The NSW Government has today released more details on the
proposed repeal of Part 3A and the transition to a new planning
regime for projects of State significance, and made changes to the
State Environmental Planning Policy (Major Development) 2005 (Major
There will be no new declarations for projects until Part 3A is
repealed and replaced with a new regime for the assessment of
projects of State significance.
We now know that Part 3A will no longer apply to any
residential, commercial or retail development with a capital
investment value greater than $100 million, and all coastal
For those Part 3A projects already in the planning and
assessment process that have not been determined, some will
continue to be processed under Part 3A, while others will now have
to lodge development applications with their local councils.
We still don't know what shape the new regime for the
assessment and determination of projects of genuine State
significance will take – we will have to wait until the
Bill removing Part 3A is introduced into the NSW Parliament.
What happens to developments already being considered?
If a project is wholly approved, it is not
affected by these changes and can still be modified in accordance
with Part 3A.
If a proponent is seeking a declaration for a project and the
declaration did not issue before 8 April 2011, then that project
will not be a Part 3A project.
If the Director-General Requirements (DGR) were
issued on or before 8 April, and are less than two years old at
that date, the project will still be assessed under Part 3A. The
Minister will, however, delegate his determination functions for
all significant private projects to the Planning Assessment
Project declarations will be revoked for
have been declared as a Part 3A project but for which no DGRs
were issued as at 8 April 2011; or
have DGRs, but they were issued more than two years before 8
April 2011, and an environmental assessment had not been lodged
with the Department by 8 April 2011; or
have an approved concept plan but the only DGRs that were
issued on or before 8 April 2011 were in respect of the concept
The validity of all prior project approvals or concept plan
approvals will not be affected by the revocation of a
The Department of Planning and Infrastructure has released a
list of specific residential, retail, commercial development and
coastal projects that will remain under Part 3A and a list of those that
will be removed from Part 3A.
Importantly, the Minister will continue to determine
applications made by State agencies, other Ministers and
public proponents (generally infrastructure
What happens now for new major developments or for those that
are no longer Part 3A?
Part 3A projects which have been stripped of that status will
now be assessed under the other environmental impact assessment
provisions of the Environment Planning and Assessment Act by local
councils and the Joint Regional Planning Panels. The Department
will establish a team to work with councils and proponents on this
Part 3A will no longer apply to any residential, commercial or
retail development with a capital investment value greater than
$100 million, and all coastal subdivisions.
Proponents of any new developments of these types will now have
to lodge a development application with their local council under
Likewise, proponents of projects where a concept plan has been
approved will now have to lodge a development application with
their local council under Part 4. The Major Development SEPP now
development within the terms of the concept plan can be
carried out with consent,
the development standards in the concept plan will have
a consent authority must not grant consent unless the
development is generally consistent with the provisions of the
concept plan approval, and
consent can be granted without complying with the requirements
under any relevant environmental planning instrument or
Many retail leases include a covenant to trade, requiring the tenant to open the premises for trade during certain hours.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).