New IPC thresholds for state significant development
NSW has changed the rules that determine when the Independent Planning Commission (IPC) becomes the consent authority for state significant development (SSD), with significant implications for renewable energy, resources and standalone battery energy storage system (BESS) projects.
The changes are contained in the State Environmental Planning Policy (Planning Systems) Amendment (Independent Planning Commission) 2026, published on 18 August 2026. Some changes took effect immediately, with further changes commencing on 1 November 2026.
What changed on 18 August?
For specified resource projects and energy projects using wind, solar, coal or gas, the number of objections required to trigger IPC determination has increased from 50 to 100.
A council objection also no longer automatically makes the IPC the consent authority for these projects.
The changes are more significant for standalone BESS projects. Standalone BESS projects are no longer subject to either the numerical objection or council-objection IPC triggers. This means the number of objections received – whether 50, 100 or more – will not, by itself, result in a standalone BESS being determined by the IPC.
The reportable political donation trigger remains. Where an applicant has disclosed a reportable political donation in connection with the development application, the IPC remains the consent authority.
Which objections will count from 1 November?
A second stage of the reforms commences on 1 November 2026 and changes which objections count towards the numerical IPC thresholds.
For the purposes of determining whether the applicable 50 or 100-objection threshold has been reached, a submission will need to be made by a person who:
resides in NSW, or
owns land in NSW, or
has a place of business in NSW
The change does not prevent people outside NSW from making submissions on SSD projects. Rather, it changes whether those objections contribute to the numerical threshold that determines whether the IPC becomes the consent authority.
The distinction is important. An interstate resident who owns land or has a place of business in NSW may still meet the test, while an interstate objector with no specified connection to NSW will not contribute to the IPC threshold.
What about existing applications?
The amendment includes a savings provision for the changes commencing on 1 November.
Development applications and modification applications lodged before 1 November 2026 but not finally determined by that date will continue to be determined as though the new NSW connection requirements had not commenced.
This means the relevant date is when the application is lodged, rather than when the project is exhibited, submissions are received or the application is determined.
What does this mean for renewable energy projects?
The reforms materially change the role that objection numbers play in determining the assessment pathway for renewable energy SSDs.
For wind and solar projects, 100 objections are now required to trigger IPC determination on objection grounds, compared with 50 previously. For applications lodged from 1 November, only objections meeting the new NSW connection test will contribute to that threshold.
For standalone BESS, the change goes further: objection numbers no longer determine whether the project goes to the IPC at all.
Importantly, these changes relate to the determination pathway, not whether community feedback matters in the assessment process. Submissions remain an important source of information about potential impacts, community concerns and project opportunities, regardless of whether they contribute to an IPC threshold.
For proponents, the changes provide greater certainty about when an SSD will be determined by the IPC. For communities and engagement practitioners, they also reinforce an important distinction between the number of objections received and the broader role of community participation in informing project assessment, design and decision-making.
Need support understanding what these changes may mean for your project? Reach out to our expert assessment and approvals team.
