Introduction
NSW planning laws for certain large-scale renewable energy projects changed on 18 August 2026, with further changes taking effect from 1 November 2026. The reforms change how some State Significant Development (SSD) energy projects are referred to the Independent Planning Commission (IPC).
For specified solar and wind projects, the public objection threshold has increased from 50 to 100 qualifying objections. Local council objections will also no longer automatically trigger IPC determination for these projects. From 1 November, additional rules will determine which objections can count toward the numerical threshold.
These changes are particularly relevant to communities living near proposed solar farms, wind farms and other major renewable energy developments. Understanding the new rules can help residents know how their submissions may be treated during the planning process.
Key Takeaways
- NSW planning laws for certain SSD energy projects changed on 18 August 2026.
- The public objection threshold increased from 50 to 100 qualifying objections for specified solar and wind projects.
- A council objection no longer automatically triggers IPC determination for specified energy projects.
- From 1 November 2026, additional NSW connection requirements apply when determining which objections count toward the numerical threshold.
What Changed in NSW Planning Laws in 2026?
The 2026 reforms introduced several changes to the way certain SSD energy projects are determined.
The main changes include:
- The IPC objection threshold for specified solar and wind projects increased from 50 to 100 qualifying objections.
- A local council objection no longer automatically triggers IPC determination for specified energy projects.
- From 1 November 2026, only certain NSW-connected people will have their objections counted toward the numerical threshold.
- Standalone Battery Energy Storage Systems (BESS) are no longer subject to IPC determination based solely on the number of public objections.
- Projects must still comply with applicable NSW planning and environmental requirements.
The changes affect the decision-making pathway for certain projects. They do not mean that renewable energy projects are exempt from environmental assessment or other planning requirements.
Community Update: https://www.facebook.com/groups/1181634050354627/permalink/1593737052477656/
What Is State Significant Development?
State Significant Development (SSD) is a planning pathway used for major developments that are considered important to NSW.
Large-scale infrastructure and energy developments can fall under the SSD framework when they meet the relevant requirements.
Depending on the project and applicable rules, an SSD application may be determined by the Planning Minister, the Independent Planning Commission or an authorised delegate.
This is why changes to IPC thresholds can matter to communities. The threshold can influence which authority determines an eligible SSD application.
1. The IPC Objection Threshold Has Increased From 50 to 100
One of the most significant NSW planning law changes is the increase in the public objection threshold for specified wind and solar projects.
Previously, 50 qualifying public objections could trigger IPC determination in relevant circumstances.
Under the new rules, that threshold has increased to 100 qualifying objections for specified projects.
What does this mean for communities?
It means that simply reaching 50 objections is no longer enough to meet the new numerical threshold for projects covered by the change.
However, public submissions remain an important part of the SSD assessment process.
Residents can use submissions to raise specific concerns about matters such as:
- agricultural land
- biodiversity
- flooding
- traffic
- noise
- visual impacts
- bushfire risks
- property impacts
- landscape character
- local economic effects
A submission should therefore do more than simply state that someone supports or opposes a project. Clear, relevant and evidence-based concerns can help explain why an issue deserves consideration during the assessment.
2. Council Objections No Longer Automatically Trigger IPC Determination
The reforms also change how local council objections affect the IPC pathway.
For specified energy projects covered by the new rules, an objection from the relevant local council no longer automatically triggers IPC determination.
This does not mean councils have lost their role in the planning process.
Local councils can still provide submissions, identify local issues and participate in the assessment of proposed developments.
The change relates specifically to whether a council objection automatically determines who will decide the SSD application.
This distinction is important when interpreting the new NSW planning laws.
3. Whose Objection Counts Toward the 100-Objection Threshold?
Another change takes effect on 1 November 2026.
From this date, an objection will count toward the relevant numerical threshold only if the person making it meets one of the specified NSW connections.
The person must:
- live in NSW;
- own land in NSW; or
- have a place of business in NSW.
This means the location or connection of the person making the submission can affect whether their objection contributes to the numerical threshold.
Can people outside NSW still make submissions?
Yes.
People who live outside NSW can still make submissions about proposed developments.
However, from 1 November 2026, their submissions generally will not count toward the numerical objection threshold unless they meet one of the specified NSW connection requirements.
There is therefore an important difference between being able to make a submission and having that submission count toward the IPC threshold.
4. What Has Changed for Standalone BESS Projects?
The reforms also introduce a separate treatment for standalone Battery Energy Storage Systems (BESS).
A standalone BESS project is no longer subject to IPC determination solely because it receives a particular number of public objections.
In other words, reaching the relevant objection number alone does not automatically make a standalone BESS an IPC matter.
This does not mean that standalone battery projects are exempt from NSW planning and environmental assessment.
Other requirements and potential IPC triggers can still apply depending on the project and circumstances.
5. Do the New Rules Remove Planning and Environmental Requirements?
No.
The 2026 changes primarily affect the determination pathway for certain SSD projects.
They do not remove the requirement for applicable projects to comply with NSW planning and environmental laws.
Large-scale renewable energy proposals can still be assessed against issues such as:
- environmental impacts
- biodiversity
- land use
- traffic and transport
- flooding and drainage
- visual impacts
- noise
- social and economic effects
- community concerns
Public submissions also remain part of the SSD assessment process when a project is placed on public exhibition.
Therefore, the new objection rules should not be interpreted as meaning that community concerns or environmental assessment requirements have been removed.
6. Why Do These Changes Matter to Communities?
The changes matter because public objections can play a role in determining the pathway through which certain SSD projects are assessed and determined.
The threshold for specified solar and wind projects has increased from 50 to 100 qualifying objections.
From 1 November 2026, the rules also introduce requirements concerning the NSW connection of people whose objections are counted.
For communities near major renewable energy projects, this makes it important to understand:
- Which SSD rules apply to the project.
- When the project application was lodged.
- Whether the project falls within the categories covered by the new rules.
- Which objections qualify toward the numerical threshold.
- When and how public submissions must be made.
7. Why Does the Application Date Matter?
The new NSW planning laws include transitional arrangements.
As a result, the date an application was lodged can affect which rules apply to a particular project.
This is especially important for renewable energy projects that were already progressing when the reforms came into effect.
Communities should therefore avoid assuming that the new rules automatically apply in exactly the same way to every solar, wind or battery project.
The project’s application documents, planning status and relevant transitional provisions should be checked before drawing conclusions about how the new rules affect it.
What Do the Changes Mean for the Boree Solar Project?
The changes are particularly relevant to communities following the proposed Boree Solar Project near Geurie and Wongarbon.
The proposal includes:
- a 250 MW solar farm
- an 800 MWh battery energy storage system
- approximately 1,322 hectares of proposed development
- an expected operational lifespan of around 30 years, if approved
The project has raised concerns among local residents about issues including agricultural land, flooding, biodiversity, visual impacts and potential effects on local businesses and farming activities.
However, the 2026 NSW planning law changes do not automatically determine the outcome of the Boree Solar Project.
The project’s application date, project classification and applicable transitional arrangements are important when determining which rules apply.
For residents following the proposal, the most important step is to monitor the official planning documents and public exhibition process and understand how the applicable rules affect their opportunity to participate.
How Can Communities Respond to an SSD Energy Project?
Changes to the IPC threshold do not prevent communities from making submissions.
If an SSD application or Environmental Impact Statement is placed on public exhibition, residents can review the proposal and provide feedback through the relevant NSW planning process.
1. Read the project documents
Review the EIS and supporting documents to understand what is actually being proposed.
2. Identify specific concerns
Focus on issues that can be clearly explained and supported.
For example:
- Will productive agricultural land be affected?
- Could the development affect flooding or drainage?
- What biodiversity impacts have been identified?
- How could the project change the rural landscape?
- What traffic impacts are expected?
- Could nearby properties or businesses be affected?
3. Make an individual submission
Explain your concerns clearly and specifically rather than relying only on a general statement of opposition.
4. Submit before the deadline
Make sure the submission is lodged through the required process during the public exhibition period.
5. Keep your submission records
Keep a copy of the submission and any confirmation received after lodging it.
NSW Planning Law Changes: 50 vs 100 Objections
| Rule | Previous position | New position |
| Public objection threshold | 50 | 100 qualifying objections |
| Council objection | Could automatically trigger IPC in relevant cases | No longer automatically triggers IPC for specified energy projects |
| NSW connection | No equivalent new requirement | From 1 November 2026, applies when counting objections toward the threshold |
| Standalone BESS | Could be affected by objection-based IPC rules | No IPC determination based solely on objection numbers |
The key point is that the reforms change how the IPC determination pathway operates for certain projects. They do not remove the broader planning and environmental assessment process.
Also Read: NSW Parliament Report Raises Concerns About Renewable Energy Zones
Conclusion
The 2026 NSW planning law changes have changed how certain SSD renewable energy projects are determined. For specified solar and wind projects, the IPC objection threshold has increased from 50 to 100 qualifying objections, while council objections no longer automatically trigger IPC determination. From 1 November 2026, only qualifying objections from people with a specified NSW connection will count toward the threshold.
These changes do not remove planning, environmental assessment or public participation requirements. For communities following projects such as the Boree Solar Project, understanding the applicable rules, reviewing the EIS and making informed submissions within the required timeframe remains important.
