State Significant Development

State Significant Development (SSD) Assessment Process

The State Significant Development (SSD) assessment process in NSW ensures a thorough, transparent evaluation of state significant projects. Below are the key steps:

1. Application: Submit your application to the Department of Planning.
2. Environmental Impact Statement (EIS): Prepare and submit an EIS that meets the Secretary’s Environmental Assessment Requirements (SEARs).
3. Public Exhibition: The EIS is publicly exhibited for at least 28 days, allowing community input.
Collaborative Approach: We work closely with you, councils, and stakeholders to achieve the best outcomes.
4. Decision:The Independent Planning Commission or the Minister reviews the project and decides based on its merits.

Understanding SEARs

(Secretary’s Environmental Assessment Requirements):

Application Process: Apply to the Department to determine if your project qualifies as SSD and whether it needs industry-specific or project-specific SEARs.
Industry-Specific SEARs: Issued within 7 days for permissible projects, focusing on common industry assessment matters.
Project-Specific SEARs: Issued within 28 days, tailored to your project’s specific needs, and informed by a scoping report.
Expiry and Extension: SEARs expire if the EIS is not submitted within two years. Extensions are possible but cannot exceed a total of two years.

Preparing an Environmental Impact Statement (EIS):

Environmental Impact Statement (EIS)

The EIS must be clear, technically sound, and reflect community views. It must be prepared in line with SEARs and submitted with the development application.

A registered environmental assessment practitioner (REAP) must verify the EIS’s quality and completeness.

Our processes include

Collaborative Engagement: Initiate discussions with councils and authorities to understand assessment requirements and align the project with regulatory standards.
Scoping and Compliance: Prepare a scoping report to obtain SEARs, review compliance with planning requirements, and coordinate necessary specialist studies (e.g., traffic, air quality, fire management).
Stakeholder Consultation: Develop and implement a strategy for engaging stakeholders. Our strategy includes identification of key stakeholders, development of a project website, conducting community drop-in session, preparation and distribution of an information brochure and erection of onsite signage. Stakeholders are encouraged to visit and make submissions via the project website so activity can the reported.
Drafting the EIS: Compile a detailed EIS covering project descriptions, planning requirements, alternatives, impact assessments, stakeholder feedback and statistics, and mitigation measures.
Review and Submission: Assess the adequacy of all studies, revise the EIS based on feedback, and ensure a comprehensive, clear submission to the Department.
Project Team Liaison: Work with the project team to address design concerns, ensure accuracy, and maintain alignment with SEARs and project objectives.

Public Exhibition

Exhibition Period: SSD applications are publicly exhibited for a minimum of 28 days.
Community Participation: The community can submit feedback, which the applicant must address.
Public Hearings: The Minister may request public hearings to allow further community involvement.

Decision Making

Decisions are made by either the Independent Planning Commission (IPC) or the Minister for Planning, depending on project complexity, public interest, and other factors.
The IPC is the consent authority for State significant development applications where the following apply:

there are 50 or more unique public objections to the SSD application; and/or
the Applicant has made a reportable political donations disclosure; and/or
the local Council has objected to the SSD application and has not rescinded that objection following exhibition.

Appeal Rights

Judicial Review: Any person can seek a judicial review within three months of a decision.
Merit Appeals: Applicants can appeal if the consent authority fails to determine the application within 90 days.
If the Independent Planning Commission holds a public hearing before determining a DA, there are no merit appeal rights for that DA.

Post-Approval Compliance:

Post-Approval Requirements: Compliance with conditions of consent, additional approvals, and community involvement in tracking progress are crucial.
Compliance Monitoring: The Department monitors compliance through audits and inspections, ensuring adherence to conditions.
Urban Perspectives employs qualified environmental auditors who are experienced at undertaking compliance audits of State Significant Developments in accordance with the NSW Department of Planning’s Independent Audit Post Approval Requirements.