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New State Environmental Planning Policy for Housing Imminent

In December 2020, the New South Wales government announced its intention to introduce major reforms to the planning policies for housing.

The reforms were to be introduced in multiple phases. Phases 1 and 2 had been rolled out in late 2020 and early 2021. These reforms include amendments to the existing State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARH SEPP) and introduction of the State Environmental Planning Policy Amendment (Build-to-rent Housing) 2021 (BTRH SEPP). The BTRH SEPP, notably, introduced purpose-built rental apartment buildings as a new type of land use, and permits these build-to-rent apartments to be developed on any zone where multi dwelling house, residential flat buildings, and shop top housing are permitted. [...]  READ MORE →

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No ‘Character of the Local Area’ in diverse neighbourhoods

Under clause 16A of the State Environmental Planning Policy (Affordable Rental Housing) 2009, a consent authority must not consent to a development if the design is incompatible with the character of the local area.

In the recent decision of Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285 (Louden), clause 16A played a prominent role in Commissioner Gray’s judgement. In that case, the Council had refused the development, inter alia, because the development’s design did not match the local aesthetic. The Council relied on the argument that the setbacks and design of the proposal were inconsistent with other residential flat buildings in the local area. [...]  READ MORE →

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Proposed changes to planning rules for outdoor advertising and signage

The NSW Government has recently proposed a number of amendments to the State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64) and in conjunction, has also proposed the addition of a new penalty notice offence in the Environmental Planning and Assessment Regulation 2000 (Regulation). The intention of the proposed amendments is to fulfil the community’s expectation of balancing road safety whilst maintaining the public and economic benefit of advertising.

Repealing Council’s power to prohibit advertising [...]  READ MORE →