Part 4 > Division 4.2
Division 4.2 Consent authority
Consent authority
div 4.2: Ins 2017 No 60, Sch 4.1 [4]. 4.5 Designation of consent authority For the purposes of this Act, the consent authority is as follows— (a) in the case of State significant development—the Independent Planning Commission (if the development is of a kind for which the Commission is declared the consent authority by an environmental planning instrument) or the Minister (if the development is not of that kind), (b) in the case of development of a kind that is declared by an environmental planning instrument as regionally significant development—the Sydney district or regional planning panel for the area in which the development is to be carried out, (c) in the case of development of a kind that is declared by an environmental planning instrument as development for which a public authority (other than a council) is the consent authority—that public authority, (d) in the case of any other development—the council of the area in which the development is to be carried out. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.6 Provisions relating to Independent Planning Commission The following consent authority functions of the Independent Planning Commission are to be exercised by the Planning Secretary on behalf of the Commission— (a) receiving development applications and determining and receiving fees for the applications, (b) undertaking assessments of the proposed development and providing them to the Commission (but without limiting the assessments that the Commission may undertake), (c) obtaining any concurrence, and undertaking any consultation, that the consent authority is required to obtain or undertake, (d) carrying out the community participation requirements of Division 2.6, (e) notifying or registering the determinations of the Commission, (f) the functions under section 4.17 in relation to the provision of security, (g) the determination of applications to extend the period before consents lapse, (h) any other function prescribed by the regulations. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.7 Provisions relating to Sydney district or regional planning panels (1) Development of the following kind cannot be declared as regionally significant development for which a Sydney district or regional planning panel is the consent authority— (a) complying development, (b) development for which development consent is not required, (c) development that is State significant development, (d) development for which a person or body other than a council is the consent authority, (e) development within the City of Sydney. (2) The following consent authority functions of a Sydney district or regional planning panel are to be exercised on behalf of the panel by the council of the area in which the proposed development is to be carried out— (a) receiving development applications and determining and receiving fees for the applications, (b) undertaking assessments of the proposed development and providing them to the panel (but without limiting the assessments that the panel may undertake), (c) obtaining any concurrence, and undertaking any consultation, that the consent authority is required to obtain or undertake, (d) carrying out the community participation requirements of Division 2.6, (e) notifying or registering the determinations of the panel, (f) the functions under section 4.17 in relation to the provision of security, (g) the determination of applications to extend the period before consents lapse, (h) any other function prescribed by the regulations. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.8 Exercise of consent authority functions on behalf of councils where local planning panel constituted (cf previous s 23I) (1) This section applies in respect of an area of a council for which a local planning panel has been constituted. (2) The functions of a council as a consent authority in respect of any such area are not exercisable by the councillors. They are exercisable on behalf of the council by— (a) the local planning panel, or (b) an officer or employee of the council to whom the council delegates those functions. (3) The Minister may give directions to councils under section 9.1 (either to particular councils or to councils generally) on the development applications that are to be determined on behalf of the council by a local planning panel. (4) For the purposes of this section, the functions of a council as consent authority include— (a) the determination of development applications, and (b) without limiting paragraph (a), the functions of a consent authority under Divisions 4.3 and 4.4 and sections 4.34, 4.54(2), 4.56(2), 4.57, 7.7, 7.11, 7.12, 7.13, 7.14, 7.15, 7.28 and 7.32, and (c) the functions of a consent authority or council under this Act or any other Act that relate to the carrying out of development (including the making of development applications) and that are declared by the regulations to be functions of a council as consent authority, but do not include the functions of a consent authority or council that the regulations declare are not the functions of a council as consent authority. (5) In this section, development applications includes applications to modify development consents. s 4.8: Ins 2017 No 60, Sch 4.1 [4]. Am 2018 No 25, Sch 4 [15]; 2023 No 10, Sch 1[1].