Planning & Environmental Law glossary
Planning and environmental law is a state matter. In NSW, the principal statute is the Environmental Planning and Assessment Act 1979 (NSW), administered via local environmental plans (LEPs) and state environmental planning policies (SEPPs). This glossary covers 40 of the most commonly used terms.
This is a glossary of 40 key terms used in Australian planning and environmental law. Each term has a plain-English definition and, where applicable, a reference to the EP&A Act 1979 (NSW) or equivalent state legislation.
Definitions
Assessment pathway
The regulatory pathway through which a development is assessed — exempt, complying, local, or state-significant development.
BASIX certificate
A Building Sustainability Index certificate required in NSW for most residential developments — sets water, energy, and thermal targets.
Biodiversity Development Assessment Report (BDAR)
A report prepared by an accredited assessor for developments entering the biodiversity offsets scheme.
Class 1 appeal
A merit review appeal to the Land and Environment Court from a council refusal of a development application.
Class 4 proceedings
Judicial review proceedings in the Land and Environment Court challenging the legality of a planning decision.
Complying development
A type of development that meets predetermined standards and can be certified by a private certifier without a council DA.
Complying development certificate (CDC)
A certificate issued by a principal certifier approving complying development, bypassing the council DA process.
Condition of consent
A condition attached to a development consent — may regulate use, design, management, contributions, or environmental controls.
Consent authority
The body with power to determine a development application — typically the local council, a regional planning panel, or the Minister.
Contamination
The presence of substances in the environment that may pose a risk to human health or the environment. Subject to SEPP 55 (contamination) considerations.
Critical habitat
Habitat declared as critical to the survival of a threatened species under the Biodiversity Conservation Act.
Designated development
A category of development with potentially significant impacts requiring an EIS and public notification under the EP&A Act.
Development application (DA)
An application lodged with the consent authority for approval of proposed development under Part 4 of the EP&A Act.
Development consent
An approval issued by the consent authority granting permission to carry out development, subject to conditions.
Development contribution
A contribution (monetary, land, or works) imposed as a condition of consent to fund public amenities and services under the EP&A Act.
Environmental planning instrument (EPI)
A legal instrument made under the EP&A Act — includes LEPs and SEPPs — setting out controls on land use.
EP&A Act
The Environmental Planning and Assessment Act 1979 (NSW) — the principal NSW planning statute.
Gateway determination
A determination by the Department of Planning whether a proposed LEP amendment should proceed. A first step in the plan-making process.
Heritage conservation area
An area identified in an LEP as having heritage significance — imposes additional development controls.
Heritage item
An item identified in an LEP or the State Heritage Register as having heritage significance.
Integrated development
Development requiring the DA and one or more other approvals (for example, aquifer interference, roads, fisheries). Processed under s 4.46 of the EP&A Act.
Land and Environment Court
The specialist NSW court with jurisdiction over planning, environmental, and valuation matters.
Local environmental plan (LEP)
The principal EPI for a local government area. Zones land and sets out detailed local planning controls.
Matters for consideration (s 4.15)
The matters a consent authority must consider when determining a development application — the core statutory test.
Merit review
Review by the LEC that stands in the shoes of the original decision-maker — contrasted with judicial review.
Modification application
An application to modify an existing consent under s 4.55 of the EP&A Act. Subject to the "substantially the same development" test.
Neighbour objections
Objections lodged by neighbours during the public notification period for a DA. Must be considered in the assessment.
Planning agreement
A voluntary agreement between a developer and planning authority for the provision of public benefits, registered on title.
Planning proposal
A proposal to amend an LEP, submitted to the Department of Planning for a Gateway determination.
Principal certifier
The private or council certifier appointed to issue construction and occupation certificates under the EP&A Act.
Prohibited development
Development prohibited in a zone under the LEP. Cannot be approved by a consent authority.
Regional planning panel
A panel exercising consent authority functions for specified development types across multiple LGAs.
Section 7.11 contribution
A development contribution under s 7.11 of the EP&A Act for public amenities and services, imposed as a condition of consent.
SEPP
A State Environmental Planning Policy — an EPI made by the Minister that has statewide effect and may override LEPs.
Site compatibility certificate
A certificate issued under certain SEPPs confirming site compatibility with a particular development type (for example, seniors living).
State-significant development (SSD)
Major development declared by the Minister or an SSD SEPP — assessed by the Department, with the Minister or IPC as consent authority.
State-significant infrastructure (SSI)
Infrastructure projects declared state-significant — for example, highways, rail — assessed under Part 5 Div 5.2 of the EP&A Act.
Stop-work order
An order issued by a consent authority or the Department to stop unlawful work or breach of conditions.
Subdivision
Dividing land into parts for separate ownership or occupation. Requires development consent.
Voluntary planning agreement
A planning agreement offered voluntarily by a developer to provide public benefits, often in exchange for higher development standards.
Research these terms in context
Quillio is purpose-built for Australian planning practitioners. Use it to research these terms against current EP&A Act, LEC, and SEPP authority. See /practice-areas/commercial-lawyers or start a free trial.
These definitions are general explanations for educational purposes — not legal advice. Always verify against current legislation and case law before relying on them in a client matter.
Research these terms with citations.
Quillio gives you the term, the current authority, and a clickable citation — all in one place. The free trial requires no credit card and no sales call.
Start your free trial