The NSW planning reforms of 2025 and 2026 are moving DA decisions to two levels only: council staff and local planning panels (LPPs). Under the Planning System Reforms Act 2025, the regionally significant development pathway and the Sydney district and regional planning panels are being repealed in stages. From 16 January 2026, new regionally significant development applications, and most pending ones, are determined by the relevant local planning panel wherever an LPP exists. From 21 March 2026, an applicant whose DA or modification was determined by council staff can elect to have a review decided by the local planning panel. For developers of larger townhouse, apartment and mixed use projects, that changes who decides, how the meeting runs and which review options are available.
Key takeaways
- The reforms create a single panel model based on local planning panels; once fully implemented, all DAs will be determined either by council staff or LPPs.
- From 16 January 2026, any new regionally significant development (RSD) application, and most pending ones, are determined by the relevant LPP where an LPP exists.
- RSD applications stay with the Sydney district or regional panel only if lodged before 4 September 2024, if the council had submitted its assessment report to the panel by 16 January 2026, or if a deemed refusal appeal was underway at that date.
- The Planning Secretary can now constitute joint local planning panels in areas without them, after consultation, and regional panels continue to operate where no LPP exists for now.
- From 21 March 2026, an applicant can elect for a review of a staff decision to be determined by the LPP; a review of an LPP decision is still decided by the panel.
Who this is for: developers and consultants with larger residential or mixed use DAs in Greater Sydney, Wollongong, the Central Coast and regional NSW, who need to know which panel will decide their application and how the 2026 review options work.
What changed for regionally significant development?
The NSW Department of Planning, Housing and Infrastructure’s information sheet on the first commencement of the Planning System Reforms Act 2025 explains the transition. Amendments to section 2.17 of the EP&A Act commenced on 15 December 2025, allowing the Planning Secretary to constitute joint local planning panels where none exist, although that power is not being used immediately and consultation with Local Government NSW and affected councils comes first. Crown DAs that councils do not determine in time now go to the LPP rather than the Sydney district panel, in Greater Sydney, Wollongong and the Central Coast.
From 16 January 2026, an amendment to section 275 of the EP&A Regulation 2021, a new instruction and a new section 9.1 direction divert new and most existing RSD applications to LPPs, but only where an LPP exists. The exceptions, where the Sydney district or regional panel keeps the application, are:
| RSD application stays with the district or regional panel if |
|---|
| It was lodged before 4 September 2024 |
| The council had submitted an assessment report to the panel by 16 January 2026 |
| A deemed refusal appeal was underway as at 16 January 2026 |
In areas with no LPP (much of regional NSW), the regional planning panels continue for now. Legal commentary on the Department’s timetable indicates LPPs are intended to be rolled out across NSW by 1 January 2027, but timetables can change, so check the position for your council.
How do reviews work with local planning panels now?
The second commencement, on 21 March 2026, changed Division 8.2 reviews. The Department’s FAQ explains the panel options:
- An LPP review is available for any DA or modification originally determined by council staff under delegation.
- An applicant cannot elect for a staff decision to be reviewed by the elected council, only by an LPP.
- An applicant cannot choose a specific person in council; the review must be by an officer not subordinate to the original decision maker.
- The election can be changed after lodgement, but the applicant should tell the council promptly.
- If the original decision was made by an LPP, the review must also be conducted by the panel.
- Where a council has no LPP, reviews of staff decisions continue to be done by council officers.
Reviews can now be lodged within 6 months of the determination, with no time limit on the decision, and the 6 month appeal period pauses while a review is underway.
What does this mean for a development strategy?
- Know your decision-maker early. For an RSD-scale project, confirm whether your council has an LPP and whether any transitional exception applies.
- Prepare for a public meeting. LPP meetings follow the panel’s operational procedures, often with registered speakers. Applicants should be ready to address the key issues briefly and precisely.
- Engage the assessment officer. The council’s assessment report and recommended conditions remain central to how the panel decides.
- Use the review election thoughtfully. If a staff refusal turned on judgement rather than a clear control, an LPP review gives an independent second look without going to court.
- Keep the appeal option in view. An appeal cannot be lodged while a review is underway, but the appeal clock pauses, so the review does not cost appeal time.
Definitions
- Local planning panel (LPP)
- An independent panel of experts and community members that determines certain DAs, and reviews, on behalf of a council.
- Regionally significant development (RSD)
- A category of larger development, defined by value and type, previously determined by Sydney district or regional planning panels; the pathway is being repealed in stages.
- Joint local planning panel
- A panel the Planning Secretary can constitute to serve one or more councils that do not have their own LPP.
- Division 8.2 review
- A review of a DA or modification decision, which since March 2026 an applicant can elect to have decided by the LPP where staff made the original decision.
- Section 9.1 direction
- A ministerial direction under section 9.1 of the EP&A Act, used here to direct the referral of RSD applications to LPPs.
Frequently asked questions
Who decides a regionally significant DA in Sydney in 2026?
From 16 January 2026, the local planning panel, unless the application was lodged before 4 September 2024, the assessment report had already gone to the district panel by 16 January 2026, or a deemed refusal appeal was then underway.
Can I ask the local planning panel to review a refusal by council staff?
Yes. Since 21 March 2026 you can elect to have the review determined by the LPP, where the council has one.
Can I ask the elected council to review my DA?
No. The election is only to the LPP. Otherwise the review is done by an officer not subordinate to the original decision maker.
Do regional planning panels still exist?
For now, in areas without a local planning panel. The reforms phase them out as LPPs, including joint LPPs, are established.
We prepare panel-ready assessment material and present at local planning panel meetings for larger townhouse and apartment and mixed use projects, and advise on review elections after a refusal. If your DA is heading to a panel, request a fee proposal.
Sources and references
- NSW Department of Planning, Housing and Infrastructure, Information sheet: First commencement of the Planning System Reforms Act 2025, accessed October 2026
- NSW Department of Planning, Housing and Infrastructure, Information sheet: Second commencement of the Planning System Reforms Act 2025, accessed October 2026
- NSW Department of Planning, Housing and Infrastructure, Planning System Reforms second proclamation FAQ, accessed October 2026
- Mills Oakley, Major changes to planning laws to proceed under the Planning System Reforms Act, accessed October 2026
Information disclaimer. This article is general planning information prepared by the URBA Planning Team and is current at the date of publication. It is not planning, legal or financial advice for any specific property. Planning instruments, development control plans, state policies and the National Construction Code are amended regularly and councils interpret them differently; the controls quoted here should be confirmed against the versions in force at the date of lodgement and against the consent authority’s current requirements. Reliance on this article is at the reader’s own risk. URBA Planning, a division of Contrive Consultants Pty Ltd, accepts no liability for loss arising from its use. For advice on a specific site, contact URBA for a fee proposal.