What Does “Permitted With Consent” mean? LEP NSW

If you're browsing zoning rules for your property in New South Wales, you've likely seen the term “permitted with consent.” It's one of the most common and confusing terms in NSW planning.

A Green Light - But with Conditions

In NSW town planning, permitted with consent means the land use or type of development is allowed only if you get approval from council.

This is usually through a Development Application (DA).

For example, running a cafe in a mixed-use zone may be permitted with consent.

It’s not banned, but you can’t start without going through formal approval.

This includes preparing documents like a Statement of Environmental Effects for NSW DA, and sometimes a heritage impact statement, if relevant.

A town planner in NSW can help you understand exactly what conditions apply and how to prepare your development application so it aligns with your local planning controls.

How Is Consent Granted?

Consent is typically granted through a DA approval process.

This means lodging your proposal with council, responding to any feedback, and showing how your plan complies with building regulations NSW and the Local Environmental Plan (LEP).

Depending on your project, your planning consultant may also need to prepare supporting documents like Clause 4.6 variation requests, which are common for developments seeking flexibility around planning controls.

Example: Home Business vs Commercial Change of Use

Let’s say you want to turn part of your home into a beauty clinic.

You check the zoning and see it's permitted with consent.

This means you can apply, but you’ll need to prove your use won’t disrupt the neighbourhood.

That could mean limits on noise, operating hours, and parking.

A town planner for commercial change of use NSW will guide you through what needs to be addressed and how to strengthen your DA submission.

Why Consent Matters

Without formal council consent, starting a development, even one that’s permitted with consent, is considered unauthorised.

That can lead to enforcement notices, fines, or even stop-work orders.

A skilled NSW planning consultant will ensure your council approval process is smooth, compliant, and less stressful.

We also provide planning advice for dual occupancy NSW, subdivisions, secondary dwellings and all types of town planning services for residential development NSW.

Knowing how to get a DA approved in NSW starts with understanding what your zoning allows, and when council consent is required.

If you’re unsure about your land use, it’s worth speaking to a town planner near me specialising in NSW DCP who can review your project and provide expert guidance.