NSW planning law reforms: what property developers need to know

The Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) has recently been amended and may change the landscape for property developers in New South Wales affecting modification applications, concept development consents and other housing reforms.

A few months after being introduced into Parliament, and after debate and amendment, the Environmental Planning and Assessment Amendment Bill 2025 was passed on 7 May 2025. The amendments are intended to streamline NSW planning processes, including by:

• Clarifying the powers of consent authorities under ss 4.55 and 4.56 of the EP&A Act to overcome the effects of Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177, permitting modification of development consents even where the underlying approved development will not be physically changed.
• Removing barriers to sensible planning outcomes where subsequent DAs are inconsistent with a concept DA, by allowing developers to seek materially different DAs without first withdrawing the existing concept DA. Instead, a condition of consent can be imposed which requires modification or surrender of the original concept DA consistent with Castle Hill Panorama Pty Ltd v The Hills Shire Council [2023] NSWLEC 24.
• Clarifying that only submissions lodged within the public exhibition period will be considered when determining the consent authority, but late objections could still be considered when assessing the proposed development, in response to Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2024] NSWCA 41.
• Reducing obligations on the Housing Development Authority, including:
  1. halving (down to 14 days) the minimum public exhibition time for State significant developments related to housing, and clarifying that subsequent submissions on the development are not considered;
  2. allowing the Planning Minister to unilaterally declare projects that include residential accommodation to be State significant development, without seeking the advice of the Independent Planning Commission; and
  3. sanctioning the Housing Development Authority to conduct meetings in private, without recording and publicly circulating the recordings of those meetings.
• Removal of any references to the "Six Cities Region" and district plans, to allow for a new regional strategic plan for Greater Sydney and consistency across the NSW strategic planning framework.

In summary, the changes are not significant but are intended to allow property developers to bring more housing to market, at less cost and in a shorter timeframe.

If you have any questions or would like to discuss, please contact our Environment & Planning law specialists Tom White and Alex Beale. This Insight was co-authored by William Hadwen, Graduate.