Understanding the Planning Process

The Housing Delivery Authority (HDA) is a NSW Government panel that recommends projects be fast-tracked as State Significant Development. The developer submitted an Expression of Interest (EOI 289312), and the HDA assessed it against published criteria. The HDA recommended declaration, and the Minister for Planning declared the project SSD by Ministerial order under s4.36(3) of the EP&A Act. This is a procedural step — it is not an approval to build.

The developer submits a Scoping Report directly to the NSW Planning Portal Major Projects Hub. No mandatory pre-application meeting with the Department is required for the project-specific SEARs pathway that applies to this development. Once the Department receives the Scoping Report, it publishes it on the portal — this is the first point at which the project becomes publicly visible. The Department then has 28 days to issue project-specific SEARs. During this window, a Planning Focus Meeting is held between the developer, the Department, relevant agencies, and the local council to discuss key issues for assessment. Because the Hewlett Street development requires concurrent rezoning, it is not eligible for 7-day industry-specific SEARs — it must receive project-specific SEARs informed by Council and agency input.

The developer prepares a detailed Environmental Impact Statement responding to the SEARs. Under the HDA pathway, the developer has a maximum of 9 months from SEARs issuance to lodge the SSD application (including full architectural drawings and completed EIS), or the SEARs are revoked. The EIS is the first time the community sees the actual design of the building — there is no separate design disclosure before exhibition. It includes site plans, floor plans, elevations, sections, shadow diagrams, photomontages, and all supporting technical reports (traffic, heritage, social impact, etc.).

Once the EIS is lodged, it is placed on public exhibition on the NSW Planning Portal. Under the Department's Community Participation Plan (September 2025), the minimum exhibition period for SSD declared under s4.36(3) that includes residential accommodation is 14 calendar days — approximately 10 business days. This is half the 28 days that applies to other SSD categories. The exhibition covers both the development proposal and the proposed changes to the site's planning controls (height and FSR). This means submissions are not limited to a binary 'approve' or 'refuse' — you can argue for lower height and density numbers in the amended planning controls.

After exhibition closes, the Department publishes all submissions on the Major Projects website and requests the developer to formally respond. The developer prepares a Response to Submissions (RtS) addressing issues raised by the public, government agencies, and Council. The RtS may include amended architectural drawings, additional technical reports, or design modifications. The RtS is published and may itself generate further submissions.

The Department of Planning prepares its whole-of-government assessment report, evaluating the application against the mandatory considerations in s4.15 of the EP&A Act: the applicable environmental planning instruments, the significant likely impacts of the development, the suitability of the site, all submissions received, and the public interest. The assessment report includes a recommendation to approve (with conditions) or refuse. The published end-to-end target is 275 days from lodgement of the SSD application to determination, though the Department is currently averaging approximately 204 days.

The consent authority for this application is the Minister for Planning (or their delegate within the Department), not the IPC and not Waverley Council. The delegation instrument confirms this. Based on BCA's analysis of the legislation, the IPC is not available as consent authority for projects declared SSD by Ministerial order under s4.36(3) — the provision that would extend IPC jurisdiction (s2.7 of the Planning Systems SEPP) is deliberately omitted from the extension clause (s2.12). This means 50+ objections do not trigger IPC referral, and Council's objection does not trigger IPC referral.

After determination, any person may seek judicial review in the NSW Land and Environment Court within three months. Judicial review examines whether the decision-maker followed correct procedures, considered all relevant matters (including submissions), and acted within their powers. This is not a re-assessment of the merits of the development — the Court does not substitute its own planning judgment.