What’s being proposed.
The NSW Government has released an Explanation of Intended Effect (EIE) proposing to introduce standard and model conditions of consent across the state.
In plain terms, the government wants the conditions tied to development consent more consistent from council to council.
At the moment, conditions of consent vary widely between local government areas. Two very similar projects in neighbouring councils can end up with different wording, different requirements and different levels of detail, even though the underlying issues (erosion control, tree protection, hours of work, and so on) are much the same.
The EIE aims to fix that by giving consent authorities a shared set of conditions to draw from, rather than starting from scratch every time.
Why make this change?
This proposal sits under the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025, passed in November 2025 in response to (fair) criticism that the NSW planning system is too slow and inconsistent.
The Department’s own consultation, run through the Housing Taskforce, identified conditions of consent as one of the clear barriers to housing delivery, citing issues such as:
- Conditions that have grown in frequency and complexity, without equal benefit
- Conditions that duplicate work already done at the DA stage
- Conditions containing errors or irrelevant requirements
- Inconsistent approaches to common issues (i.e erosion control and tree protection)
The stated goal is to speed up approvals and support the Housing Accord target of 377,000 new homes by July 2029, by reducing the time councils, builders and developers spend rewriting, reviewing and negotiating conditions for every application.
How the new framework would work.
The reforms introduce three categories of condition, each with a different level of flexibility for the consent authority:
Existing standard conditions will move out of the EP&A Regulation and into the Planning Systems SEPP, creating a single reference point for the mandatory conditions that apply to a development.
Scaled to the size of the project.
One of the more practical aspects of the proposal is that model conditions are scaled to the type and size of residential development, rather than applying a single approach to every project.
- Low rise development. Dwelling houses, secondary dwellings, dual occupancies, semi-detached and attached dwellings, and multi-dwelling housing under 20 dwellings would generally be subject to simpler, outcome-based conditions. For example, erosion and sediment control is addressed through prescribed measures the applicant must follow, rather than a formal plan.
- Mid and high rise development. Multi-dwelling housing of 20 or more dwellings, residential flat buildings and shop top housing would carry more detailed, management plan-based conditions. The same erosion and sediment topic, for instance, requires a plan prepared in accordance with the Blue Book (Managing Urban Stormwater: Soils and Construction) rather than a simple checklist.
The conditions would apply to local development, regionally significant development and State significant development, including relevant modification applications. They would not apply to concept development applications, Crown development applications, or development that does not involve building work.
A chance to review conditions before consent is issued.
Alongside the standard and model conditions, the Department is proposing mandatory consultation on draft conditions for certain developments. Before issuing consent, the consent authority would need to:
- Give the applicant a copy of the proposed conditions
- Allow at least seven days for a written submission
- Consider that submission before determining the application.
This proposed consultation step would apply to:
- State significant development;
- designated development, and;
- any other residential development of 20 or more dwellings
It’s a deliberate attempt to catch minor drafting errors or impractical requirements before they become a costly modification application down the track.
What this means for developers.
More predictable conditions. Consistent wording across councils should reduce the time spent negotiating bespoke requirements for issues that are common to almost every project.
Proportionate effort for smaller projects. A dwelling house or dual occupancy is intended to face simpler, outcome-based requirements rather than the detailed management plans expected of larger developments, helping keep costs and preparation time in check for smaller-scale work.
More documentation for larger projects. Mid and high rise developments should expect a more structured set of requirements, including construction environmental management plans with sub-plans for traffic, noise, air quality and waste, adaptable dwelling compliance, and detailed parking and utilities evidence, all best prepared well ahead of lodgement.
A genuine opportunity to flag issues early. Where mandatory consultation applies, developers of larger and State significant projects would get a formal chance to review draft conditions and raise concerns before consent is issued, rather than discovering a problem after the fact.
Specialist input will still matter. Model conditions still call on qualified professionals, dilapidation reports from a professional engineer, tree protection measures from an arborist, erosion and sediment control plans prepared to Blue Book standards, and surveys marked out by a registered surveyor. Getting the right documentation in place early remains just as important as it is today.
Where the proposal stands and what’s next.
The Explanation of Intended Effect was open for public comment from 2 July 2026 to 5pm on 30 July 2026. That formal submission window has now closed, and the Department has moved into the review stage, considering the feedback received before finalising the standard and model conditions.
Nothing has been finalised yet, and there’s no confirmed date for when the amendments to the Planning Systems SEPP will take effect. For now, the most useful thing developers and builders can do is get familiar with the proposed model conditions in Attachments A and B, so there are no surprises if and when they’re introduced.
You can read the full Explanation of Intended Effect, and the draft model conditions, on the NSW Planning Portal.
For questions about the Planning System Reforms Act 2025, the Department can be contacted at planningsystemreform@dphi.nsw.gov.au.
How Allen Price can help.
Whether it’s preparing the reports and plans these model conditions will call for, navigating consultation with your consent authority, or simply understanding how a proposed reform will affect your next project, Allen Price’s town planning, civil engineering, surveying and project management teams are here to help you stay ahead of the changes.
Get in touch with our team to talk through what this means for your upcoming development.
