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ARTICLE · 19 MARCH 2026

Integrated development – "opt-in" or a matter of fact?

Matthews Folbigg Lawyers
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Where integrated development may be engaged, ensure the correct deemed-refusal period (40 vs 60 days) is applied, and verify before filing that appeal rights have actually accrued and have not expired.

AustraliaReal Estate and Construction
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Key points

  • In a recent Land and Environment Court (LEC) decision, the LEC treated a development application (DA) as integrated development even though the applicant did not elect it to be processed as such.
  • For years, practitioners have treated the integrated development scheme in Div 4.8 of Pt 4 of the EP&A Act as a device that allows applicants to invoke to coordinate approvals. On that view, an applicant might "opt in" or proceed as a standard DA.
  • In Artmade Architectural Pty Ltd v Central Coast Council [2025] NSWLEC 1249 (Artmade), the Court re-centred the analysis on the text of s 4.46: development is "integrated" if, in order to carry it out, the proponent requires both development consent and a listed approval. On that basis, the DA was integrated development, irrespective of the applicant's election on the DA form submitted to Council.

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