Development consents should require modern telecommunications infrastructure for new premises.
This circular advises consent authorities that all development consents (unless exempted) should include conditions to ensure that modern telecommunications infrastructure is provided for all premises to be constructed in developments.
This planning circular (PS 21-025), issued on 2 December 2021 under the 'Transport and Infrastructure' planning principle, tells NSW consent authorities that when they approve development they should attach conditions ensuring modern telecommunications infrastructure — including 'fibre-ready' facilities — is provided for every premises being built in the development. In plain terms, it aims to make sure new buildings are wired (or at least physically prepared) for high-speed telecommunications from the outset, rather than being retrofitted later at greater cost.
NSW consent authorities issuing development consents (for example councils and other bodies determining development applications). The circular advises them; it is point-in-time non-statutory guidance rather than a statutory rule.
It is triggered when a consent authority is issuing a development consent for a development involving premises to be constructed. The circular indicates conditions should apply to all such consents unless the development is exempted.
The circular refers to development consents 'unless exempted', indicating some developments are carved out, but the supplied source text does not set out which developments are exempted or the exemption criteria.
The supplied source text does not name any specific other instruments, SEPPs or Acts that PS 21-025 interacts with beyond identifying it as a 'Transport and Infrastructure' circular.
All development consents (unless exempted) should include conditions to ensure that modern telecommunications infrastructure is provided in respect of all premises to be constructed in the development.
The circular's subject is 'fibre-ready facilities and telecommunications infrastructure', indicating the conditions are directed at ensuring premises are prepared for and provided with such infrastructure.
For a small coastal LGA like Kiama, this applies to Kiama Council in its role as a consent authority: when approving new residential subdivisions, dwellings or other developments where premises are to be constructed, the Council should attach conditions requiring fibre-ready facilities and modern telecommunications infrastructure, subject to any exemptions. It is a routine condition-drafting matter for typical Kiama DAs involving new housing rather than a coastal-hazard-specific issue.
“The purpose of this circular is to advise consent authorities that all development consents (unless exempted) should include conditions to ensure that modern telecommunications infrastructure is provided in respect of all premises to be constructed in developments.”
“Current planning system circulars provide point-in-time non‑statutory guidance to support the consistent application of planning principles, processes and practices across NSW.”
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.