NSW Development Notification Rules Changed

A nearby building proposal may now enter the NSW development assessment system without a notification letter being sent to surrounding residents. The reason is a statewide change introduced on 1 September 2026, when one Community Participation Plan began governing public exhibition requirements for councils and other planning authorities across NSW.

For homeowners, the important change is practical rather than procedural: several common residential proposals can now be assessed without being formally exhibited to the public. That outcome is only available when the development fits an exempt category and satisfies the relevant limits, including applicable height and floor space ratio controls.

What Changed on 1 September 2026?

Until the new system commenced, notification rules were largely set through separate plans maintained by individual councils and other authorities. As a result, the consultation process for comparable proposals could differ from one council area to another.

The NSW Statewide Community Participation Plan now sets common rules across NSW. Existing council participation plans no longer determine the statutory exhibition requirements, although councils can continue to tailor broader engagement methods through community engagement strategies.

Which Developments May Not Be Publicly Notified?

The new plan identifies lower-impact development types that do not require public exhibition when the relevant conditions are met. Examples include:

• new one or two-storey dwelling houses;
• alterations and additions to existing dwellings;
• dual occupancies of up to two storeys;
• secondary dwellings, commonly called granny flats;
• attached dwellings and some small multi-dwelling housing proposals;
• some demolitions and ancillary development; and
• some small subdivisions.

This is not a blanket exemption. The precise category and conditions matter. In particular, the exemption generally depends on the proposal complying with the applicable height and floor space ratio controls. A proposal outside those controls, involving a variation request, or falling into another exhibition category may still need to be notified or publicly exhibited.

What Still Requires Notification or Public Exhibition?

The statewide plan retains public exhibition requirements for development that is not within an exempt category. Depending on the proposal, this can include:

• residential flat buildings and shop-top housing, which remain subject to a minimum 14-day exhibition period;
• proposals that exceed the relevant height or floor space ratio controls;
• applications relying on a request to vary a development standard;
• larger, more complex or higher-impact proposals; and
• categories requiring notification under planning legislation, including designated development, nominated integrated development, threatened species development and State significant development.

The answer depends on the development type, planning pathway and controls applying to the land. The absence of a letter does not necessarily mean that no application exists.

Does “No Notification” Mean “No Assessment”?

No. A development application exempt from public exhibition must still be assessed by the consent authority. The assessment officer must consider the matters required by planning law, which may include impacts on privacy, overshadowing, views, traffic, landscaping, heritage and neighbourhood amenity.

However, neighbours may not receive a formal invitation or a set period in which to make a submission. This makes early monitoring and prompt action more important.

How to Monitor Development Near Your Home

1. Check your council’s DA tracker regularly

Most councils provide an online search facility showing recently lodged, advertised and determined applications. Search your address and nearby streets rather than waiting for a letter. For Norwest and Hills District residents, The Hills Shire Council provides an Application Tracking Portal covering applications from lodgement through to determination. Council also publishes weekly lists of development and subdivision applications received and determined.

2. Use NSW planning tools

The NSW application tracker links residents to council tracking services. The NSW Planning Portal Spatial Viewer can help identify planning controls applying to a property.

3. Keep a simple weekly routine

If nearby development would materially affect you, consider checking the tracker weekly. Record the application number, address, date lodged, status and any exhibition closing date. Download available plans and reports because documents may be updated during assessment.

4. Contact council promptly

If an application concerns you, ask council whether it is being exhibited, whether submissions will be accepted and what deadline applies. Where a formal submission is available, focus on planning considerations and the specific impacts shown in the plans.

What if You Discover an Application Late?

Act quickly. Confirm the status and obtain the current plans from council. If an exhibition period is open, note the closing date immediately. If there is no formal exhibition, ask council what avenues remain and whether relevant amenity impacts can be brought to the assessing officer’s attention.

Options after determination can involve strict time limits, standing requirements and significant cost. Early advice is generally more useful than waiting until building work begins.

Applications Lodged Before 1 September 2026

The commencement date does not automatically move every pending matter into the new system. An application or modification lodged before 1 September 2026, but still awaiting a decision on that date, continues under the participation rules that governed it before the statewide plan began.

How Russell Kelly & Associates Can Assist

Russell Kelly & Associates advises on NSW property and development matters, including contracts, title issues, easements, covenants, development projects and disputes affecting land. If a proposed development may affect your property rights or you need advice about a property transaction, early legal advice can help identify the issues and available options.

Read more about our Property Law and Conveyancing and Property Development services.

This information is general in nature and does not constitute legal or planning advice. Notification requirements and available options depend on the particular application, planning pathway, property and timing. Information current as at 9 September 2026.