Record whether the planning instrument requires consent before the work starts
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the environmental planning instrument the lawyer identifies, copy any provision that says the specified development may not be carried out except with development consent, and name the land it refers to. Leave blank whether that provision applies to this proposal. Record the two ways the Act says development consent may be obtained: a determination by a consent authority to grant it, or, for complying development, the issue of a complying development certificate. Do not decide that the proposal is complying development. Do not state a penalty amount.
- What the lawyer must review
- The lawyer decides whether the instrument requires consent for this proposal and whether consent is in force. Section 4.2(1) of the Environmental Planning and Assessment Act 1979 (NSW) says that if an environmental planning instrument provides that specified development may not be carried out except with development consent, a person must not carry the development out on land to which the provision applies unless such a consent has been obtained and is in force, and the development is carried out in accordance with the consent and the instrument. The maximum penalty stated on the page is a Tier 1 monetary penalty. No dollar amount is stated. Subsection (2) says consent for that purpose may be obtained by a determination to grant it, or, for complying development, by issue of a complying development certificate. Subsection (5) says an instrument may provide that development, or a class of development, that can be addressed by specified predetermined development standards is complying development. The opened section has no subsection (3) or (4). The note points to Division 4.7 for State significant development. That Division was not opened. A separate task tests the complying-development certificate rules. This task records whether the instrument requires consent at all.
- 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
- Copy the instrument provision. Do not decide that it applies to the proposal.
- Do not decide that the proposal is complying development.
- Do not state a dollar penalty. The page says Tier 1 monetary penalty only.
- Do not invent subsections (3) and (4). They are not in the opened text.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 4.2, development that needs consent · 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.