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Environmental Planning and Assessment Regulation 2021

The Environmental Planning and Assessment Regulation 2021 (Regulation 2021) came into force on 1 March 2022 and replaced the Environmental Planning and Assessment Regulation 2000 (Regulation 2000). Regulation 2021 largely continues to reflect its predecessor, but has been designed to improve the planning system by removing unnecessarily complex provisions and simplifying the system for all users.

A number of the key changes are outlined below.

Development Applications

Regulation 2021 requires that all development applications must be made in the approved form, which is located on the NSW Planning Portal, and must include all the information and documents specified in the approved form or required by the Environmental Planning and Assessment Act 1979 (EP&A Act) and the Regulation. The development application (DA) may be rejected by the consent authority if it does not contain this information. [...]  READ MORE →

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Councils to Lose Ability to Assess some DAs

Councils in Sydney and Wollongong are set to lose the ability to assess Development Applications worth $5 Million or more as part of new rules to be implemented which require the use of Independent Planning Panels.

Mandatory Referral

Yesterday, the Honourable Anthony Roberts announced that Independent Hearing and Assessment Panels (IHAP) will be mandatory for all Councils in Sydney and Wollongong.  These panels are currently voluntarily in use by 15 Sydney Councils and Wollongong Council.

For Development Applications with a value between $5 Million and $30 Million, assessment by the IHAP will be mandatory.  Where the value of the development is over $30 Million, the development application is assessed by the Regional Sydney Planning Panel.  The threshold for assessment by the RSPP has increased by $10 Million i.e. from $20 Million to $30 Million. [...]  READ MORE →

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Planning Principle Update: Brothels

Recently, in Yao v Liverpool City Council (Yao) [2017] NSWLEC 1167 the Land and Environment Court’s planning principle in relation to brothels was updated from the principles enunciated in Martyn v Hornsby Shire Council (Martyn) [2004] NSWLEC 614.

The planning principles in Martyn had been in operation for 13 years, and, in some instances, had been overtaken by development controls provisions in individual council development control plans. 

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Amalgamated Local Councils – Stronger Communities Fund

The NSW Government created the ‘Stronger Communities Fund’ to assist amalgamated local councils begin the delivery of projects to improve community infrastructure and services.

Stronger Communities Fund Grants

Grants available are $10 Million for councils formed as a result of two Councils merging.  $15 Million is available where three or more Councils merged.

Up to $1 Million of the grant to is available to be allocated to incorporated not-for-profit Community Groups, while the rest of the money is to be spent on infrastructure and services. [...]  READ MORE →

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DA lodgement to move online

The Department of Planning and Environment (the Department) has announced plans to move submission of a Development Application (DA) online, potentially saving significant time for applicants.

On average, the time to prepare and submit a traditional DA can take up to ten (10) days, however, through the proposed online system this could be reduced to half an hour (30 mins).

The online lodgement of DAs will be through the Department’s Planning Portal.

Whilst some local Councils currently provide for the online submissions of a DA, the planning portal will be the “one stop shop” for DAs and complying development certificates in the future.  It is predicted that the system will connect any type of application to be lodged to any local council within New South Wales. [...]  READ MORE →

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Local Council Amalgamations – Potential Backflip

Muiltiple reports state that the new NSW Premier, Gladys Berejiklian, may reverse the local Council amalgamation process set up by former Premier, Mike Baird.

The Premier is said to be considering a range of options including using plebiscites to allow merged Councils to unmerge, some reports saying by this year and others saying as late as 2020.  A plebescite is held by Governments to test whether people support or oppose a proposed course of action.  In practice this would allow rate payers of local council’s to vote on whether they want to de-amalgamate. [...]  READ MORE →