Concurrence and referral process

Local councils are required to refer pertinent development applications to us via the NSW Planning Portal.

Certain development applications require approval from a NSW Government agency (the approval body) before a determination can be made by the local council (the consent authority).

Essential documents to attach with development application referrals expand

Heritage applications require specific documentation for assessment to occur. This essential supporting documentation must be uploaded to the NSW Planning Portal (depending on the scope of the application):

Development application referrals (DAR)

Aboriginal cultural heritage

Statement of environmental effects
existing and proposed drawings and drawing schedule
Aboriginal cultural heritage assessment report, prepared in line with the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW and Heritage NSW requirements. See Aboriginal objects and places for details.

Environmental heritage

Statement of environmental effects
Statement of heritage impact (following the 2023 guidelines)
existing and proposed drawings and drawing schedule.

When there is known or suspected historical archaeology to manage, also:

Archaeological assessment report
Archaeological research design and excavation methodology.

Integrated development applications (IDA)

See Integrated development for the essential supporting documents to provide.

Document naming conventions

To make documents easily identifiable in the portal, we request the following naming convention to be followed:

Proposal name or description – address - document type

For example: Alterations to dwelling – 7 Moonshine Place Dubbo – SOHI

File names should not exceed 100 characters.

This list shows some common document types and acronyms recognised by us:

Document type	Acronym to be used in the naming convention
Aboriginal Cultural Heritage Assessment Report	ACHAR
Amended documentation and plans (any type)	Amended [item type]
Archaeological Assessment (Historical)	AA
Archaeological Management Plan	AMP
Archaeological Research Design	ARD
Archaeological Zoning Plan	AZP
Conservation Management Plan	CMP
Landowner’s consent	Landowner
Development Application	DA
Due Diligence	DD
Drawing	Dwg 1; Dwg 2 etc
Heritage Impact Statement	HIS
Plan	Plan 1; Plan 2 etc
Statement of Environmental Effects	SEE
Statement of Heritage Impact	SOHI

Drawing table

A list of drawings in a table supports efficient assessment by us. Here is an example of how applicants should present the list of drawings (Dwg) submitted for assessment. Upload the drawing table to the portal as a Word document.

Dwg No	Dwg Title	Date	Rev
Proposal/site Name:

When to refer an integrated development application expand

Aboriginal cultural heritage

Refer the development application to us when the proposal will harm a known Aboriginal object or place.

Environmental heritage

Refer the proposal to us for input by the Heritage Council (or delegate) when the project area includes a State Heritage Register listed item or is subject to an interim heritage order that has not been gazetted by the local council.

If a local council has imposed the interim heritage order, then the council is the approval body for any Heritage Act applications while the order is in place.

Check the State Heritage Inventory to confirm the heritage listing.

How to refer an integrated development application expand

In the portal select either:

Clause	Clause Description	Type	Application type
National Parks and Wildlife Act 1974 s90	National Parks and Wildlife Act 1974 s90	Integrated	Development application
or
Heritage Act 1977	Heritage Act 1977	Integrated	Development application

City of Sydney Council has delegation for integrated development applications (IDA). An existing IDA being assessed by City of Sydney may be referred to us as an archaeological referral for comment.

When to refer a development application referral expand

A development application referral (DAR) requires development consent only, however a local council can request heritage advice from us.

Refer a DAR to us when:

Aboriginal cultural heritage

1. an environmental planning instrument requires referral for comment on Aboriginal cultural heritage.

For Aboriginal cultural heritage, development application referrals are mostly non-statutory requests. However, some environmental planning instruments require local councils to refer development application referrals to us when a proposal is likely to impact an Aboriginal Place or site that has, or is reasonably likely to have, Aboriginal cultural significance.

Only development application referrals related to certain environmental planning instruments will be accepted.

Environmental heritage

2. the project area adjoins or is adjacent to (in the vicinity of) a:

State Heritage Register listed item
site that is subject to a nomination for the State Heritage Register
site subject to an interim heritage order that has not been gazetted by the local council.

3. the proposal involves excavation on sites suspected or known to contain historical archaeological relics.

Such sites may be identified:

in an advisory document such as an archaeological management plan which has assessed the archaeological potential and/or significance of an area
as an archaeological item in an local environmental plan or in a schedule (e.g. an archaeological conservation area)
in an archaeological assessment as containing archaeological relics of (potential) State significance.

4. the proposal involves demolition of a nominated State heritage item (which means a local item potentially of State significance but not listed on the State Heritage Register).

For environmental heritage, development application referrals will also be accepted if an environmental planning instrument requires a local council to refer it to us.

Local environmental plans include a requirement for local councils to notify the Heritage Council of NSW in certain circumstances. Local councils must take into consideration any response received from us within 28 days of referral.

How to refer a development application referral expand

In the portal select either:

Clause	Clause description	Type	Application type	Reason
Non-statutory Aboriginal cultural heritage referral	Non-statutory Aboriginal cultural heritage referral	Referral	Development application	(Local council to provide reason or direction)
or
Local Environmental Plan Cl 5.10	Local Environmental Plan Cl 5.10	Referral	Development Application	(Local council to provide reason or direction)

There are some environmental planning instruments (EPIs) which require referral of certain applications for heritage comment. The clauses relating to these EPIs will appear in the pick list for relevant local councils in the portal.

The clauses for development application referrals (DARs):

Clause description	Heritage NSW information
Murray Regional Environmental Plan No 2 - Riverine Land, clause 12	Adversely affected land or endangered fauna under the National Parks and Wildlife Act 1974
State Environmental Planning Policy (SEPP) (Kurnell Peninsula) 1989	Managing heritage items and relics; development of known or potential Aboriginal sites
State Environmental Planning Policy (SEPP) (Western Sydney Aerotropolis) 2020, clause 28	Conserving and managing Aboriginal cultural heritage and environmental heritage
State Environmental Planning Policy (SEPP) No 47-Moore Park Showground	Managing heritage significance and relics at Moore Park Showground
Sydney Regional Environmental Plan (SREP) No 16 - Walsh Bay, clause 16	Managing heritage significance and relics associated with the Walsh Bay Conservation Zone
Sydney Regional Environmental Plan (SREP) No 30-St Marys	Managing Aboriginal cultural heritage and environmental heritage and relics

When we will reject a development application referral expand

To reduce the administrative burden on all parties, development application referrals will not be accepted in the following circumstances:

1. works relating to:

where there are known Aboriginal objects (which will be harmed)
an Aboriginal Place (which will be harmed)
a State Heritage Register listed item
a site subject to an interim heritage order

These proposals must be referred as integrated development applications (IDAs).

2. there is insufficient information provided (essential supporting documents).

3. where an Aboriginal Cultural Heritage Assessment Report concludes that Aboriginal objects and/or cultural values will not be impacted through the proposed activity.

4. where a due diligence assessment has been provided as a supporting document.

5. the proposal relates to a local heritage item where relics have not been identified.

6. the proposal does not adjoin or is not adjacent to (i.e. it is not in the vicinity of) a State Heritage Register listed (SHR) item, a site subject to an interim heritage order or a site with an SHR nomination.

7. where an historical archaeological assessment or statement demonstrates there are no known or suspected relics to manage.

8. where an historical archaeological assessment or statement indicates there is a low likelihood of relics to manage.

If we reject a development application referral for any of these reasons, this will be shown in the NSW Planning Portal.

When to refer a modification application (s4.55) expand

Refer a modification application (s4.55) of an integrated development application (IDA) or development application referral (DAR) to us when:

Aboriginal cultural heritage

1. the project area includes a known Aboriginal Place or known Aboriginal object(s)

and the modification relates to an existing consent and may affect the General Terms of Approval or comments previously issued by us.

Environmental heritage

2. the project area includes a State Heritage Register listed item, or is subject to an interim heritage order that has not been gazetted by the local council

and the modification relates to an existing consent and may affect the General Terms of Approval previously issued by us.

3. the project area includes a property that adjoins or is adjacent to (i.e. is in the vicinity of):

a State Heritage Register listed item
a site subject to a State Heritage Register nomination
a site subject to an interim heritage order that has not been gazetted by the local council

and, the modification relates to an existing consent and may affect the comments previously issued by us.

4. the proposal involves excavation on sites suspected or known to contain historical archaeological relics.

Such sites may be identified:

in an advisory document such as an archaeological management plan
as an archaeological item in a local environmental plan or in a schedule (e.g. an archaeological conservation area)
in an archaeological assessment as containing archaeological relics of (potential) State significance

and the modification relates to an existing consent and may affect the comments previously issued by us.

How to refer a modification application (s4.55) expand

In the NSW Planning Portal, for modified integrated development applications (IDAs) select either:

Clause	Clause Description	Type	Application type
National Parks and Wildlife Act 1974 s90	National Parks and Wildlife Act 1974 s90	Integrated	Modification application
or
Heritage Act 1977	Heritage Act 1977	Integrated	Modification application

In the NSW Planning Portal, for modified development application referrals (DARs) select:

Clause	Clause Description	Type	Application type
Non-statutory Aboriginal cultural heritage referral	Non-statutory Aboriginal cultural heritage referral	Referral	Modification application
or
Local Environmental Plan Cl 5.10	Local Environmental Plan Cl 5.10	Referral	Modification application

When to refer clause 55 amended documentation expand

If the local council receives amended documentation prior to determination of an application, it can be referred to us for comment if we have previously provided General Terms of Approval, reasons for refusal, or heritage comments on a proposal.

When to refer planning matters expand

Refer a planning application to us when:

Aboriginal cultural heritage

1. the project area includes a known Aboriginal Place or known Aboriginal object(s)

Environmental heritage

2. the project area includes a State Heritage Register listed item, or is subject to an interim heritage order that has not been gazetted by the local council

3. the project area includes a property that adjoins or is adjacent to (i.e. is in the vicinity of):

a State Heritage Register listed item
a site subject to a State Heritage Register nomination
a site subject to an interim heritage order that has not been gazetted by the local council

4. the proposal involves excavation on sites suspected or known to contain historical archaeological relics.

Such sites may be identified:

in an advisory document such as an archaeological management plan
as an archaeological item in a local environmental plan or in a schedule (e.g. an archaeological conservation area)
in an archaeological assessment as containing archaeological relics of (potential) State significance

How to refer planning matters expand

Refer planning matters through the NSW planning portal or via email to heritagemailbox@environment.nsw.gov.au

When providing your referral include all of these documents:

Planning proposal (rezoning application)

If there is potential to harm Aboriginal objects and places

Aboriginal Cultural Heritage Assessment Report prepared in line with the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW and Heritage NSW requirements. See our Aboriginal objects and places webpage for details.
Statement of environmental effects
Statement of heritage impact
existing and proposed drawings and drawing schedule

When there is known or suspected historical archaeology to manage

Archaeological assessment report
Archaeological research design and excavation methodology.

How to request input for both environmental heritage and Aboriginal cultural heritage in one application expand

Planning legislation provides the framework for collaboration between consent authorities and approval bodies on development applications in NSW. The clauses you choose to refer an application to us in the NSW Planning Portal are important and must comply with the legislation.

We will not accept a referral that does not comply with the criteria outlined above and accurately reflect the required legislation.

We will also not accept conflicting clauses, for example:

DA - National Parks and Wildlife 1974 – Integrated
DA – non-statutory Aboriginal cultural heritage referral – Referral

In certain circumstances the local council may request comment from us on both Aboriginal cultural heritage and environmental heritage. The portal allows you to choose more than one referral clause so that we know what input is required.

For example, in the portal select:

Clause	Clause Description	Type	Application type	Reason
Non-statutory Aboriginal cultural heritage referral	Non-statutory Aboriginal cultural heritage referral	Referral	Development application or modification	(Local council to provide reason or direction) Example: Aboriginal objects have been identified on the site
and
Heritage Act 1977	Heritage Act 1977	Integrated	Development application or modification	N/A

We welcome comments from the local council within the portal to convey important information about the reason for referrals.

If you are unsure which clause to choose, contact Heritage NSW via (02) 9873 8500 or heritagemailbox@environment.nsw.gov.au

If you are unable to see a clause contact eplanning.support@planning.nsw.gov.au.

Requests for additional heritage information expand

We will request further information if it is necessary to undertake a heritage assessment for any integrated development application (IDA). All requests will be provided in writing via the NSW Planning Portal. All requests are uploaded to the portal, ideally within 23 days of payment of the required fee by the applicant.

Once a request is uploaded to the portal, the application clock stops while the local council obtains the information from the applicant. Once the requested information is uploaded to the portal, and accepted by us as sufficient, we will recommence the assessment.

If insufficient information is provided for assessment with a development application referral (DAR), we will provide comment indicating the lack of information and close the referral.

If the relevant information becomes available in the future, the local council will need to refer the application once again to us via the portal.

How to notify us about public submissions expand

Aboriginal cultural heritage

Integrated development applications (IDAs) under the National Parks and Wildlife Act 1974 may or may not be advertised. If advertising occurs we require notification of the advertisement and copies of all submissions (or lack thereof).

Whilst indication of the exhibition period is not mandatory in the NSW Planning Portal, providing this information allows us to schedule work and ensure timely assessment.

Environmental heritage

Integrated development applications (IDAs) related to the Heritage Act 1977 are required to be publicly exhibited for 28 days. Once the submission period ends, the local council is required to provide copies of all submissions (or notification of no submission) to us by uploading them in the portal. This formal notification through the portal triggers the statutory timeframe.

More information

In the portal, see the Quick Reference Guides for details about uploading public submissions.

NSW Planning Portal Troubleshooting expand

For NSW Planning Portal support - email eplanning.support@planning.nsw.gov.au

Requests for support from local councils and NSW agencies only – phone 02 8217 2030

Page last updated 22 February 2024

Thank you for your feedback. Would you like to tell us more?

Your comments (required) Tell us what you liked about the page or how it could be improved.

If you are happy for us to follow up on your feedback, please provide your name and email. The information you provide in this form will only be used for the purpose for which it was collected. By submitting, you consent to storage, use, and disclosure of your personal information in accordance with our privacy policy.

Name

I would like EES to contact me in the future for help improving services and to share information about national parks or other environmental activities.

Contact us

Heritage NSW

More information

Thank you for your feedback. Would you like to tell us more?

Your comments (required) Tell us what you liked about the page or how it could be improved.

Name

I would like EES to contact me in the future for help improving services and to share information about national parks or other environmental activities.

Please consider the environment before printing.