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Master Plan 2030

Local Development

This section aims to provide information on the Authority's Local Development Application processes.

When is a Local Development Application required?

If your project is not a project to which Part 3A of the EP&A Act applies, it is likely that Part 4 of the EP&A Act applies. Part 4 of the EP&A Act allows different assessment process for different types of development. However most Part 4 development applications at Sydney Olympic Park are categorised as local development.

Pre-Lodgement Meeting

Prior to lodgement, the Applicant is required to discuss the proposal with representatives of the Sustainability Unit of Sydney Olympic Park Authority before lodging a development application (DA) or modification application (s96 App).

During this initial meeting, it will be determined:

  • Which planning requirements are relevant.
  • What assessment process will be adopted
  • What development category applies (e.g. local, designated, integrated etc)
  • Identify the key issues that would need to be addressed

The applicant should prepare a background report and drawings on the proposal to present at the Pre-Lodgement Meeting.

The background report should:

  • Describe the site and surrounding area;
  • Describe the proposal;
  • Identify the potential environmental impacts of the proposal, including off-site impacts;
  • Identify the approvals required for the proposal;
  • Identify the relevant planning controls;
  • Consider the need for specialist environmental studies; and
  • Identify any potential mitigation measures.

To assist the transparency and accountability of these meetings, applicants will be informed that pre-lodgement minutes may be taken. The minutes will record advice and outcomes along with the date, place and time of the meeting and the names of those in attendance. The applicant will receive a copy of the minutes.

To set up a pre-lodgement meeting please call Sydney Olympic Park Authority’s Planning Officer on 02 9714 7139 or 9714 7383 or email planninginfo@sopa.nsw.gov.au.

What information do I need to lodge a Development Application?

To lodge a Development Application you will always require:

  • A completed acrobat_icon_small.gif Development Application form (PDF 800KB)
  • Architectural, landscaping and/or engineering plans drawn to scale;
  • A Environmental Impact Assessment (e.g. Statement of Environmental Effects report)
  • DA fees (cheque made payable to Sydney Olympic Park Authority)
The following may also be required in addition:
  • Additional copies of plans and documents in cases where the approval of other Government agencies is required (usually for major development)
  • Specialist environmental studies (e.g. ecology, heritage, traffic, noise and wind);
  • Shadow diagrams
  • Engineering drawings
  • Materials and finishes board
  • Other information requested by the Authority

You are advised to check your DA requirements with Sydney Olympic Park Authority before lodging your Development Application.

New Requirement to Declare Disclosure of Political Donations

The NSW Government has implemented legislation requiring disclosure of political donations and gifts when lodging or making submission to development proposals.  The declaration is to be made at time of lodgement of an application or when making submission (either an objection or in support).

Further information is available on the NSW Government Department of Planning website, in the section Development proposals and donations or gifts: know the rules.

Political Donations and Gifts
When donations or gifts must be declared, the form acrobat_icon_small.gif Political Donations and Gift Disclosure Statement (PDF 30KB) must be completed in full and lodged with the development application or submission.
Further information is containing in the acrobat_icon_small.gif Political Donation Guidelines (PDF 130KB).

Availability of Disclosures to the Public
The Sydney Olympic Park Authority is required to retain the disclosures made by applicants and people making submission to development proposals. The Authority must also make the disclosures available to the public. If you require access to the disclosures please call 9714 7139 or 9714 7383 or email planninginfo@sopa.nsw.gov.au

Where do I lodge the Development Application?

The Development Application must be lodged during normal business hours or posted to:

Sydney Olympic Park Authority
Operations and Sustainability Unit
7 Figtree Drive
Sydney Olympic Park NSW 2127

What are the Development Application Fees?

The fees are set out in the Environmental Planning and Assessment Regulation and must be paid directly to Sydney Olympic Park Authority (as the delegated assessor and/or consent authority).

If a proposal is Integrated Development, separate cheques for each of the integrated approval bodies are required. An additional fee of $110 plus an approval fee of $250 for payment to each Government Authority, shall apply to Integrated Development. These fees are also set out in the Environment Planning and Assessment Regulations.

Additional fees may apply for advertising.

Please note: GST is included in the Schedule of Fees.

View the EP&A Act Regulation.

Applications to Modify a Development Consent (Section 96 Application)

An application under Section 96 of the Environmental Planning and Assessment Act 1979 (EP&A Act), is an application to modify a development consent. Three options to modify a development consent are available:

  • A Section 96-(1) application is to correct a minor error, mis-description or miscalculation
  • A Section 96-(1A) modification is one involving minimal environmental impact
  • A Section 96-(2) modification is to modify the consent in other ways, for example as a result of changes to a design. The development as modified must be substantially the same development. You must provide evidence that the development is substantially the same

Download a Section 96 application form  (pdf-182k)

What are the fees to modify a development consent?

The Development Application fees are based on the fees outlined in the Environmental Planning and Assessment Act 1979.

Please note: GST is included in the Schedule of Fees. View the EP&A Act Regulation.

What is the DA and S96 Application process?

Once the application is lodged it will generally be registered within 1 working day of lodgment, provided that the:

  • DA and S96 forms are filled in correctly
  • The application clearly identifies the proposal and the land to which it applies
  • The application fee is correct

Note: If an application is registered, it does not necessarily mean that it has been accepted.

Following registration:

  • The applicant will be issued with an application number and a receipt for the fee
  • The application will be assessed
  • The application will be referred to relevant internal Council Officers and external Government Departments (if required)

The DA may be rejected if:

  • The DA form is not signed or dated by the applicant
  • The landowners have not provided their signed consent for the DA to be lodged
  • It is illegible
  • It contains insufficient information about the proposal or the land on which it is located;
  • Does not include a Environmental Impact Assessment
  • It contains the incorrect documents
  • It contains the incorrect fee
  • Fails to provide the relevant documents and separate cheque for the integrated approval bodies
  • If it is not of a type that can be assessed or determined under the Delegation

If any of these circumstances apply, the applicant will be given an opportunity to rectify the situation, if possible, before the application is formally rejected.

The Operations and Sustainability Unit is responsible for ensuring the notification of a DA or s96 Application.

Public Notification

If the development is Advertised Development or requires public notification the Operations and Sustainability Unit will:

  • Notify the affected landowners and residents
  • Advertise the DA or s96 Applications in relevant newspapers if the development is Advertised Development
  • Put a notice on the site
  • Will exhibit the DA/S96 Application at the Head Office at the Sydney Olympic Park Authority for a minimum period of 14 days
  • In the case of development requiring Notification, the Authority will notify all relevant agencies and allow a period of 14-21 days for responses.

In addition some types of development under the planning legislation which applies to Sydney Olympic Park are required to be referred to other government agencies for comment including Auburn Council, the NSW Heritage Office and the NSW National Parks and Wildlife Service.

The advice and approvals received will be considered in the assessment and determination of an application.

Public notifications of development may run for a period of 14-21 days.

Authority Referrals

Sydney Olympic Park Authority employs qualified urban planners, urban designers, architects, landscape architects, transport planners, environmental scientists, building assessors, engineers and other professionals to provide expert advice on development matters.

An application will be internally notified to relevant internal professionals for assessment advice. Advice will be requested within one-two weeks of a referral being made. A standard referral would include an assessment by the following areas of the Authority: planning, design, transport, environment, building assessment.

External Expert Advice

The Authority may also engage suitable experts to obtain high level advice to assist in its assessment and determination process.  For example, the Authority may engage independent experts for advice on applications involving potentially significant environmental impacts involving, among others, noise, land contamination, traffic and transport, threatened species and heritage. The Authority may also obtain legal advice where matters of Planning Law are subject to varying interpretation.

Design Review Panel Notification

Sydney Olympic Park Authority has established a Design Review Panel to provide expert advice to the organisation on a range of planning, architecture, urban design, landscape design and related matters.

The Panel provides design advice on proposals submitted for the development of key sites at Sydney Olympic Park, as well as providing design advice on individual development.

The determination of whether an application is to be referred to the Design Review Panel will be made by the Executive Manager, Planning based on a number of factors including scale of new development, context and environment within which the development is being carried out, cost of development and level of objections to the development. These decisions will be documented and regularly reviewed as part of the audit of Sydney Olympic Park Authority's development assessment and determination role.

The advice of the Panel will be a consideration in the assessment and determination of a DA.

Other Regulatory Approvals

Under Section 91 of the EP&A Act, some types of development are described as "integrated" and require certain other development approvals under the following Acts:

  • Fisheries Management Act 1994
  • Heritage Act 1977
  • Mine Subsidence Compensation Act 1961
  • National Parks and Wildlife Act 1974
  • Protection of the Environment Operations Act 1997
  • Roads Act 1993
  • Rural Fires Act 1997
  • Water Management Act 2000

In this regard the application must be referred to the relevant government agencies for approval within statutory time frames.

Making a submission to a Development Application or S96 Application

You may wish to make a formal written submission to a Development Application that is advertised or notified under the Authority’s Notification Policy. If you feel the development proposal has the potential to impact on your property or on the wider environment then you may want to submit comments on the DA.

If you decide to make a submission and object to the proposed development the reasons for your objection must be included in your submission within the specified public exhibition period. To lodge a submission on a development application, you may either use email or send a written submission. Remember to include your return postal address (even on email submissions) so we can contact you for further clarification if necessary and notify you of the decision regarding the application. Written submissions should be received by the Authority by the end of the public exhibition period in an enveloped marked with the DA Number and be addressed to:

The Chief Executive Officer
Sydney Olympic Park Authority
7 Figtree Drive
Sydney Olympic Park
NSW 2127

Please note that Sydney Olympic Park Authority will not acknowledge the receipt of any submissions. Summaries of submissions, names and address of people making submissions may be included in the Assessment Report. All submissions within the specified period will be fully considered by Sydney Olympic Park Authority prior to the determination of the application. Submissions are kept on file and may be accessed by other members of the public under the Local Government Act.

When your submission is reviewed by the Assessing Officer, you may be contacted for further clarification of any issues you have raised. If the Assessment Officer agrees with your objections, they may contact the applicant and request amendments to the application before the matter goes any further.

Where amendments are made to a DA you may receive notification depending on the extent and type of amendments. Minor amendments are not re-notified. If you are not notified of these amendments your earlier submission will still be considered in the assessment of the application.

The Assessment Officer will address the issues raised in the submissions in an Assessment Report and make recommendations to the appropriate decision body.

How do I find out about the result of a DA?

The determination and associated documentation will be sent to the applicant outlining the decision with respect to the DA. Applications that are approved are advertised in the local press shortly after their approval or on the Authority’s web site.

Assessment Considerations

  • A report will be prepared for consideration by the Consent Authority taking into account Heads of Consideration (e.g. as set out under s79C of the EP&A Act);
  • Relevant clauses of SREP 24 and any other environmental planning instrument applying to the land on which the development is proposed;
  • Any other relevant NSW or Commonwealth legislation; and
  • Submissions, advice and approvals received.

Conditions of Consent or Reasons for Refusal

Draft 'Conditions of Consent' to accompany a consent recommendation to the Consent Authority (e.g. the Minister for Planning) will be prepared.

In line with the Department of Planning’s current practice, the draft 'Conditions of Consent' may be distributed to the applicant for comment prior to the conditions being referred to the Consent Authority.

Similarly the draft reasons for refusal to accompany a refusal recommendation to the Consent Authority may be prepared.

CEO Referral of DA or s96 Application

If for any reason the CEO believes that a conflict of interest exists, at any stage of the application assessment process he/she may:

  • Refer the application to the Executive Manager, Planning for advice and or determination as appropriate
  • Refer the Application to an independent expert for assessment
  • Refer the Application to the Department of Planning Urban Assessments Branch for advice and/or final determination

Determining the application

Local Development applications will be determined by the Consent Authority. The Consent Authority for Sydney Olympic Park is the Minister for Planning. However, in some case the Minister has delegated the determination of some DAs or s96 Applications to the Sydney Olympic Park Authority.

The Sydney Olympic Park Authority Board has no role in any part of the determination of an application lodged with the Authority.

Determination

The Consent Authority will determine a DA after considering:

  • The Assessment Report prepared for the Development Application by the Authority or an independent planning expert
  • Any supporting documentation submitted by the proponent as part of the DA
  • Any public submissions on the proposal
  • All relevant matters under NSW and/or Commonwealth legislation
  • Any draft conditions of consent or reasons for refusal
  • Any other information the Consent Authority may request

In addition to the provision of a Assessment Report, and any other consideration of assessment as outlined above, the Authority’s assessment officers may provide to the Consent Authority:

  • An executive summary of the Assessment Report outlining key issues;
  • An endorsement of any recommendations made by the assessing planner; and
  • Coordinate the preparation of a draft media release if required.

Notification of Determination

Following the determination, the Sustainability Unit will:

  • Notify the applicant and all the people or agencies who made public submissions on the DA or s96 Application of the decision
  • Provide copies of the determination to the applicant, DOP, the integrated approval bodies and any other relevant agencies
  • Make copies of the determination available at the Authority's Head Office and on the website
  • Advertise the decision in the local newspaper if required

More Information

For more information, call 9714 7139 or 9714 7383 or email planninginfo@sopa.nsw.gov.au.