Inquiry into historical development consents in NSW has been announced today

A new inquiry by the Legislative Assembly Committee on Environment and Planning will be looking into historical development consents in New South Wales. Also known as “zombie developments”, historical development consents are development projects which were approved years or sometimes decades ago but remain unfinished with minimal work completed. Sometimes, work on these developments may restart after years or decades of no activity.

‘Zombie developments reflect the law at time the development consent was initially granted. Planning and environmental standards have changed since some of these older consents were issued and the community’s expectations have shifted too,’ said Chair, Clayton Barr MP.

‘We are calling for submissions on the impact of these development consents on the NSW planning system, development industry and property ownership. We would also like to consider policy and legal solutions to address the issue, including what other jurisdictions have done to address similar issues.’

‘The Committee would really like to hear from members of the community, businesses and local councils who live near or are affected by historical development consents.’

As part of the inquiry, the Committee will also consider any barriers in using the current planning framework to address the issue and the benefits and costs to taxpayers if action is taken on the issue.

Inquiry into historical development consents in NSW Terms of reference

That the Committee on Environment and Planning inquire into and report on historical development consents in New South Wales, including:

(a) The current legal framework for development consents, including the physical commencement test.

(b) Impacts to the planning system, development industry and property ownership as a result of the uncertain status of lawfully commenced development consents.

(c) Any barriers to addressing historical development consents using current legal provisions, and the benefits and costs to taxpayers of taking action on historical development concerns.

(d) Possible policy and legal options to address concerns regarding historical development consents, particularly the non-completion of consents that cannot lapse, and options for further regulatory support, including from other jurisdictions.

(e) Any other matters.

Further information on the inquiry and how to make a submission is available on the Committee’s webpage.

Submission close on Monday, 3 June 2024.