Heads of consideration (s4.15)

The heads of consideration are the matters a NSW consent authority is legally required to take into account when assessing a development application, set out in section 4.15 of the Environmental Planning and Assessment Act 1979 (the former section 79C). They are the legal checklist a DA is judged against.

Section 4.15 lists the mandatory considerations, including:

• the provisions of any environmental planning instrument (an LEP or a SEPP) and any draft instrument;
• any development control plan;
• the likely impacts of the development, environmental, social and economic;
• the suitability of the site for the development;
• any submissions received; and
• the public interest.

The consent authority must turn its mind to each relevant head. A consent granted while ignoring a mandatory consideration can be challenged in the Land and Environment Court.

For a builder the practical move is to address the heads of consideration head-on when you prepare a DA and its Statement of Environmental Effects, especially likely impacts, site suitability, and consistency with the planning instruments and the DCP. A submission that walks the assessor through s4.15, showing how the proposal sits against each head, makes approval easier to grant and harder to refuse, and pre-empts the very grounds an objector or the authority would otherwise raise. Leaving a head unaddressed invites a request for more information at best, and a refusal ground at worst.

Also known as: Section 4.15 matters, section 79C considerations, relevant considerations.

Category: Planning / Assessment (NSW).

Related

• LEPs (NSW)
• Development control plans

See also

• Development application

References

• Environmental Planning and Assessment Act 1979 (NSW), s4.15 (verified 2026-06-01)

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Last updated: 2026-06-01. Verified: 2026-06-01. Quarterly review for currency.