September 1 - 30, 2026: Issue 658

 

NSW Government's 'Community Participation Plan' (CPP) Entrenches-Expands Exclusion of Community-Individual Voices: runs from 1 September, Development Types Excluded from Public Exhibition Include Demolition, Multi-Dwelling Housing, 2-storey Housing, Removal of trees - SSD's related to Housing still 14 days only

On Thursday 27 August 2026 the Minns Labor Government announced it has finalised its 'Community Participation Plan' and this will commence from September 1st 2026.

The 'CPP' formalises the 14 days for State Significant Developments in housing but retains the 28 days for all other Minns Government SSDs, limiting the time residents and communities which will be impacted will have to read through several documents, some hundreds of pages long, for proposals the government approves under its housing policy - as supported by the coalition. 

The government stated it is 'making it simpler and easier for communities to have their say on planning proposals replacing more than 100 separate plans currently in operation across NSW with a new statewide Community Participation Plan (CPP) from 1 September'.

''The new CPP will end confusion and give communities a clearer way to have their say on planning decisions, no matter where they live, by standardising consultation requirements across the state.'' 

''It reframes NSW’s approach to community consultation by putting greater focus on strategic planning and major complex development applications so that it is easier for people to have their say on the longer-term future of their community.

It introduces longer timeframes for the community to have their say on strategic planning proposals that set out where development should occur and where infrastructure is needed; while reducing the number of low-impact development application types required to be exhibited by councils, speeding up assessment and decision making.'' the government's released statement said

Entrenches-Expands Exclusion of Community-Individual Voices

However, community members point out the changes further reduce community input and scrutiny, and formalise the limited timeframe to read and respond to hundreds of pages of documents the government has framed housing SSD's under. 

Also of concern is that through removing requirements to exhibit plans for dwelling houses [of up to two storeys] will subject neighbours to not knowing if their own homes will be placed in jeopardy through being excluded from reading engineers reports and being able to scrutinise where water pipes will be funnelled, for instance.   

The plan also formalises 'Development types excluded from public exhibition' and includes, among others:

  • Ancillary development to existing residential accommodation (such as but not limited to pools, sheds, pergolas and carports)
  • Bed and breakfast accommodation
  • Change of use (excluding a change of use to a registered club or pub, and excluding any development that adjoins, or is located on, land in a residential zone)
  • Demolition
  • Dual occupancy (up to two storeys)
  • Attached dwelling (up to 5 dwellings)
  • Dwelling house (up to two storeys)
  • Multi dwelling housing (up to 5 dwellings)
  • Secondary dwelling
  • Tree Removal on private land

Being able to remove trees on private land without scrutiny signals allowing a free-for-all on what is left of Sydney's tree canopy and a wildlife massacre in the making as parcels and individual trees that form part of wildlife corridors are removed.

Concerns of how removing scrutiny of DA's will impact local environments these proposals are slated to be embedded into; creek beds - flood zones, bushfire zones, places with limited road capacity during evacuations, remain.

And, with the removal of scrutiny the whole planning system becomes open to corruption - as is playing out in the ICAC Operation Rosny hearings at present, along with past instances of councils being sacked and councillors gaoled due to 'under the table' grift, as well as the 'uplift in grift' residents are describing the reapplication for added height and density developers are now seeking for DA's that had already been approved - simply to increase the profits on completed homes that are far outside any 'affordable' purchase options the narrative surrounding these schemes keeps maintaining this is all for.

See July 2026 reports: Affordable Housing In Mona Vale More an Uplift in Grift than a Home Solution

Mona Vale Rally Issues an Invitation + Opportunity to Correct a Planning Mistake

The government states the final CPP was shaped by public feedback provided through over 1000 submissions on the draft plan.

''The final plan includes refinements to the list of low-impact development types excluded from notification and exhibition, as well as changes for draft district and regional plans and Local Strategic Planning Statements, recognising the importance of early consultation for long-term planning proposals.'' the government stated

''Local councils will still be able to tailor how they collaborate and consult with their communities, with supporting guidance on engagement strategies being rolled out in the coming month.''

''This is part of the Minns Labor Government’s landmark reforms to the nearly 50 year old Environmental Planning and Assessment Act which passed through parliament in November 2025 with almost universal support to make the planning system faster and fairer.'' the government said.

See: Scruby slams government and opposition teaming up to make it easy for developers as NSW Planning System Reform Bill passes - community asks: who are these elected Representatives actually representing?

For more information or to read the final Community Participation Plan visit https://www.planning.nsw.gov.au/statewide-community-participation-plan.

Minister for Planning and Public Spaces Paul Scully said:

“The new plan makes it clearer and simpler for people to understand when and how they can have their say on planning proposals.

“By creating one clear statewide approach we’re giving everyone in NSW a fairer way to have their say, no matter where they live.

“We don’t expect people to be experts to make a submission to the planning process but we want to make sure that people can have their say in a clear, simple and easily understood way.

“We have listened to feedback from councils, communities and stakeholders, to deliver a plan which will help create a faster, fairer and more outcomes focused planning system.”

May 2026 report Scruby Sounds Warning on NSW Government's 'Community Participation Plan': Flats, Shop-top housing, New Dwellings, secondary dwellings even trees to be exempt from Exhibition-consultation

The document lists under 'Table 5: Public exhibition timeframes for development applications':

Planning function Minimum exhibition timeframe - Application for development consent.

Exclusions:

a) complying development,

b) designated development,

c) nominated integrated development,

d) threatened species development,

e) State significant development, and

f) targeted assessment

g) development listed in Table 6 - 

14 days

Application for consent for the following State significant development:

• Housing development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation under the Planning Systems SEPP, Schedule 1, section 26

• In-fill affordable housing under the Planning Systems SEPP, Schedule 1, section 26A

• Build-to-rent housing under the Planning Systems SEPP, Schedule 1, section 27

• Seniors housing under the Planning Systems SEPP, Schedule 1, section 28

• Development in accelerated TOD precincts under the Planning Systems SEPP, Schedule 2, section 19

• Development declared under the EP&A Act, section 4.36(3).

Including on the recommendation of the Housing Delivery Authority

all 14 days

Application for development consent for targeted assessment development, including any amended application under the pathway 

14 days, unless a different period is specified in a State environmental planning policy7

Application for modification of development consent required to be publicly exhibited by the regulations

14 days8

Application for the review of a determination or decision of a consent authority (Division 8.2 review)

The same period as the development application or modification application was originally notified or advertised

Under 'Application for development consent for all other State significant development'

28 days

Development types excluded from public exhibition

Applications for development consent listed in Table 6 (other than applications for complying development certificates, designated development, nominated integrated development, threatened species development or for State significant development), are excluded from public exhibition, where the development:

• Does not require a variation to height of building or floor space ratio, under clause 4.6 of the Standard Instrument LEP (or an equivalent provision of any other environmental planning instrument).

Under 'Table 6: Development types excluded from public exhibition9' the document lists:

  • Ancillary development to existing residential accommodation (such as but not limited to pools, sheds, pergolas and carports)
  • Bed and breakfast accommodation
  • Change of use (excluding a change of use to a registered club or pub, and excluding any development that adjoins, or is located on, land in a residential zone)
  • Demolition
  • Dual occupancy (up to two storeys)
  • Attached dwelling (up to 5 dwellings)
  • Dwelling house (up to two storeys)
  • Multi dwelling housing (up to 5 dwellings)
  • Secondary dwelling
  • Exhibition home
  • Extensive agriculture
  • Farm building
  • Home business
  • Home industry
  • Home occupation
  • Industrial retail outlet
  • Infrastructure facility in the Alpine region10
  • Internal and external alterations and additions (excluding residential accommodation)
  • Internal and external alterations and additions to existing residential accommodation resulting in no more than two storeys
  • Kiosk
  • Repair and maintenance of recreation infrastructure, lifting facility, or snow-making infrastructure in the Alpine region
  • Roadside stall
  • Rural worker’s dwelling
  • Signage (excluding where it adjoins or is in a residential zone)
  • Subdivision of land resulting in no more than 5 new lots
  • Subdivision of land that is subject to an existing development consent for its current use.
  • Temporary structure
  • Tree removal on private land
  • Applications to modify a development consent made under section 4.55(1) of the EP&A Act
  • Applications to modify a development consent made under section 4.55(1A) of the EP&A Act
  • Applications to modify a development consent made under section 4.56(1) of the EP&A Act with minimal environmental impact
  • Applications to modify a development consent made under section 4.55(2) of the EP&A Act where the development the subject of the consent is specified in this Table

9: Where a word or expression used in the Table is defined in the Dictionary to the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006, that definition applies to the word or expression as used in the Table. 

10: As defined in Schedule 4A to State Environmental Planning Policy (Precincts—Regional) 2021.

The Document states under 'Key points to note about public exhibition'

Timeframes are measured in calendar days and include weekends.

• The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition period as outlined in Schedule 1 to the EP&A Act.

• In certain circumstances there may be merit appeal rights for a person who makes a submission to object during the public exhibition of a development application for designated development and some state significant development projects.

Public authorities are not required to make available for inspection any part of an environmental impact statement where this publication would, in the opinion of the public authority, be contrary to the public interest due to its confidential nature or for other reasons defined in relevant legislation, such as the Government Information (Public Access) Act 2009.

Sections 287 and 287A of the EP&A Regulation require submissions on State significant projects and other development applications where the Minister for Planning and Public Spaces, Planning Secretary or Independent Planning Commission is the consent authority, to be made through the NSW Planning Portal.

• The safety of community members, other stakeholders and staff must be considered during meetings, phone calls, and as part of any correspondence. Everyone has the right to participate in a respectful environment and are expected to behave in a manner that supports everyone’s right to present their point of view.

Get Notified - these will not be advertised

During the COVID-19 pandemic, the NSW Government introduced major changes to Development Application (DA) advertising and public notification requirements under the Environmental Planning and Assessment Amendment (Public Exhibition) Regulation 2020.

The primary shift was a transition from traditional print-based public notices to mandatory digital-first communications to maintain transparency during lockdowns.

Councils were legally allowed to publish DA notices and other public exhibition documents online rather than in local newspapers. The reason being this addressed the rapid decline and temporary closures of physical regional and local newspapers during the pandemic. It also minimised physical contact points.

The transition to the NSW Planning Portal for the one place for all DA's was part of this plan, as that shift had already been occurring. Physical inspections of DA plans at council offices were replaced. If a document was required to be made available for public inspection, it was legally satisfied by publishing it on the NSW Planning Portal or the council website.

There was a suspicion at the time this was to remove community and public scrutiny on what would be DAs that had no benefit to communities and establish a 'developer-led' carve up of areas the forced amalgamation of councils commenced, and that this would be made permanent - however, the proliferation of online news services we have in 2026 was limited in 2020. The digital switch certainly excluded, immediately, the digitally illiterate. 

As expected, the changes were made permanent, and included:

  • Fast-tracking assessments of State Significant Developments, development applications (DAs) and rezoning, with more decisions to be made by the minister if necessary.
  • Supporting councils and planning panels to fast-track locally and regionally significant DAs.
  • Investing $75.9 million to co-fund new community infrastructure in north-west Sydney including roads, drainage and public parks to unlock plans for the construction of thousands of new houses.
  • Extended opening hours for businesses including supermarkets: Most businesses in business areas will be able to open from 6am to 10pm with those in industrial zones able to be open for 24 hours
  • Businesses will continue to operate 24 hours a day for things like deliveries and non-trading activities in industrial and business zones
  • Dark kitchens and food trucks: Allowing dark kitchens to operate in existing commercial kitchens and food trucks to operate at any time (with some restricted times in residential areas)
  • Online public meetings and public planning panels will be made permanent to make it easier for the community to access. Planning panels and the Independent Planning Commission have the flexibility to hold hearings or meetings online, in person or as a hybrid of both.
  • Digital interviews and questioning: enforcement authorities will be able to continue to conduct interviews remotely via audio link or audio-visual link under various natural resources legislation.

However, residents and residents association members can sign up to receive notifications about housing SSDs on the NSW Government's Planning Portal to see what has been allowed to be listed as an SSD or other by the NSW Planning Minister or their delegates.

How to Sign Up for Alerts

Create an Account: Go to the NSW Planning Portal and sign in or register for an account.

Choose Subscription Types: You can select notifications based on three categories: 1. Individual projects (click 'Notify Me' on any project page) 2. Entire local government areas and 3. Specific development types (such as housing, energy, transport, or educational projects)

Manage Preferences: Navigate to 'Manage Subscriptions' within your account profile to update or review your active alerts.

A 'how to' page is available at: www.planningportal.nsw.gov.au/major-projects/services/subscribe-notifications

How will the effectiveness of the statewide Community Participation Plan be monitored?

The Government's FAQ's states:

''The statewide Community Participation Plan will be periodically reviewed as required under section 2.24(3) of the Environmental Planning and Assessment Act 1979.

The Department will continue to work with stakeholders to monitor the effectiveness of these changes so that we can speed up the delivery of new homes across the state.''