Consent authorities must consider proposed environmental planning instruments when determining applications.
This circular advises consent authorities about the need to consider proposed environmental planning instruments when determining a development application under section 4.15(1)(a)(ii) of the EP&A Act.
Planning Circular PS 24-007 is point-in-time, non-statutory guidance issued by the NSW planning department to help consent authorities apply the law consistently. Its subject is a specific statutory consideration: section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979, which requires that when a development application is assessed, regard be given not only to environmental planning instruments already in force but also to certain proposed instruments. This circular 'advises consent authorities about the need to consider proposed environmental planning instruments when determining a development application.'
NSW consent authorities determining development applications (in practice, councils, and other bodies acting as consent authorities). As a circular it is described as non-statutory guidance rather than a binding order.
When a consent authority is determining a development application and must have regard to the matters in section 4.15(1)(a)(ii) of the EP&A Act — specifically, whether a proposed (not yet made) environmental planning instrument should be taken into account in that assessment.
The circular is directly tied to section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979. Beyond naming that provision and the concept of environmental planning instruments (EPIs), the supplied source text does not name specific SEPPs, LEPs or other instruments.
The circular advises consent authorities of 'the need to consider proposed environmental planning instruments when determining a development application', reflecting the consideration required by section 4.15(1)(a)(ii) of the EP&A Act.
Kiama Council, as a consent authority determining development applications, would be within the group this circular addresses. It bears on everyday DA assessment where a draft or proposed EPI (for example a draft LEP amendment or a proposed State policy) is on foot and may need to be weighed. The supplied source text gives only the one-line description, so the specific mechanics for Kiama cannot be detailed from it — the actual circular PDF would need to be read for the operative guidance.
“This circular advises consent authorities about the need to consider proposed environmental planning instruments when determining a development application.”
“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.