Record the limits once a non-discretionary development standard is met
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Use this only where the lawyer has marked that an environmental planning instrument or a regulation identifies the standard as a non-discretionary development standard, and has marked whether the development complies with it. If compliance is marked, record the three limits: the consent authority is not entitled to take those standards into further consideration; it must not refuse the application on the ground that the development does not comply with them; and it must not impose a condition with the same, or substantially the same, effect that is more onerous. If non-compliance is marked, record that those limits do not apply and that a provision allowing flexibility in a development standard may be applied to the non-discretionary standard. If neither is marked, leave the row blank. Do not decide compliance. The development in this task is not complying development.
- What the lawyer must review
- The lawyer decides whether the instrument identifies the standard as non-discretionary and whether the development complies. Section 4.15(6)(b) of the Environmental Planning and Assessment Act 1979 (NSW) says non-discretionary development standards are development standards identified in an environmental planning instrument or a regulation as non-discretionary development standards. The definition of development standards in section 1.4 was not opened. Subsection (2) states the three limits where development, not being complying development, complies. It also limits the discretion under section 4.15 and section 4.16. Subsection (3) says that if the development does not comply, subsection (2) does not apply and that discretion is not limited in that way, and a flexibility provision in an environmental planning instrument may be applied to the non-discretionary standard. The note says the application of these standards to complying development is dealt with in section 4.28(3) and (4). That complying-development question is a separate task. The flexibility provision itself was not opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not label a standard non-discretionary unless the lawyer has marked that the instrument or regulation identifies it as one.
- Do not decide compliance.
- Do not use this note for complying development.
- Do not draft a condition, and do not say a more onerous condition is lawful.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 4.15, non-discretionary development standards · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.