Australia:
Consolidated State Environmental Planning Policies Support NSW Planning Principles
18 March 2022
Herbert Smith Freehills
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The NSW Department of Planning and Environment (DPE) has
consolidated 45 State Environmental Planning Policies (SEPPs) and
deemed SEPPs to align with the focus areas under the
Minister's new Planning Principles (Planning
Principles).
Snapshot
- From 1 March 2022, the consolidation of 45 SEPPs and deemed
SEPPs into 11 new thematic SEPPs commenced to align with the new
Planning Principles.
- This is primarily an administrative consolidation and there are
no material policy changes under the new consolidated SEPPs.
- The Planning Principles are designed to inform planning policy
decisions in NSW under nine focus areas, rather than being a direct
consideration for a consent authority when determining a
development application.
Planning Principles establish clear focus areas
The Planning Principles aim to demystify the current planning
system to support sustainable development and growth in NSW.
Released in December 2021, the Planning Principles seek to
achieve climate resilience and sustainability through the following
nine focus areas:
- Planning systems: A strategic and
inclusive planning system for the community and the
environment
- Design and place: Delivering
well-designed places that enhance quality of life, the environment
and the economy
- Biodiversity and conservation:
Preserving, conserving and managing NSW's natural environment
and heritage
- Resilience and hazards: Managing
risks and building resilience in the face of hazards
- Transport and infrastructure:
Providing well-designed and located transport and infrastructure
integrated with land use
- Housing: Delivering a sufficient
supply of safe, diverse and affordable housing
- Industry and employment: Growing
a competitive and resilient economy that is adaptive, innovative
and delivers jobs
- Resources and energy: Promoting
the sustainable use of NSW's resources and transitioning to
renewable energy
- Primary production: Protecting
and supporting agricultural lands and opportunities for primary
production
Climate change and connecting with Country are two key
considerations under the Planning Principles, including encouraging
the involvement of Aboriginal people in the design and delivery of
planning policies that may affect them.
The Planning Principles apply through the existing framework of
the Environmental Planning and Assessment Act
1979 (EP&A Act), with planning
authorities considering the Planning Principles through:
- strategic and land use planning under Division 3.1 of the
EP&A Act; and
- the preparation of state and local planning policies, including
SEPPs made under Division 3.3 of the EP&A Act.
The Planning Principles are designed to inform policy decisions
around planning in NSW at an early stage via the above avenues,
rather than being directly considered by consent authorities (e.g.
local councils) when evaluating development applications.
SEPP consolidation seeks to simplify the planning
framework
On 1 March 2022, DPE consolidated 45 SEPPs and deemed SEPPs into
11 new thematic SEPPs to correspond with the nine focus areas of
the Planning Principles discussed above.
The table at Attachment 1 below provides an overview of the SEPP
consolidation and the corresponding focus area under the Planning
Principles.
Provisions of the repealed SEPPs have been carried over into the
new SEPPs as ‘chapters'. DPE has confirmed that the
SEPP consolidation does not materially change the effect of the
repealed SEPPs due to the application of
section 30A of the Interpretation Act
1987 (NSW) to the transferred provisions.
Any redundant or outdated provisions of the repealed SEPPs have
not been carried over to the new consolidated SEPPs. Some
administrative amendments have also been made to update references
to government agencies and old legislation.
References within existing legislation and policies to the
repealed SEPPs will be deemed to be references to the relevant
provisions of the new consolidated SEPPs.
Further reforms to come?
Legislative updates are planned to reflect the SEPP
consolidation and local councils will be required to amend planning
certificates issued under section 10.7 of the EP&A Act.
It is unclear whether further substantive reform of the NSW
planning framework is on the horizon and it remains to be seen
whether the Minister will introduce additional changes to support
the sustainable development goals under the Planning
Principles.
If you would like to discuss the latest reforms, please get in
touch with us.
By Peter Briggs, Partner, Tom Dougherty, Senior Associate
and Rachel Holland, Graduate.
Attachment 1
New SEPP |
Repealed SEPPs |
Focus area: Planning
systems |
SEPP (Planning Systems) 2021 |
State Environmental Planning Policy (State and Regional
Development) 2011
State Environmental Planning Policy (Aboriginal Land)
2019
State Environmental Planning Policy (Concurrences and
Consents) 2018 |
SEPP (Precincts – Eastern Harbour City)
2021
|
State Environmental Planning Policy (State Significant
Precincts) 2005
Darling Harbour Development Plan No 1
Sydney Regional Environmental Plan No 26—City
West
Sydney Regional Environmental Plan No 16—Walsh
Bay
Sydney Regional Environmental Plan No 33—Cooks Cove
State Environmental Planning Policy No 47—Moore Park
Showground |
SEPP (Precincts – Central River City)
2021
|
State Environmental Planning Policy (State Significant
Precincts) 2005
State Environmental Planning Policy (Sydney Region Growth Centre)
2006
Sydney Regional Environmental Plan 24—Homebush Bay Area
State Environmental Planning Policy (Kurnell Peninsula) 1989
State Environmental Planning Policy (Urban
Renewal) 2010 |
SEPP (Precincts – Western Parkland City)
2021
|
State Environmental Planning Policy (State Significant
Precincts) 2005
State Environmental Planning Policy (Sydney Region Growth Centre)
2006
State Environmental Planning Policy (Western Sydney Aerotropolis)
2020
State Environmental Planning Policy (Penrith Lakes Scheme)
1989
Sydney Regional Environmental Plan No 30—St Marys
State Environmental Planning Policy (Western Sydney Parklands)
2009 |
SEPP (Precincts – Regional) 2021 |
State Environmental Planning Policy (State Significant
Precincts) 2005
State Environmental Planning Policy (Activation Precincts)
2020
State Environmental Planning Policy (Kosciuszko National
Park—Alpine Resorts) 2007
State Environmental Planning Policy (Gosford City Centre)
2018 |
Focus area: Design and
place |
Design and Place SEPP |
The Design and Place SEPP is currently on exhibition and
has not yet been finalised. The current draft focuses on
putting “sustainability, quality, beauty and
vibrancy” at the forefront of developments. The
draft
policy package proposes:
|
Focus area: Biodiversity and
conservation |
SEPP (Biodiversity and Conservation) 2021 |
State Environmental Planning Policy (Vegetation in
Non-Rural Areas) 2017
State Environmental Planning Policy (Koala Habitat Protection)
2020
State Environmental Planning Policy (Koala Habitat Protection)
2021
Murray River Regional Environmental Plan No 2—Riverine
Land
State Environmental Planning Policy (Bushland in Urban Areas)
2019
State Environmental Planning Policy 50 – Canal Estate
Development
State Environmental Planning Policy (Sydney Drinking Water
Catchment) 2011
Sydney Regional Environmental Plan 20 – Hawkesbury-Nepean
River No. 2 1997
Sydney Regional Environmental Plan (Sydney Harbour Catchment)
2005
Greater Metropolitan Regional Environmental Plan No 2—
Georges River Catchment
Willandra Lakes Regional Environmental Plan No 1— World
Heritage Property |
Focus area: Resilience and
hazards |
SEPP (Resilience and Hazards) 2021 |
State Environmental Planning Policy (Coastal Management)
2018
State Environmental Planning Policy 33 – Hazardous and
Offensive Development
State Environmental Planning Policy 55 – Remediation of
Land |
Focus area: Transport and
infrastructure |
SEPP (Transport and Infrastructure) 2021 |
State Environmental Planning Policy (Infrastructure)
2007
State Environmental Planning Policy (Educational Establishments and
Childcare Facilities) 2017
State Environmental Planning Policy (Major Infrastructure
Corridors) 2020
State Environmental Planning Policy (Three Ports) 2013 |
Focus area: Housing |
SEPP (Housing) 2021 |
Separate to the SEPP consolidation, the State
Environmental Planning Policy (Housing) 2021, which
commenced on 26 November 2021, repealed five SEPPs.
You can read about this change in our
previous blog post. |
Focus area: Industry and
employment |
SEPP (Industry and Employment) 2021 |
State Environmental Planning Policy (Western Sydney
Employment Area) 2009
State Environmental Planning Policy 64 – Advertising and
Signage |
Focus area: Resources and
energy |
SEPP (Resources and Energy) 2021 |
State Environmental Planning Policy (Mining Petroleum
Production and Extractive Industries) 2007
Sydney Regional Environmental Plan No. 9 – Extractive
Industries (No 2 – 1995) |
Focus area: Primary
production |
SEPP (Primary Production) 2021 |
State Environmental Planning Policy (Primary Production and
Rural Development) 2019
Sydney Regional Environmental Plan No 8 (Central Coast Plateau
Areas) |
|
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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