Councils should share draft consent conditions with applicants for 30+ dwellings.
This circular advises that, as best practice, councils should provide draft conditions of consent to the applicant for review prior to determination where the development application will result in 30 or more dwellings.
This circular (PS 25-001, issued 7 April 2025 under the Planning Systems principle) sets out a best-practice expectation about how councils handle the conditions they intend to attach to a development consent. Where a development application will result in 30 or more dwellings, the circular says councils should give the applicant the draft conditions of consent to review before the application is finally determined. In plain terms, the applicant gets a preview of the proposed conditions and a chance to raise issues (for example, conditions that are unclear, impractical or unintended) before the decision is locked in.
Importantly, this is non-statutory guidance, not a legal command. The web page hosting it states that current planning system circulars 'provide point-in-time non‑statutory guidance to support the consistent application of planning principles, processes and practices across NSW.' So the circular describes what the Department considers good practice rather than creating a binding legal step. A failure to share draft conditions would not, on the face of this source, invalidate a consent, but following the practice is intended to improve the quality of conditions and reduce post-determination disputes and modification applications.
The supplied source is a summary listing only. It gives the trigger (30 or more dwellings), the action (provide draft conditions for the applicant's review prior to determination) and its status as best practice, but it does not spell out timeframes, formats, or what happens if the applicant disagrees.
NSW councils acting as consent authorities assessing development applications. Because it is expressed as best-practice, non-statutory guidance, it is a strong recommendation to councils rather than a strict legal obligation.
When a council is assessing a development application that will result in 30 or more dwellings, at the point before the application is determined.
For an application resulting in 30 or more dwellings, the council should provide the draft conditions of consent to the applicant for review before the determination is made.
The expectation is triggered only where the development application will result in 30 or more dwellings; the source does not describe a process for smaller developments.
The circular is expressed as best practice and, per the page, is non-statutory guidance to support consistent practice across NSW rather than a binding statutory step.
Kiama faces housing pressure, and larger residential projects — apartment buildings, multi-dwelling housing or residential subdivisions delivering 30 or more dwellings — do occur in and around the LGA's towns. For those applications, Kiama Council should, as best practice, give the applicant a look at the draft conditions before determining the DA. For the many smaller Kiama DAs (single dwellings, dual occupancies, coastal or heritage-town alterations) that fall under the 30-dwelling threshold, this circular does not apply.
“This circular advises as best practice councils should provide the draft conditions of consent to the applicant, where the development application will result in 30 or more dwellings, for the applicant’s review prior to determination.”
“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.