What is a Concept Development Application (‘Concept DA’)?
A Concept DA is a type of development application that sets out a proposal at a conceptual level. The Concept DA outlines a proposal that will be the subject of one or more subsequent development applications and may relate to the entire site or just a part of it.
A Concept DA must include a description of the proposed future development. It may also include more detailed plans for the first stage of the development. If the Concept DA is approved, it permits certain development works to commence without the need for further consent. This is in accordance with s 4.22(1) and (2) of the Environmental Planning and Assessment Act 1979 (‘EPA Act’). The developer can then commence work on the initial stage, while submitting a more detailed development application for the remaining stages, consistent with the approved Concept DA.
Concept DAs are also known as Stage 1 Development Applications, and were previously referred to as ‘staged development applications’.
How do you file a Concept DA?
To have an application treated as a Concept DA, the developer must expressly request this in accordance with s4.22(3) of the EPA Act. If no such request is made, the application will be processed as a standard development application.
Why file a Concept DA?
A developer may choose to file a Concept DA instead of a standard development application in order to establish a framework or to set of parameters for the determination of future development applications.
However, it is important to note the requirement in s 4.24(2) of the EPA Act that, ‘while any consent granted on the determination of a concept development application for a site remains in force, the determination of any further development application in respect of the site cannot be inconsistent with the consent for the concept proposals for the development of the site.’
If a developer files a development application that is inconsistent with the approved Concept DA, a modification application will be required. However, in accordance with s 4.24(3) of the EPA Act, the proposed modification must be substantially the same as the development approved under the current Concept DA.
Can I start development with consent on the determination of a Concept DA?
Whether development can commence following approval of a Concept DA depends on whether the concept DA included a detailed Stage 1 proposal, and whether that stage was approved. If the Stage 1 component of the Concept DA was approved as part of the consent, then development may begin in accordance with that approval.
Why not file a Concept DA?
Filing a Concept DA requires providing sufficient information to demonstrate to the Council that the proposed development is feasible and permissible. Typically, the Council will require evidence of a concept architectural scheme to confirm that the site can accommodate the proposed development. However, under s 4.22(5) of the EPA Act, when evaluating the development and its impacts, the Council is only required to consider the likely effects of the concept proposals and any first stage developments. It is not required to assess the potential impacts of later stages or any subsequent development applications.
