Plain-English monitoring for directions, expectation orders and other planning instructions that shape local government work, even when they do not amend legislation.
Refusals of Complying Development Certificate Variation Certificates should be limited to circumstances where the variation is assessed as having significant additional adverse impacts. The aim is to ensure variation statements are processed efficiently and the fast-track pathway retains its efficiency, certainty and purpose.
Councils are required to spend a proportion of local development contributions each year in accordance with the Order. This is to fund local infrastructure such as roads, parks and community facilities delivered alongside new housing. The change responds to $4.6 billion in unspent contributions currently held by councils.
Councils should determine development applications as soon as practical, and within whichever is lesser of their previous financial year average or a set average timeframe. The average targets are 90 days from lodgement (1 July 2026–30 June 2027), 80 days (1 July 2027–30 June 2028) and 65 days from 1 July 2028 onwards. Timeframes are measured in gross calendar days from lodgement to determination, with no 'stop the clock' allowance.
Councils should formally lodge development applications submitted via the NSW Planning Portal as soon as practical and within an average of 7 days of submission. Key performance indicators are: complete an adequacy review within 4 days of submission, and issue an invoice within 4 days of submission giving the applicant 3 business days to pay.
For the first time, the 2026 Order sets expectations for how councils assess modification applications, in accordance with the timeframes and requirements set out in the Order. Councils are expected to treat modification applications with the same efficiency standards applied to original development applications.
Where possible, a council should consider whether a concurrent Planning Proposal and Development Application process can be run to reduce duplication and generate efficiencies via a dual process. This is intended to enable faster approvals and support housing delivery.
Councils should ensure local strategic planning statements align with NSW Government strategic plans, priorities and policies, and prepare and deliver local planning strategies in line with Department standards and timeframes. Councils must ensure their LEPs provide enough genuinely feasible housing capacity to meet their housing target, including auditing zones, density controls and development standards. The 2026 Order also refines expectations including planning and updating controls for locally significant industrial land identified in a regional strategic plan.
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