to streamline the development assessment process.
- Removing references to the ‘Six Cities Region’ and district plans which will enable a new regional strategic plan for Greater Sydney to be delivered and make the strategic planning framework consistent across NSW.
The changes will increase the efficiency of applications to be declared as SSD by the Minister for Planning and Public Spaces, Paul Scully, by eliminating overlap in advisory functions with the IPC and providing recommendations to the Minister faster.
“This is another step forward in our plan to tackle the housing and planning challenge head-on. We’re removing the barriers that slow down good development and focusing on what matters, building more homes,” said Minister Scully.
“With these changes, we’re making it clear that NSW is serious about delivering more affordable homes and supporting councils to make practical, timely planning decisions.
“Since the Housing Delivery Authority was established, 86 proposals will now enter the State’s planning system, it only makes sense that we streamline this process through this bill and make it simpler and more efficient to assess.
“The amendments to the Act build on the other reforms which are cutting development application assessment times, speeding up construction approvals, supporting the rollout of renewable energy and encouraging the delivery of more housing, including affordable housing,” he said.
