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Temporary measures in place to support the State’s economy and jobs will be made permanent as part of a plan to realise $3.1 billion over 10 years in gains for NSW.
As part of its response to the COVID-19 pandemic, the NSW Government put a number of temporary planning measures in place.
Following an evaluation, the following planning measures were shown to have a public benefit and will be made permanent:
The department will continue to review the planning system to ensure it is best equipped to support communities and economic recovery as we emerge from the pandemic.
In response to the COVID-19 pandemic, the NSW Government introduced the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020, which made temporary changes to the Environmental Planning and Assessment Act 1979 (the EP&A Act).
The temporary changes allowed the Minister for Planning to make an Order for development to be carried out without normal planning approval to protect the health, safety and welfare of the public during the COVID-19 pandemic.
The temporary changes to the EP&A Act ended on 31 March 2022 and any temporary Orders that were made during this period no longer apply.
The Environmental Planning and Assessment (COVID-19 Development Construction Work Days) Order 2022 (PDF, 400 KB) ended on Thursday, 31 March 2022.
Extended construction hours allowed under the Environmental Planning and Assessment (COVID-19 Development - Infrastructure Construction Work Days) Order (No. 2) 2020 (PDF, 168 KB) and Environmental Planning and Assessment (COVID-19 Development - Health Services Facilities) Order (No. 2) 2020 (PDF, 182 KB) will also end on this date.
After 31 March 2022, construction work hours will be determined by the hours set out in the approved conditions of consent for each individual development. This means that construction work on weekends will only be allowed if authorised in the development consent.
Developments which want to extend the hours to undertake construction work will need to contact the relevant consent authority to discuss modifying the existing development consent and approved construction hours.
The Environmental Planning and Assessment (COVID-19 Development Construction Work Days) Order 2022 (PDF, 400 KB) ended on Thursday, 31 March 2022.
Extended construction hours allowed under the Environmental Planning and Assessment (COVID-19 Development - Infrastructure Construction Work Days) Order (No. 2) 2020 (PDF, 168 KB) and Environmental Planning and Assessment (COVID-19 Development - Health Services Facilities) Order (No. 2) 2020 (PDF, 182 KB) will also end on this date.
After 31 March 2022, construction work hours will be determined by the hours set in the approved conditions of consent for each individual development. This means that construction work on weekends will only be allowed if authorised in the development consent.
After 31 March 2022, construction hours will be determined by the hours set in the approved conditions of consent for each individual development.
Development consents or approvals may authorise construction to occur outside normal hours. The consent authority (usually council) will consider the likely impacts on the community before allowing night work.
Approved construction hours can be obtained from your local council, or for major projects, the Department of Planning, Industry and Environment. They are often available on council websites or the NSW Planning Portal.
Yes. However, inspectors and maintenance personnel will need to ensure they comply with public health advice.
The inspection, testing and maintenance of essential fire safety measures installed in certain buildings such as apartment buildings, nursing homes and commercial premises is necessary to ensure the safety of occupants. This is particularly important as some buildings may still be occupied for longer periods of time than usual. A fire safety statement verifies that the essential fire safety measures have been assessed and will operate to the required standard. An annual fire safety statement also verifies that the fire exit systems in the building have been inspected.
The failure to maintain essential fire safety measures and provide a fire safety statement to the relevant local council together and Fire and Rescue NSW when required is an offence under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 This can result in significant fines being imposed on the owner of the building.
Where building owners are experiencing difficulties in complying with their statutory obligations due to COVID-19, they should contact the relevant local council to discuss their specific circumstances.
Fire safety inspectors need to have access to a building internally and externally to inspect and assess all essential fire safety measures. However, inspectors should comply with public health advice and where necessary, use appropriate personal protective equipment to ensure the safety of building occupants and themselves.
Updates were made to the NSW’s planning policies and legislation in response to COVID-19.
Temporary changes were made to the Environmental Planning and Assessment Act 1979 to support businesses and landowners dealing with business disruptions during the COVID-19 pandemic. These temporary changes were in place between 25 March 2020 and 25 March 2022.
The changes included:
The provisions in the Environmental Planning and Assessment Regulation 2021 provide greater certainty to landowners, developers and the community about development that has ‘physically commenced’.
In response to the impact of COVID-19 on the construction industry, it was necessary to allow the construction industry more time to physically commence works to ensure that development consents do not automatically lapse. New provisions will clarify that certain minor works do not satisfy the requirement for physical commencement. This will ensure that the commencement of works demonstrates a sufficient intent to complete the development.
The provision does not apply to development approved prior 15 May 2020.
Changes have been made to assist in the provision of emergency accommodation.
