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Planning Reform

Planning reform progress

Progress of planning reform is listed below, with the most recent at the top.

14 August 2007 - New Ideas for Planning - A Forum


The Department of Planning held a one-day forum 'New Ideas for Planning' at the Australian Technology Park in Sydney on Tuesday 14 August 2007. The forum provided an opportunity for people to hear about the latest NSW government reforms and help shape the next generation of planning systems and outcomes.

Speakers included:
NSW Planning Minister, Frank Sartor
NSW Department of Planning Director-General, Sam Haddad
University of Sydney Graduate School of Government Director, Dr Geoff Gallop (former Western Australian Premier)
Property Council of Australia NSW Executive Director, Ken Morrison
NSW Local Government Association President, Genia McCaffery
Queensland Department of Local Government, Planning, Sport and Recreation Smart eDA Project Director, Catherine Anderson

Quentin Dempster from ABC Stateline was the forum facilitator.

Interactive sessions

Interactive sessions were held on development assessment, strategic planning, plan-making, e-planning and exempt and complying development.

Forum outcomes

Director-General's thank you letter to participants

An audio summary with copies of presentation slides are now available online.

Summaries of ideas and suggestions from participants in the strategic planning, development assessment, e-planning and plan-making workshops.

Ideas and suggestions from the exempt and complying workshop should be available shortly.

31 January 2007 - New guidance on flood risk areas

The NSW Government today announced new guidelines concerning low flood risk areas. The aim of the reforms are to remove red tape and clarify to councils across the State the intent of the Government's Floodplain Development Manual in relation to development controls for low-risk areas and the wording of section 149 planning certificates. The changes better align flood controls and flood statements with long-established custom and practice and ensure a sensible approach to managing risks.

Planning circular - issued 31 January 2007. Includes new direction and guideline [PDF]
Revised section 117 Direction No. 15 - Flood Prone Land [PDF]
Guideline on development controls on low flood risk areas (2007) [PDF]
Environmental Planning and Assessment Amendment (Flood Related Development Controls Information) Regulation 2007 [PDF]
Floodplain Development Manual (NSW Government, April 2005)
Gazette notice - issued under section 733 of the Local Government Act 1993 regarding the Manual and Guideline [PDF]
Media release [PDF]

4 December 2006 - Environmental Planning Legislation Amendment Bill receives assent

On 23 November 2006, the NSW Parliament passed the Environmental Planning Legislation Amendment Bill. The Bill contains measures to improve the operation of the State’s planning laws in a number of areas, including compliance, places of public entertainment, building certification and major project assessment procedures. The Bill received assent on 4 December 2006.

Fact sheet - briefly explains what the changes are and why they are being introduced
Environmental Planning Legislation Amendment Act 2006

19 October 2006 - Draft Infrastructure SEPP - have your say

Draft State Environmental Planning Policy (Infrastructure) 2006 has been prepared to consolidate and update planning provisions relating to infrastructure and government land. The draft SEPP:

Draft Infrastructure SEPP [PDF]
Supporting infrastructure planning: an overview to the draft SEPP (Infrastructure) 2006 [PDF]

Note: The draft SEPP document at this stage does not represent government policy.

We welcome your comments on the draft SEPP. Submissions can be emailed to assessments@planning.nsw.gov.au, posted to Tim Still, Department of Planning, GPO Box 39, Sydney NSW 2001 or faxed to 02 9228 6311. The closing date is 17 November 2006.

8 September 2006 - Planning reform funding offer

Expressions of interest are now invited for project funding under the 2006-07 Planning Reform Funding Program. The aim of the program is to help councils modernise their local plans as part of the NSW Planning Reforms. Read more

1 September 2006 - Changes to Standard instrument for LEPs

On 1 September, the NSW Government gazetted changes to the Standard Instrument (Local Environmental Plans) Order 2006. The Department has also updated its LEP practice notes to reflect these changes.

Standard Instrument (Local Environmental Plans) Order 2006
Standard Instrument-Principal Local Environmental Plan
Planning circular [PDF]
LEP practice notes

31 March 2006 - Standard instrument for LEPs

On 31 March, the NSW Government gazetted the Standard Instrument (Local Environmental Plans) Order 2006. For the first time, local plans across NSW will use the same planning language, making it easier for communities to understand the local plan for their area. It will also save both developers and government time and money.

All councils will now use the standard instrument to prepare a new principal LEP for their local government area within the next five years. Councils will be able to add local provisions to address local issues, as well as having the flexibility to control the scale of development within the different zones.

Standard Instrument (Local Environmental Plans) Order 2006 [PDF] - superseded (see above)
Planning circular [PDF]
Question and answers [PDF]
Media release
LEP practice notes

28 February 2006 - Minister introduces further Planning Reform Bill into Parliament
 The aim of the Environmental Planning and Assessment Amendment Bill 2006 is to:

To achieve this it is proposed that the Minister for Planning be able to appoint a Planning Assessment Panel when a council is underperforming in regard to planning and development matters. Also to allow the Minister to make, amend or revoke a local development contribution plan or development control plan, or direct council to do so.

Information sheet 1: EP&A Amendment Bill 2006 - an overview [PDF]
Information sheet 2: Planning administrators and planning assessment panels [PDF]
Information sheet 3: Development contributions [PDF]

The Bill and the explanatory notes can be viewed on the NSW Parliamentary website.

30 September 2005 - Commencement of new local planning provisions
Today the remaining parts of the Planning Reform Act commence, which will improve the way local planning is done in NSW. There are also changes to local development approvals to assist site master planning. These reforms will help create a modern, effective and easy-to-use planning system for our state.

Planning circular: Changes to Part 3 and 4 of the EP&A Act [PDF] [RTF]
Environmental Planning and Assessment Amendment (Planning Instruments and Development Consents) Regulation 2005 [PDF]
see also: Planning circulars PS05-010, PS05-011 and PS06-006. [PDF]

30 September 2005 - Ministerial directions for local planning
Today the Minister issued an updated and consolidated set of directions that councils must follow when preparing new local environmental plans.

Planning circular: Changes to ministerial directions under section 117 of the EP&A Act [PDF] [RTF]
Section 117 ministerial directions issued under the EP&A Act [PDF] [RTF]
Comparison of old and new directions [PDF] [RTF]
Comparison of new and old directions [PDF] [RTF]
Revised section 117 Direction No. 15. See Planning circular (31 January 2007)

28 September 2005 - Independent Hearing and Assessment Panels - call for EOIs
The Department is calling for expressions of interest from suitably qualified and experienced technical specialists and leading practitioners to serve on Independent Hearing and Assessment Panels. The Minister for Planning may convene a panel to advise on complex or controversial projects, State significant sites or other major environmental planning issues including local environmental plans. A panel would independently review, investigate and assess the major project or planning issue and, if required, conduct panel hearings. EOIs close Friday 14 October 2005.

Information pack: Advertisement [PDF] [RTF), Selection criteria [PDF] [RTF], Guideline [PDF] [RTF]

20 September 2005 - Draft Standard LEP - have your say
To simplify our State's planning system, the Department of Planning has prepared a draft standard local environmental plan (LEP). The Standard LEP will streamline the system, and make it easier to do business across New South Wales and help achieve improved community outcomes.

Once finalised, all councils will use the standard LEP to prepare a new local plan for their area. The State Government's objective is for every local council to have a new LEP within the next five years.

We welcome your feedback on the draft Standard LEP, which is on exhibition until Friday 28 October 2005. Submissions will be accepted up until COB Friday 4 November 2005.

Email comments to lep@planning.nsw.gov.au .

18 August 2005 - Technical briefing sessions
Following the recent amendments to the EP&A Act, the Department is holding a series of briefing sessions during August and September to explain the changes and their implementation.

Topics include:

29 July 2005 - Assessment of Major Projects
Today the NSW Governor proclaimed that Part 3A of the Environmental Planning and Assessment Act commences Monday 1 August 2005. The new Part consolidates the assessment and approval regime for all major projects that need the approval of the Minister for Infrastructure and Planning. Previously these were dealt with under Parts 4 and 5 of the Act. The new Part 3A applies to State government infrastructure projects, developments previously classed as State significant, and other projects, plans or programs declared by the Minister.

For more information, and copies of draft guidelines email assessments@planning.nsw.gov.au.

08 July 2005 - Development contributions
On Friday 8 July, the EP&A Amendment (Development Contributions) Act 2005 and accompanying Regulation commence. The amendment Act extends the means by which councils and other planning authorities can obtain development contributions.

09 June 2005 - Planning Reform Bill
The NSW Parliament passed the Planning Reform Bill. The Bill delivers key elements of the NSW Government's planning system reforms with major changes to both plan-making and major development assessment.

In introducing the Bill, the Minister for Infrastructure and Planning, Craig Knowles, said, "These reforms will keep NSW at the forefront in terms of attracting investment dollars and jobs, without any loss of important environmental and community safeguards."

25 May 2005 - State significant development
The Minister for Infrastructure, Planning and Natural Resources, Craig Knowles gazetted a new state environmental planning policy outlining what developments are classed as State significant and require the Minister's approval. As part of a major overhaul of the planning laws, new types of development require the Minister's consent while other developments will return to local council for approval. It will now be much easier to identify if the state or local government will assess a proposal - as this single policy replaces provisions in 85 separate planning instruments, directions and declarations.

12 May 2005 - Overhaul of planning laws for major developments
The Premier of NSW, Mr Bob Carr, announced an overhaul of planning laws to slash red tape on major developments and encourage jobs and investment in NSW.

4 March 2005 - Funding offer
The Minister announced a new funding round offer to local councils to help them prepare new local environmental plans (LEPs) in line with the NSW Government planning reforms. This year priority will be given to councils who need to complete new LEPs in the next three years. This includes councils in high growth regions such as the Far North Coast, Lower Hunter, South Coast and Sydney metropolitan area, and recently amalgamated councils. Initiatives that may receive funding include: local planning strategies, joint work by councils to solve subregional planning issues, and mapping to assist with biodiversity certification.

The closing date for expressions of interest closed 2 May. Successful projects are to be announced in second half of 2005.

24 December 2004 - A simpler approval process for certain development near waterways
Certain development near waterways such as dwelling houses and dual occupancies as well as garages and swimming pools no longer need State government approval under the Rivers and Foreshores Improvement Act. The new exemptions will save people who want to improve their properties time and money. They will now only need to check with and get approval from the local council.

17 December 2004 - Removal of unnecessary concurrences and referrals
To get rid of duplication in development assessment, a State policy and Ministerial Order have been gazetted to remove the need for certain development matters to be referred to the State Government for consideration. This will mean a quicker, simpler assessment process for applicants. These changes take effect from 28 February 2005.

Read more about the planning reforms

Background to the reforms
In 2003 the Minister commissioned a number of taskforces to review the planning system. Ministerial taskforce reports:

For more information

Information Centre
NSW Department of Planning
23-33 Bridge Street
Sydney, NSW 2000
Tel: 1300 305 695


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