An unexpected step: a new interpretation of staged development applications

The extensive redevelopment of the Walsh Bay Arts Precinct has hit a snag following a recent decision of the NSW Court of Appeal which may have significant impact on staged development applications. The decision adds new requirements for staged development applications including multiple subsequent development applications and consideration of the impacts of construction, with the State Government attempting rush through new legislation to remedy this new interpretation of staged development requirements.

Staged development applications allow a proponent to seek preliminary consent for a large project through an original development application (DA) that sets out a concept proposal of the development and is to be followed by subsequent DAs for separate components of that development. The benefit of staged development is that it adds some certainty to the future of a large project, particularly important where there are a number of stakeholders. It also establishes