Development consent and approvals
The majority of development or major works within the Sydney Olympic Park will require development consent through a development application or complying development certificate, although some minor works are exempt development.
Planning approval pathways
The type and cost of the works or development that you intend to carry out will dictate the appropriate planning approval pathway. The various options are summarised in the table below.
| Type of development | Criteria* | Example |
|---|---|---|
| Exempt development | Under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, some development is exempt from requiring development consent. To be exempt development, the works will need to comply with specific conditions and in most cases landowners consent will be required. Further information on exempt development is available from the Department of Planning, Housing and Infrastructure. | Minor building renovations and low impact works, such as decks, gardens sheds, carports, fences, window repairs, house painting, outdoor dining and some signage |
| Complying development | Under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, a fair amount of development may be carried out as complying development. Complying development is a type of streamlined planning pathway, as certificates are issued by a private certifier rather than through a development application. To be complying development, the development must meet specific criteria. Consent from the landowner must be provided before applying for a complying development certification. Applications for complying development certificate must be lodged on the NSW Planning Portal. Further information on complying development is available from the Department of Planning, Housing and Infrastructure. | Small to medium-sized alterations and additions, such as additions or alterations to a major event venue, building a 1 or 2 storey home, a granny flat or secondary dwelling, demolishing a building or renovating a home. |
State development applications (also known as local development applications) | Development with an estimated cost less than $10m, that is not exempt or complying development, will require development consent through a development application under Part 4 of the Environmental Planning & Assessment Act 1979. These development applications will be lodged with the Sydney Olympic Park Authority for assessment and determination by the Minister for Planning and Public Spaces (or his delegate). These will be lodged as State Development Applications on the NSW Planning Portal, and will require landowners consent prior to lodgement. If you are considering a State Development Application, please contact the Authority for a pre-development application meeting. | Significant alterations or additions to an existing buildings and new buildings and retail development with an estimated cost less than $10m. |
| Integrated development | Integrated development is where approval is required from a NSW Government agency (such as the Environmental Protection Agency) before development consent can be granted. Section 4.46 of the Environmental Planning & Assessment Act 1979 specifies various consents, approvals, licences, permits or permissions that are required prior to granting development consent. Further information on these concurrences and referrals can be found on the Department of Planning, Housing and Infrastructure website. | Various permits under the Fisheries Management Act 1994. Environment protection licence under the Protection of the Environmental Operations Act 1997. Consent relating to a public road under Section 138 of the Roads Act 1993. Heritage approval under Section 58 of the Heritage Act 1977. |
| Designated development | Designated development is high-impact development that can affect the environment, such as development likely to generate pollution or development near environmentally. Development is listed in Schedule 3 of the Environmental Planning and Assessment Regulations 2000. For these types of developments, a development application must be accompanied by an environment impact statement, which must be prepared in accordance with Secretary’s Environmental Assessment Requirements (SEARs). To request SEARs, you’ll need to complete the following Form A. Further information on designated development can be found on the Department of Planning, Housing and Infrastructure website. | Aquaculture, aircraft facilities, battery storage, breweries and distilleries, cement works, ceramic and glass industries, chemical industries, contaminated soil treatment works. |
| State significant development | Development within the Sydney Olympic Park with an estimated cost above $10m is State Significant Development. These development applications are lodged with the Department of Planning, Housing and Infrastructure for assessment and will be determined by the Minister for Planning and Public Spaces (or his delegate). Further information on State Significant Development can be found on the Department of Planning, Housing and Infrastructure website. | Development over $10m for residential development, commercial development, tourist and recreation facilities, new schools and hospitals. |
*Common conditions the applicant is required to meet, demonstrate compliance with or are constrained by.
Development application requirements
Prior to lodgement, the Authority recommends a pre-lodgement meeting to discuss:
- the relevant planning approval pathway (see above)
- relevant strategic and statutory planning requirements
- key assessment issues to be addressed
- any notification / exhibition requirements
- declaration of any political donations
- next steps in the assessment process.
Development applications are to be lodged as a State Development Application through the NSW Planning Portal.
As a minimum, to lodge a development application, the following will be required:
- Statement of Environmental Effects, which clearly:
- describes the proposal
- assesses the potential impacts associated with the proposal
- identifies measures to address any potential impacts
- professionally prepared architectural, landscaping and/or engineering plans drawn to scale
- landowners consent from the owner of the land
- payment of the development application fee (In accordance with the Environmental Planning and Assessment Regulation 2021).
The Authority will endeavour to determine development applications as diligently and efficiently as possible, aiming for a determination within 40 days for State Development Applications and 60 days for designated / integrated development. Please note that this will exclude any time taken to respond to major requests for information.
To streamline the assessment, please make sure your application is complete, comprehensive and assesses all potential planning impacts.
Development consent conditions and other work-related approvals
Development consents are usually subject to conditions that must be satisfied prior to construction commencing. Examples of these conditions may require preparation of a Construction Management Plan or seeking a statement on potential land contamination from a accredited site auditor. Where the Sydney Olympic Park Authority is required to approve or review a document in response to a development consent condition, please allow at least four weeks.
Construction cannot commence until you have a construction certificate for the works, which would be sought from a certifier. Further information is available at www.sydneyolympicpark.nsw.gov.au/master-plan/planning-and-building/building-certification.
In addition to development consent conditions, you may require other work-related approval, such as work permits, road opening permits and construction hoarding permits. Further information is available at www.sydneyolympicpark.nsw.gov.au/master-plan/site-permits.
Political donations
The Environmental Planning and Assessment Act 1979 requires the public disclosure of donations or gifts when lodging or commenting on development applications. This is to improve transparency of the planning system.
Further information about Donations and Gift Disclose is available on the Department of Planning, Housing and Infrastructure website.
For more information
For all planning and building enquiries, please call 02 9714 7145 or email [email protected].