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DAVID CAREY

TOWN PLANNING AND DEVELOPMENT



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 * David
   
 * 
 * * Aug 15, 2018
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   * 2 min read




INTEGRATED DEVELOPMENT - APPLICATIONS REFERRED BY COUNCILS TO STATE AGENCIES

Since the late 1990s, most approvals from state government agencies required to
perform a type of development have been integrated into the development
assessment system with Councils. The types of integrated development are listed
in clause 4.46 of the Environmental Planning and Assessment Act 1979 and cover
the following approvals:











Coal Mine Subsidence Compensation Act 2017 - Approvals from Subsidence Advisory
NSW to perform development in a mine subsidence area.



Fisheries Management Act 1994 - Approval from NSW Primary Industries for certain
types of development relating to fisheries



Heritage Act 1997 - Approval from the Heritage Council of NSW for certain works
relating to state heritage items



Mining Act 1992 - Grant of a mining lease by NSW Resources and Geoscience



National Parks and Wildlife Act 1974 - Grant of aboriginal heritage impact
permit by NSW Environment and Heritage



Petroleum (Onshore) Act 1991 - Grant of a petroleum production lease by NSW
Resources and Geoscience



Protection of the Environment Operations Act 1997 - Grant of an environmental
protection licence for certain developments of high environmental risk by the
NSW EPA



Roads Act 1993 - Approval for certain works over state roads by NSW Roads &
Maritime Services



Rural Fires Act 1997 - Approval from the NSW Rural Fire Service for certain
types of high-risk development on bushfire prone land



Water Management Act 2000 - Approval from the NSW Department of Industry for
certain works having an impact on waterways including certain development within
40m of a watercourse






The process of integrated development is that an applicant lodges the request
for approval as part of the Development Application. Council is then responsible
for referring an application that is integrated development to the relevant
state agencies within 14 days.






Each state agency has a period of 40 days to issue general terms of approval for
a development or 21 days after Council advises that the notification period has
closed. If state agencies require additional information to make a decision on
issuing general terms of approval, the correct process is for the request to an
applicant to be made via Council.






The overall time for an integrated development application to be determined
before an applicant can appeal to the Land and Environment Court is 60 days
versus 40 days for standard applications.






General terms of approval issued by state agencies are typically attached to the
list of conditions of approval issued by Council. If a state agency refuses to
grant approval, then Council cannot grant consent to the development.






It is worthwhile checking with Council before lodging an integrated development
application, as additional fees and copies of plans are normally required. In
addition to a fee paid to Council, a cheque will normally be attached to the
application for referral to each of the state agencies.






For any additional questions regarding integrated development, feel free to get
in contact.



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@ Copyright by David Carey | Urban City Planner, Project Manager and Development
Consultant

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