In May 2025, the NSW Department of Planning, Housing and Infrastructure released Planning Circular PS 25-002, updating the framework for Crown development application processes in NSW under the Environmental Planning and Assessment Act 1979 (EP&A Act). This circular replaces the previous Circular D6 and provides guidance for councils, applicants, and practitioners on the provisions applicable to local and regionally significant Crown developments.
What is Crown Development?
Crown development refers to projects initiated by or on behalf of the NSW Government, delivering essential services such as education, health, social and affordable housing, transport, emergency services, and justice. These developments are designed and funded by the state to benefit communities, create local jobs, and provide necessary infrastructure.
Key Provisions for Crown Development Applications
- Under Part 4, Division 4.6 of the EP&A Act, Crown development applications are subject to specific provisions:
- Consent Conditions: A consent authority cannot impose conditions on a Crown development application in NSW without the approval of the Crown or the Minister.
Refusal of Consent: Except with the Minister’s approval, a consent authority (other than the Minister) cannot refuse a Crown development application. - Referral Process: If a council does not determine a Crown development application within 70 days, it may be referred to the relevant Sydney District or Regional Planning Panel. If the Panel does not determine the application within 50 days, it may be referred to the Minister.
- Ministerial Direction: The Minister may direct the consent authority to approve the application, with or without specified conditions, or to refuse it.
- Review and Integration: Crown development applications are not subject to review under section 8.2 of the EP&A Act. Additionally, Division 4.8 (Integrated Development) does not apply, except for developments requiring heritage approval.
- Certification Requirements: Requirements for construction certificates, occupation certificates, and subdivision work certificates do not apply to Crown development applications. A principal certifying authority is not required; however, developments must still comply with the Building Code of Australia.
For comprehensive guidance, refer to the Guidelines for Crown Development Applications under the EP&A Act – Local and Regionally Significant Development. This document provides detailed information on the processes and requirements for Crown development applications.
Note: This article is for informational purposes only and does not constitute legal advice. For specific guidance, consult the relevant legislation or seek professional advice.
