Planning pathways to deliver
Public authorities like Landcom can carry out certain projects without development consent if they assess the environmental impacts first. This faster process helps us deliver essential infrastructure, like affordable housing and other minor infrastructure works.
Learn more about self-assessment
Limited self-assessment powers
Landcom can determine some proposed development activities under Division 5.1 of the Environmental Planning & Assessment Act 1979.
Examples of activities which we might self-assess and determine include:
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small developments with up to 75 homes that are all affordable housing, including boarding houses and seniors living
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some community facilities, like amenities buildings for public reserves
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grass cutting and land clearing
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maintenance or delivery of essential infrastructure, including:
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roads, footpaths or bike paths
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stormwater drainage systems
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electric vehicle charging stations
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parks and landscaping.
Our self-assessment powers are limited. We can only determine proposed activities that are allowed under relevant environmental planning instruments.
Rigorous self-assessment process
The Guidelines for Division 5.1 Assessments prepared by the NSW Department of Planning, Housing and Infrastructure, explain the steps to:
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ensure compliance with legal requirements
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thoroughly assess and document potential environmental impacts to make sound, consistent, reasonable and defensible decisions about proposed activities.
Landcom’s process includes having an experienced independent town planner:
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review proposed activities to confirm they meet the legal requirements for self-assessment
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coordinate the environmental assessment to ensure that technical studies fully consider all environmental impacts.
For affordable housing proposals, an independent town planner must also review the environmental assessment reports to provide quality assurance.
Documenting environmental impacts
The environmental assessment process, called a ‘Review of Environmental Factors’, must look at all possible impacts of an activity on the environment. It may also suggest ways to mitigate them.
We will notify key stakeholders, including the local council, relevant agencies and neighbours to give them an opportunity to comment.
The results of the assessment process are detailed in a Review of Environmental Factors. If the proposal might significantly affect the environment, specific biodiversity reports or a full Environmental Impact Statement will be prepared.
Making defensible decisions
Landcom’s CEO will review all environmental assessment documents and feedback from stakeholders and make a final decision. We must publish determinations for works over $5 million on the NSW Planning Portal to provide transparency.
Frequently Asked Questions
Why can Landcom determine some development proposals, but others must be referred to another consent authority?
Most of our development proposals are assessed under Part 4 of the Environmental Planning & Assessment Act 1979 with a local council, the Planning Assessment Commission, a Joint Regional Planning Panel or the Minister for Planning and Public Spaces acting as the ‘Consent Authority’. Through this process, proposals get placed on public exhibition and independently assessed before a decision is made whether they can go ahead.
Sometimes Landcom can determine certain activities without development consent under Division 5.1 of the Environmental Planning & Assessment Act 1979. For these activities, we must assess the environmental impacts and consider whether there are ways to reduce them before deciding whether to proceed.
How long has Landcom been able to self-assess development proposals?
We have been able to self-assess certain minor infrastructure works, such as roads and parks, for many years. Since December 2023, a new self-assessment pathway for 100% affordable housing developments with up to 75 homes is available to Landcom. This change is part of the NSW Government’s suite of planning reforms to help build more affordable homes faster.
What activities can Landcom self-assess?
The activities Landcom can self-assess are listed in the:
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Housing State Environmental Planning Policy (Housing SEPP)
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Transport and Infrastructure State Environmental Planning Policy (Transport & Infrastructure SEPP)
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Biodiversity and Conservation State Environmental Planning Policy (Biodiversity SEPP).
How are environmental impacts assessed through the self-assessment process?
While self-assessment means that a development application does not need to be lodged with an external consent authority, like a local council, we must still thoroughly consider the likely impact of the activity on the environment and document the impacts in a Review of Environmental Factors report.
Where a proposal might significantly impact the environment, we may also be required to carry out specific biodiversity studies or an Environmental Impact Statement and publicly exhibit these documents before we can make a decision on the proposal.
What must be considered through the environmental assessment process?
Clause 171(2) of the Environmental Planning and Assessment Regulations 2021 lists the factors that we must consider through the environmental assessment process.
Who makes the final determination for proposals that Landcom self-assesses?
After reviewing all documentation, Landcom’s CEO can make the final determination on a proposal. The CEO will look at whether the environmental assessments are adequate and the proposed activity can go ahead, or if additional steps may be needed to reduce or minimise environmental impacts before the activity can start.
What assurances are there for the integrity of the environmental assessment process?
As a public authority, we must make sound and defensible decisions about proposed activities that we assess under Division 5.1 of the Environmental Planning & Assessment Act 1979.
The steps and rules for this process are in the Guidelines for Division 5.1 Assessment.
Landcom’ s process includes several measures to ensure compliance with the legal requirements and ensure fairness. For example:
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Staff and consultants must confirm they have no conflicts of interest.
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An independent planner must confirm that Landcom is able to act as the Determining Authority.
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We must seek legal planning advice if there is uncertainty about using the self-assessment pathway.
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Technical reports must be reviewed for quality assurance.
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For housing proposals, an independent town planner must review the reports.
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We must complete and verify checklists to confirm we have met all requirements.
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For works over $5 million, we must publish all documents including decision statements on the NSW Planning Portal or on our website before works start.
How is the community consulted as part of the self-assessment process?
Our Community Participation Plan explains how community stakeholders can participate in planning processes for activities we self-assess under Division 5.1 of the Environmental Planning and Assessment Act 1979.
As a minimum, the law requires us to notify and invite comments from local councils, agencies and immediate neighbours.
For affordable housing proposals or other proposals that may impact or be of interest to the community, we may provide extra notification and opportunities to engage through the environmental assessment processes.
Are documents related to the self-assessment process made public?
For activities over $5 million, we must publish all relevant environmental assessment documents and supporting technical reports on the NSW Planning Portal. This provides transparency and accountability to support robust and defensible decision making for proposals that we determine through self-assessment.
Self-assessment process
