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NSW Department of Planning, Industry and Environment
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We're working with councils to support communities across the state in response to COVID-19.

Our planning system has an important role to play in the fight against COVID-19 – to keep the economy moving, support our communities and keep people in jobs, both now and in the months ahead. We’re responding quickly by adapting the planning system to ensure continued productivity, investment and community wellbeing.

Planning System Acceleration Program

We're cutting red tape and simplifying the planning system to fast-track planning projects and allow for new construction jobs and construction work to continue where possible.

 

These changes will help keep the economy moving and keep people in jobs, both now and in the months ahead.

 

Read about the program

New Ministerial Orders

On 25 March 2020, the NSW Government introduced the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020, which made changes to the Environmental Planning and Assessment Act 1979.

 

The changes allow the Minister for Planning and Public Spaces to make an order for development to be carried out without the normal planning approval in order to protect the health, safety and welfare of the public during the COVID-19 pandemic.

 

These measures will be kept in place until the crisis is over, and reviewed as new issues arise.

 

The current list of Ministerial Orders below will be updated progressively.

 

On 12 August 2020, the Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development-Vehicle Sanitsation Stations) Order 2020, which allows development (including temporary building works) for the purpose of a vehicle sanitisation station to be carried out without further development consent as long as certain conditions are met.

 

Vehicle sanitisation stations provide for a professional sanitisation service to point to point vehicles such as taxis, ride shares and community transport vehicles to protect the health of passengers and drivers during the COVID-19 pandemic.

 

The Order only allows a vehicle sanitisation station to be carried out without further consent if:

  • it takes place on land that can lawfully used for industry, a vehicle repair station or is an existing warehouse or distribution centre;
  • it is carried out by or on behalf of Transport for NSW;
  • owner’s consent has been provided;
  • the operator continues to comply with existing development consent conditions, except where variation is necessary to operate the vehicle sanitisation station;
  • noise is reduced where possible and impacts to neighbouring properties are minimised and;
  • any building works are reinstated once the vehicle sanitisation station is no longer operational.

 

This order will be in place until the crisis is over, or another order is made amending these measures.

 

Transport for NSW will oversee the day to day operation of Vehicle Sanitisation Stations. More information can be found on the Sanitation Stations page on the Transport for NSW website.

On 29 May 2020 the Minister for Planning and Public Spaces made the Environmental Planning and Assessment Amendment (COVID-19 Development—Temporary Cycleways) Order 2020 which allows six temporary cycleways to be installed in the City of Sydney.

 

The measure provides additional transport options for commuters returning to the CBD for work. It supports the NSW Government's COVIDSafe Transport Plan which identifies ‘more cycling and walking options’ as one of seven key measures to maintain health and safety on the NSW transport system.

 

The Government has a commitment to ensure health and safety is maintained on its transport system whilst COVID-19 restrictions are eased, including measures to support social distancing.

 

Temporary cycleways provide a viable alternative to public transport for commuters in and around Sydney’s CBD. The Order will help to encourage cycling as an alternative means of commuting to work in the CBD and assist in reducing an expected increase in road congestion. It will also relieve pressure on train, bus, ferry and light rail systems and support social distancing on public transport.

 

Six new cycleways allowed by the Order include:

  • Pitt Street, from King Street to Reiby Place, CBD
  • Henderson Road, Eveleigh
  • Dunning Ave, Rosebery
  • Moore Park Road to Fitzroy Street
  • Bridge Road, Glebe
  • Sydney Park Road, Erskineville

These new temporary connections will form important links with the existing cycle network and are part of the City’s broader planned bike network and the NSW Government’s Principal Bike Network.

 

Work on the new cycleways will be shared between the City of Sydney and Transport for NSW.

 

This Order will be in place until the crisis is over, or another order is made amending these measures.

On 31 March 2020, the Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020, which allowed commercial development to be carried out on weekends and public holidays as long as work was limited to weekday hours and doesn’t involve high noise generating works.

 

On 8 April 2020, the Minister for Planning and Public Spaces extended these new weekend and public holidays construction work day hours to include public infrastructure projects with the Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020.

 

Allowing development to be carried out on weekends and public holidays ensures workers can practice social distancing without a loss of productivity or jobs on construction projects.

 

Construction sites must take all feasible and reasonable measures to minimise noise and noisy works like rock breaking, rock hammering, sheet piling, pile driving or similar activities are not permitted on weekends and public holidays.

 

This order will be in place until the crisis is over, or another order is made amending these measures.

 

Compliance with this Order will be closely monitored and reviewed if there any adverse impacts on the community or from a public health perspective.

The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020 on 31 March 2020.

 

The order allows weekday construction site operating hours to be extended to weekends and public holidays to ensure workers can practice social distancing without a loss of productivity or jobs.

 

This order will be in place until the crisis is over, or another order is made amending these measures.

 

Compliance with this Order will be closely monitored and reviewed if there any adverse impacts on the community or from a public health perspective.

The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Takeaway Food and Beverages) Order 2020 on 31 March 2020.

 

The order allows food trucks to operate on any land at any time, with the landholder’s permission.

 

It also allows ‘dark kitchens’ to be established in any existing commercial kitchen, such as those in community facilities, business premises, cooking schools and function centres, to allow for the preparation of food and meals to be delivered to those at home, in self isolation, or working on the frontline.

 

All other conditions including not obstructing vehicle or pedestrian access and taking steps to reduce noise still apply, and operators must ensure employees and customers practice social distancing.

 

This order will be in place until the crisis is over, or another order is made amending these measures.

The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Temporary Workers’ Accommodation) Order 2020 on 31 March 2020.

 

The order allows for the immediate construction of two temporary workers’ accommodation sites on land adjacent to Bayswater and Liddell power stations.

 

To secure the State’s power supply, the accommodation will be used as a refuge from COVID-19 for workers of these two key power stations during the pandemic.

 

This order will be in place until the crisis is over, or another order is made amending these measures.

The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Extended Operation) Order 2020 on 25 March 2020.

 

The order allows for retail premises such as supermarkets, pharmacies and corner stores to operate 24 hours per day.

 

This provides retailers the flexibility to adjust and extend their hours of operation to ensure that the community has easy access to food, medical supplies and essential household goods.

 

The order also allows for waste removal from retail premises at any time.

 

Retailers that are part of hotels and motels are now also able to provide food and beverages 24 hours per day to people using their accommodation to consume in their rooms.

 

All other conditions still apply, and when operating outside the usual hours of operation, retailers must take steps to reduce noise.

 

These measures will be in place until the crisis is over, or another order is made amending these measures.

The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Extended Operation) Order 2020 on 25 March 2020.

 

The order allows home businesses to operate 24 hours per day and to employ more than two people other than the permanent residents of the dwelling, but not more than five people, providing they can abide by social distancing rules.

 

All other conditions still apply, and home businesses must take steps to ensure that they have no adverse impact on the amenity of the neighbourhood including noise, smell, fumes or waste products.

 

These measures will be in place until the crisis is over, or another order is made amending these measures.

Other planning changes

We’ll continue to make updates to NSW’s planning policies and legislation in response to COVID-19.

Further changes have been made to the Environmental Planning and Assessment Act 1979 to support businesses and landowners who are dealing with business disruptions during the COVID 19 pandemic.

 

The changes include:

  • Lapsing periods for development consents and deferred commencement consents have been extended to ensure approved projects can start once economic conditions have improved. Consents granted before 25 March 2020 will be extended by 2 years and all consents granted since 25 March 2020 will have a lapsing period of 5 years (which cannot be varied during the pandemic period).
  • Property owners relying on existing and continuing use rights who are forced to stop using their property during the pandemic will now have 3 years to resume, instead of 1 year.
  • Appeal periods for merit appeals to the courts have been doubled to provide more flexibility for applicants and the community.
  • Investigation officers are now able to conduct interviews for compliance investigations using phone or video link to allow for social distancing.

A change has also been made to the Subordinate Legislation Act 1989 to extend the operation of the current Environmental Planning and Assessment Regulation 2000 until 1 March 2022 to allow for further consultation after the pandemic has passed.

Amendments to the Environmental Planning and Assessment Regulation 2000 will provide greater certainty to landowners, developers and the community about development that has been ‘physically commenced’.

 

In response to the impact of COVID-19 on the construction industry, it has become necessary to allow the construction industry more time to physically commence works to ensure that their respective development consents do not automatically lapse. New provisions will clarify that certain minor works do not satisfy the requirement for physical commencement. This will assist proponents to ensure that the commencement of works demonstrates a sufficient intent to complete the development.

 

The new provision will not apply to development approved prior to the commencement of the changes.

The COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 removed the requirement for planning decision makers (such as councils) to display physical copies of some documents.

 

These documents will now be available online via the NSW Planning Portal or local council website.

 

To provide certainty, the Secretary of the Department of Planning, Industry and Environment has also approved the use of local council and state agency websites to display these documents. Councils do not need to provide physical copies at their offices.

 

Digital documents include development applications, Environmental Impact Statements on exhibition, registers of development consents, complying development certificates and construction certificates.

 

Documents available on the NSW Planning Portal include state significant development and state significant infrastructure applications and LEPs on exhibition. Documents available on council websites relate to localised planning matters, such as Development Applications and consent registers.

 

Current exhibition periods will be unaffected, and documentation that is required to be made physically available will be made available online for the duration of exhibition periods.

 

Please note: the NSW Planning Portal provides a range of digital services that enable the community, industry and councils to work together in a secure online environment on planning matters, such as Development Applications.

 

All digital services can be accessed from the safety of your home or office at any time. This supports the need for business continuity during the pandemic, lessening its impact to the NSW economy.

 

To see which services are available in your local government area, visit the NSW Planning Portal.

The State Environmental Planning Policy (COVID-19 Response) allows supermarkets and other retail outlets across the State to receive deliveries 24 hours a day.

 

The policy overrides local planning restrictions that limit the timing and frequency of truck deliveries to ensure consistent supply of essential goods to communities right across the State.

All planning panels will be required to hold public hearings and meetings online under a new regulation introduced on 30 April 2020 to ensure no delays in the system during the COVID-19 pandemic.

 

The Environmental Planning and Assessment Regulation 2000 has been amended to set out the minimum requirements for holding public hearings and meetings using telephone and video conferencing. The regulation will be gazetted on Friday 1 May.

 

For more information visit the NSW Legislation website.

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Read more about changes to construction hours; planning notifications; development consents; deferred development consents and the meaning of physically commenced works; flexibility for food trucks and dark kitchens.

Read about the changes