The NSW Government is committed to delivering effective, efficient and transparent planning services through the NSW Planning Portal and the current ePlanning Program proposes to further drive the digital transformation of all planning services by implementing an expanded digital services platform. The use of the Portal in this manner will make it easier for the public and government agencies to interact with each other and the planning system.

On 27th of November 2019, the NSW Premier announced a major planning reform designed to:

1. Cut red tape, increase transparency, reduce assessment timeframes and make ePlanning mandatory for metropolitan councils
2. Supercharge new hubs across NSW to ensure people can live in communities close to their work
3. Fix the uncertainty of developer contributions to boost investment
4. Preserve our heritage, create beautiful new public places, and promote good design.

To facilitate this reform, the Environmental Planning and Assessment Regulation 2000 was amended to:

• Require Consent Authorities within Sydney metropolitan, Illawarra and up to Newcastle Local Government Areas, to start accepting Development Application (DA), Complying Development Certificate (CDC) and Post Consent Certificates lodged via ePlanning Digital Services from 1 July 2020. It is mandatory for 100% of these applications to be lodged via the ePlanning Digital Services from 31 December 2020.
• Require Consent Authorities within other Local Government Areas (excluding the already mandated metropolitan, Illawarra and up to Newcastle Local Government Areas), to start accepting Development Application (DA), Complying Development Certificate (CDC) and Post Consent Certificates via ePlanning Digital Services from 1 January 2021. It is mandatory for 100% of these applications to be lodged via the ePlanning Digital Services from 1 July 2021.
• Introduce a digital service transaction fee for all applications lodged via the NSW Planning Portal. Fee would be nominal service fee per application and would be quarantined for ongoing improvements of digital services.

1. Which services are mandatory?

From 1 July 2020, Councils and Principal Certifying Authorities (PCAs) operating in 48 local government areas, including all Sydney metropolitan councils, the Illawarra, Central Coast, Newcastle, Maitland, Tweed, Shoalhaven, Port Macquarie-Hastings and Coffs Harbour; were required to start accepting and processing:

• Development Applications (DA)
• Complying Development Certificates (CDC)
• Post Consent Certificates (including Construction Certificates, Subdivision Certificates, Occupation Certificates, and Principal Certifying Authority inspections)

The use of these online services will become mandatory for the remaining 80 councils on 1 July 2021. Councils can start using the online services on a voluntary basis prior to this time.
The other application types that must be completed via the NSW Planning Portal are:

• Occupation Certificate (OC) Audit document lodgement
• Concurrence and Referrals
• Planning Panels
• Secretary’s Intervention
• Online Submission Service
• Special Infrastructure Contributions
• State Voluntary Planning Agreement
• Strata Bond Lodgement

To find out which NSW Councils are using these services, please go to the NSW Planning Portal.

2. Services available on the NSW Planning Portal

The NSW Planning Portal is an online environment where the community, industry and government can work together to better understand and meet their obligations under the Environmental Planning and Assessment Act 1979 (the Act).

It hosts a range of digital planning services, mapping and reporting tools to assist everyone involved in a proposed development. The digital services, accessed via dashboards, improve application determination times, increase transparency of the planning system, and ensure greater accountability of all stakeholders.

Established under the Act, the NSW Planning Portal is also the legal repository for certain planning documents, such as Ministerial Orders. The ePlanning Digital Services available on the NSW Planning Portal are:

• BASIX Certificate
• Complying Development Certificate (CDC)
• Development Application (DA)
• Construction Certificate (CC)
• Principal Certifier Appointment (PCA)
• Occupation Certificates (OC)
• Section 10.7 Planning Certificate under Section 10.7 of the Environmental Planning and Assessment Act 1979
• Section 138 of the Roads Act 1993 approval
• Section 68 of the Local Government Act 1993 approval
• Special Infrastructure Contribution (SIC)
• Strata Building Bond
• Subdivision Certificate (SC)

Documents related to an Occupation Certificate (OC) Audit and lodgement of a State Significant Development (SSD) or State Significant Infrastructure (SSI) applications can also be done via the NSW Planning Portal.

3. How to register?

To access the services available on the NSW Planning Portal, you will need to register for a NSW Planning Portal account using a unique email address.

The role you select when you create your account will determine what you will be able to do in the Portal and what information you will be able to access.

1. Applicant

This profile is used in most instances.
It is suitable for homeowners, consultants and anyone who is looking to submit a range of planning applications, including:

• Development Assessment
• Complying Development
• Appointment of a Principal Certifier
• Subdivision Certificate
• Occupation Certificate
• Section 10.7 Planning Certificate
• State Voluntary Planning Agreement offers
• Special Infrastructure Contribution assessment
• Site Compatibility Certificates
• Secretary Intervention requests
2. Property Developer

This profile is used by Property Developers who are required to use the NSW Planning Portal to meet their reporting obligations under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW).
It will allow a property developer to:

• upload Issued for Construction Plans and As-built documentation
• lodge an Intent to seek an Occupation Certificate with the Secretary of the Department of Customer Service
• initiate a Strata Building Bond.

Use the Applicant user type if you are wanting to lodge a different type of application (including an Occupation Certificate) or perform a different function within the NSW Planning Portal.

3. Council

This profile is used by appropriate staff working at a NSW Council.

4. Private Accredited Certifier

This profile is used by Accredited Certifiers to review and determine applications and to register Certificates with Councils.

5. DPIE User

This profile is used by appropriate staff working for the NSW Department of Planning, Industry and Environment (DPIE).

6. State Agency

This profile is used by appropriate staff working for a NSW State Government Agency.

7. Better Regulation Division

This profile is used by appropriate staff working for the Better Regulation Division.

4. Complying Development Certificate

Follow the process from the lodgement of a Complying Development Certificate application through to the determination of an Occupation Certificate.

1. Submit a Complying Development Certificate application

The applicant logs into the NSW Planning Portal, completes and submits a Complying Development Certificate application, selecting a nominated Principal Certifier from those registered with the NSW Planning Portal.

Once the application form is submitted, the nominated Principal Certifier will receive an email via the NSW Planning Portal to advise that a Complying Development Certificate application has been submitted and is awaiting their review.

The nominated Principal Certifier will review the application for completeness and if additional information is required, it will be requested through the Portal.

At this point, the certifier can accept the application for assessment, collect any contract details, and request fees. Please note that the payment of fees occurs outside the NSW Planning Portal.

Once the application is accepted, the application status changes to lodged.

2. Determine the Complying Development Certificate application

The nominated Principal Certifier will assess the application, seeking additional information and amended documentation if necessary.

The Principal Certifier will provide their determination via the NSW Planning Portal.

The Principal Certifier can register the Complying Development Certificate and associated documents with the relevant Council through the Portal, including the $36 payment.

The applicant will be notified of the determination via email.

3. Appoint a Principal Certifier

The applicant then appoints a Principal Certifier to oversee the construction processes in accordance with the Certificate. The nominated Principal Certifier conducts required inspections during the construction phase and records those inspections in the NSW Planning Portal.

Once the final inspection has been conducted, the Principal Certifier uploads the determination to the NSW Planning Portal. Once the determination has been uploaded, the applicant is notified with an option to apply for an Occupation Certificate.

4. Apply for an Occupation Certificate

When the building process is complete, the applicant applies for an Occupation Certificate.
The nominated Principal Certifier reviews the application and if it is complete, accepts it for assessment. If it is incomplete, the certifier can request additional information at any time.

5. Determine the Occupation Certificate

Once satisfied, the Principal Certifier determines the application by uploading the Occupation Certificate to the NSW Planning Portal.

The Principal Certifier can then register the Occupation Certificate and associated documents with the relevant council through the Portal and pay the $36 fee via the NSW Planning Portal’s payment gateway.

The applicant is notified of the determination via the NSW Planning Portal.

5. Development Application

Follow the process from the lodgement of a Development Application for a Class 2 building through to the determination of an Occupation Certificate.

1. Applicant submits a development application

The applicant logs into the NSW Planning Portal, completes and submits a Development Application.

2. Council reviews the application

The application is reviewed by the relevant Council for completeness.
If it is accepted for assessment, fees are paid and the status of the application changes to lodged.
Note: If additional information is required, it will be requested through the NSW Planning Portal at any stage prior to determination.

3. Council assesses the application

The Council will assess the application, exhibit the development application and refer it to the relevant State Agencies via the NSW Planning Portal (where necessary).

4. Council notifies the applicant of determination

Once the assessment is complete the Council will upload the determination via the NSW Planning Portal, automatically notifying the applicant of the outcome.

5. Applicant applies for Construction Certificate

The applicant is then able to complete an application for a Construction Certificate, including selecting the Principal Certifier and paying necessary fees.
Note: This can be made in advance of the Development Application determination being received.

6. Principal Certifier conducts inspections

The nominated Principal Certifier will conduct a series of inspections that validate construction plans are in accordance with the development consent.
If agreed, the Construction Certificate can be issued at any point prior to the application for an Occupation Certificate.

7. Applicant appoints a Principal Certifier

The applicant appoints a Principal Certifier.
Once the appointment is accepted, a system-generated email is sent to the Property Developer listed on the application to upload the Issued for Construction plans.

8. Property Developer uploads the Issued for Construction plans

The Property Developer logs into the NSW Planning Portal using their Property Developer account and uploads the Issued for Construction plans.

9. Principal Certifier performs inspections

Throughout the construction process, the Principal Certifier performs the required inspections and records the results.

10. Property Developer initiates intent to seek an Occupation Certificate

The Property Developer initiates the intent to seek an Occupation Certificate by selecting the Intent to seek OC option from the Actions menu. This should occur at least 6 months prior to the completion of the development. If construction will be completed in under 6 months, the intent to seek an Occupation Certificate should occur 30 days prior to completion.
By initiating the Intent to seek an Occupation Certificate, the Property Developer is notifying NSW Fair Trading of the expected completion date of the project.
The Property Developer will also be prompted to upload the interim As-built documents.

11. Review by Strata Building Bond and Occupation Certificate Audit teams

If the building is to be strata subdivided, the application will be reviewed by the Strata Building Bond and the Occupation Certificate Audit teams.
The Strata Building Bond and Inspection Scheme team at NSW Fair Trading and the Property Developer will mutually agree on the Strata Bond details. The lodgement fee will then need to be paid by the Property Developer via the Service NSW payment gateway.
The Strata Building Bond and Inspection Scheme team at NSW Fair Trading and the Property Developer will mutually agree on the Strate Bond contract price.
The proposed development may be selected for an Occupation Certificate Audit. The audit involves a review of designs and documents (including contracts) for building work, as well as a physical inspection, by inspectors from the Department of Customer Service. If the development passes the audit or no audit was deemed necessary, and the construction is compliant with the development consent, the applicant can apply for an Occupation Certificate.

12. Applicant applies for an Occupation Certificate

The applicant applies for an Occupation Certificate.
Once the application has been accepted, the Principal Certifier will perform an assessment and the Property Developer will receive a notification to upload the as-built documents.

13. Property Developer uploads as-built documents

The Property Developer uploads the as-built documents via the Planning Portal.

14. Principal Certifier issues the Occupation Certificate

The Principal Certifier conducts the final inspections against the as-built designs and issues the Occupation Certificate.
Once this has been input, the applicant will receive an email notification.

15. Registered Building Practitioner provides final designs

Within 90 days of the Occupation Certificate being issued, the final as-built regulated designs must be provided by the Registered Building Practitioner. Failure to do so will result in the Better Regulation Division being notified.

6. Summary

1. Applicant submits a development application
2. Council reviews the application
3. Council assesses the application
4. Council notifies the applicant of determination
5. Applicant applies for Construction Certificate
6. Principal Certifier conducts inspections
7. Applicant appoints a Principal Certifier
8. Property Developer uploads the Issued for Construction plans
9. Principal Certifier performs inspections
10. Property Developer initiates intent to seek an Occupation Certificate
11. Review by Strata Building Bond and Occupation Certificate Audit teams
12. Applicant applies for an Occupation Certificate
13. Property Developer uploads as-built documents
14. Principal Certifier issues the Occupation Certificate
15. Registered Building Practitioner provides final designs