The Environmental Planning and Assessment Act

How does the NSW planning system work? Understanding the Environmental Planning and Assessment Act

If you’ve ever lodged a development application, planned a renovation or subdivided land in New South Wales, you’ve probably encountered the Environmental Planning and Assessment Act 1979 (NSW) (the EPA Act). And if you’re planning to do any of those things, understanding how the EPA Act works can help you navigate the planning process with greater confidence.

This article explains the key features of the EPA Act and why it matters to you in New South Wales.

What is the Environmental Planning and Assessment Act?

The EPA Act is the primary land use planning statute in NSW and is one of the state’s most important planning laws. But few people understand exactly what it does. 

The EPA Act is the framework for significant planning decisions across the state – from how land can be used and developed to how councils assess development applications and involve the community in the process. It governs matters that impact planning like administration, planning instruments, development assessments, building certification, infrastructure finance, appeals and enforcement.

The EPA Act is designed to help planning authorities make planning decisions that balance several competing but important priorities. These include:

• Encouraging appropriate development in NSW
• Protecting the environment and heritage of the area
• Supporting housing and economic growth
• Ensuring buildings are safe and well designed
• Giving communities an opportunity to participate in planning decisions.

This means that whether you’re building a new home, renovating your property, subdividing land or objecting to a nearby development, the EPA Act will apply and drive how those decisions are made. 

The result is that planning decisions can’t simply be made on personal preference or political opinion. Instead, planning authorities must follow the processes set out in the Act, consider relevant planning issues and make decisions in accordance with the law.

How are planning decisions made?

Planning decisions in NSW aren’t all made by the same authority. Depending on the type, size and significance of the proposed development, responsibility may belong to your local council, a local planning panel, the Minister of Planning or, in some cases, the Independent Planning Commission (IPC).

The IPC is an independent statutory body formed under the EPA Act. Its role is to provide an independent layer of oversight for certain planning matters, particularly those involving significant developments or strong community interest.

The IPC’s key functions include:

• determining certain state significant development applications, particularly where there is substantial community opposition;
• conducting public hearings into planning matters; and
• providing independent expert advice to the NSW Government when requested.

While most planning applications are determined by local councils, the IPC plays an important role in ensuring that major or contentious developments are assessed independently and transparently.

Regardless of who is responsible for the decision, planning authorities must assess development proposals against the relevant planning legislation and planning controls. Depending on the proposal, this may include Local Environmental Plans (LEPs), Development Control Plans (DCPs), State Environmental Planning Policies (SEPPs) and other matters required by the EPA Act.

Planning authorities are also generally required to publish their decisions, the reasons for those decisions and how community submissions were taken into account, helping to make the planning process more transparent.

How can the community have a say?

Community participation is a key principle of the EPA Act. Before planning decisions are made, planning authorities are generally required to give the community an opportunity to understand a proposal, provide feedback and have their views considered. 

To help this process, planning authorities are required to prepare what’s known as a Community Participation Plan (a CPP). A CPP states how and when the community will be consulted on planning matters, including public exhibition periods, notification requirements and the opportunities available for people to make submissions.

When preparing a CPP, the planning authorities are expected to follow certain community participation ‘principles’. These are ideals that include:

• making sure the community is informed about planning matters that may affect them
• providing information that’s clear, accessible and written in plain language
• encouraging meaningful community engagement
• promoting open and transparent decision-making

Community feedback doesn’t determine every planning outcome. But it does play an important role in helping planning authorities understand and take into account local concerns before decisions are made.

How does the EPA Act shape future development?

The EPA Act doesn’t just regulate individual development applications. It also provides the framework for long-term planning across New South Wales. 

This helps councils plan how towns, suburbs and cities will grow over time, including where new homes, businesses, roads, parks and other infrastructure should be built while protecting local character and the environment.

Several planning documents work together to guide how land is used and developed under the EPA Act, including Local Strategic Planning Statements, Development Control Plans, Local Environmental Plans, State Environmental Planning Policies and Building and Subdivision Certification.

Local Strategic Planning Statement

Under the EPA Act, every council must prepare a Local Strategic Planning Statement (known as an LSPS). This document needs to set out a 20-year vision for land use within its local government area. It identifies the area’s planning priorities, recognises the local character and values to be protected and explains how future growth and development will be managed.

Each statement must align with broader regional and district planning strategies and is reviewed every seven years to make sure that it continues to meet the needs of the community.

Development Control Plans

Development Control Plans (DCPs) provide more detailed guidance about how development should be designed and carried out. While they don’t replace the legal requirements of planning legislation, they help councils assess whether proposed developments meet local expectations for things like building design, landscaping, privacy, access, parking and neighbourhood character.

DCPs are published in a standard online format to make them easier for property owners, developers and the broader community to access and navigate.

Local Environmental Plans

Local Environmental Plans (LEPs) are the primary planning instruments used by councils to regulate land use. They set out zoning rules, identify what types of development are permitted on particular land and establish development standards such as building height, floor space ratios and minimum lot sizes. 

If you’ve ever wondered why you can build an extension but not a second dwelling, why a neighbour’s proposed development requires approval or why a property is zoned for residential rather than commercial use, the answer will often be found in the relevant LEP.

State Environmental Planning Policies

State Environmental Planning Policies (SEPPs) apply across New South Wales and address planning issues of state significance. They provide consistent planning rules for particular types of development, land use or environmental protection and may override local planning controls where appropriate.

SEPPs help ensure that important planning priorities are applied consistently across the state rather than varying between local government areas.

Building and Subdivision Certification

The EPA Act also regulates the certification process for building and subdivision work after development approval has been granted.

These requirements help ensure that construction is carried out in accordance with approved plans and applicable building standards. The Act also sets out the certification requirements for subdivisions and requires building manuals to be prepared for certain types of buildings to support their ongoing management and maintenance.

Reach out for legal support

Whether you’re planning a development, responding to a planning decision or trying to understand your rights under the Environmental Planning and Assessment Act, obtaining legal advice early can help you make informed decisions and avoid unnecessary delays.

The planning and administrative law team at Armstrong Legal can advise you on a wide range of planning matters, including development applications, planning disputes, appeals and decisions made under the EPA Act. We can explain your legal options, guide you through the relevant processes and represent your interests where required.

If you need advice about a planning matter in New South Wales, contact Armstrong Legal today. We’re here to help.