Development Applications

Development Applications (DA) assist in the successful planning of our communities. An important function of Development Applications is that they inform various agencies and utilities of growth in demand for infrastructure. For Essential Energy, they also provide us the opportunity to assist in ensuring the safety of the community and to protect your development from electrical hazards.

Why is it important for developments to be referred to Essential Energy?

It is crucial that no activities or buildings, structures or other objects impede on Essential Energy’s electrical infrastructure. Doing so may affect the safe and continuous operation of the electricity network or prevent its maintenance, repair, replacement, or upgrade.

Essential Energy is required to:

keep the public safe from harm from our network
protect our assets from damage
minimise the likely impact of structures or activity that impedes, or has the potential to impede on electricity easements and infrastructure; and
maintain unimpeded access to electricity easements and infrastructure.

Public safety risks can arise from:

Induction hazards
Step or touch voltages under fault conditions
Infringement of safety clearances to conductors and the failure of line materials or structures
Uncovering an underground cable or interference with the earthing systems of electrical works e.g. powerline structures and distribution substations.

Electricity is dangerous! The consequences of these risks occurring can badly injure or even be fatal.

Why do councils need to refer Development Applications to Essential Energy?

Referrals of Development Applications by Council to Essential Energy form a key part in managing the above risks.

Clause 2.48 of the State Environmental planning Policy (Transport and Infrastructure) 2021 (NSW) requires that, prior to determining any development application (or an application for modification), Councils give notice to Essential Energy inviting comment as to potential safety risks.

How does the Development Application Referral process work?

The steps below provide a high-level overview of the Development Application Referral process. They includes the assessment by Council and/or NSW Department of Planning, Industry and Environment (DPIE).

Council/DPIE assess application to determine if referral to Essential Energy is required

Essential Energy reviews and responds to Council/DPIE and notes if any safety concerns are present (within 21 days)

If safety concerns are present, Council will notify the applicant and the applicant either amends their DA to remove the safety risks or engages a Level 3 Accredited Service Provider (ASP) to develop a solution to mitigate the safety risk

Applicant submits proposed solution to Essential Energy for review and approval. At this stage the applicant will be asked to pay for Essential Energy to review

Essential Energy approves proposed solution or requests further changes before approving

Applicant provides approval from Essential Energy to Council/DPIE

Can I get early approval for my Development Application?

If you know that your proposed development will encroach on the safe clearance distances to Essential Energy’s assets, you can seek early approval for a proposed solution prior to lodging your Development Application with Council. This early approval does not replace the existing Council approval process but will assist in improving the turnaround time for when you do submit your Development Application.

Essential Energy has a Request to Encroach process that allows customers to submit requests to encroach on Essential Energy assets. Read more about the process on our Encroachment page

I work for a Council, when should a consent authority refer Development Applications to Essential Energy?

We have released a guide to help explain when development applications should be referred to Essential Energy. As well, it provides you with important information that you should consider prior to submitting your Development Application. If you are in any doubt interpreting the contents of the guide you should consider engaging an Accredited Service Provider (ASP) Level 3 to assist you.

What information does Essential Energy need to make an assessment?

The following supporting documentation is required to be submitted to Essential Energy:

Encroachment near overhead wires and poles

A copy of the Title search and Deposit Plan
A copy of Easement terms
A plan showing structure and powerline with accurate measurements. Measurements should be from the centreline of the powerline to the structure (shortest distance). Also, it should show the easement size if applicable
Elevations showing the structure and powerline with accurate measurements from centreline of the powerline to the structure (shortest distance)
An Accredited Service Provider (ASP) Level 3 clearance report (including blowout measurements)
Clear photos of the site and encroachment area

Encroachment near underground cable(s)

A copy of the Title search and Deposit Plan
A copy of Easement terms
A plan showing structure and cable with accurate measurements. Measurements should be from the centre of the cable to the structure (shortest distance). Also, it should show the easement size if applicable
Clear photos of the site and encroachment area

Encroachment near underground equipment (including pillars, pits, pad mounts, switching stations)

A copy of the Title search and Deposit Plan
A copy of Easement terms
A plan showing structure and underground equipment with accurate measurements. Measurements should be from the closest part of the equipment (cabinet) to the structure (shortest distance). Also, it should show the easement size if applicable
Elevations showing the measurements to obstructions
Fire safety report (meeting the requirements of AS2067)

Note that upon review of your application there may be further information we require to make an assessment.

Where should referrals be lodged?

If you believe that you will be constructing/developing near an Essential Energy asset or infrastructure and require an early assessment please contact us using the Encroachment Form. A fee is payable at the time of submitting the form. Submitting an assessment request early may save you time later with your development plans.