No more applications for developments will be accepted under
Part 3A of NSW's Environmental Planning and Assessment Act, and
Part 3A will be repealed when Parliament returns, fulfilling an
election promise by the incoming Premier Barry O'Farrell.
Speaking after the first Cabinet meeting for the new Government,
Mr O'Farrell said that "from today, no new Part 3A
applications for private residential, commercial, retail or coastal
development will be accepted". It is not yet clear whether
this moratorium on applications would also apply to projects for
public infrastructure, energy and resources, and other significant
He also said that transitional arrangements will be made to deal
with the approximately 500 Part 3A applications still pending, but,
it appears, not all of them will stay in Part 3A.
Mr O'Farrell said he expected about half of the existing
Part 3A applications to be referred to the Planning Assessment
Commission (presumably to determine under Part 3A via delegation),
another quarter to be determined by local government (possibly not
under Part 3A), and the rest, which have been in the system for up
to two years, to lapse.
The Government has indicated that it wants to give planning
powers back to local communities. How this is to be achieved will
be an important element of, and a challenge for, the proposed
legislation, particularly in relation to major infrastructure
projects that may traverse and impact on many local
Complex savings and transitional provisions are also likely to
be required to deal with major projects that have concept plan
approvals and are at various stages of development. How these are
to be addressed may result in delays to current approved projects
and at the very least, a degree of uncertainty for developers and
investors in such projects.
The new Coalition Government will also review the State's
planning laws, but this expected to take up to 18 months.
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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