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NSW Department of Planning and Environment
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Planning system circulars provide non-statutory advice on NSW Government principles, procedures and practices to assist in implementing relevant planning laws and policies. Keeping circulars up to date ensures guidance remains current and best practice. 

This page lists current planning system circulars in order by date.

Older circulars that are no longer current can be found on our archived circulars page.

 

 
Title Description Date issued and Planning principle
Title

PS 22-004: Application requirements

Description

This circular advises councils, applicants and practitioners of updated requirements for development applications, complying development certificate applications and State significant development applications made under the Environmental Planning and Assessment Act 1979.

Date issued and Planning principle

1 March 2022

Planning systems

Title

PS 21-007: Consolidation of state environmental planning policies

Description

This circular advises councils, applicants, practitioners, and other stakeholders of changes made to 45 State environmental planning policies (SEPPs) and deemed SEPPs. These SEPPs have been consolidated into 11 new thematic SEPPs. The new thematic SEPPs commence on 1 March 2022.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-008: How to characterise development

Description

This circular provides guidance in characterising development for the purpose of determining permissibility.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-009: Planning for coastal hazards

Description

This circular provides guidance on assessment of coastal hazards under the State Environmental Planning Policy (Coastal Management) 2018 and Coastal Management Act 2016. 

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-010 Development on bush fire prone land

Description

This circular outlines the planning considerations that apply to development on bush fire prone land, including application to planning proposals, development applications and complying development.

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-011: Requirements for councils to provide certain planning documents and data via the NSW Planning Portal

Description

This circular outlines the requirements and procedures for councils to submit certain planning documents and data via the NSW Planning Portal. 

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-012: Standard Instrument (Local Environmental Plans) Order 2006

Description

This circular is to advise of the transitional provisions applying to development control plans (DCPs) in relation to the adoption of a Standard Instrument local environmental plan.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-013: Transitional arrangements for development control plans

Description

This circular is to advise of the transitional provisions applying to development control plans (DCPs) in relation to the adoption of a Standard Instrument local environmental plan, and to confirm previous advice on the one DCP per planning authority per site rule.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-014: Minor amendments to local environmental plans using section 3.22

Description

This circular provides guidance on the process for making minor amendments to local environmental plans in accordance with section 3.22 of the Environmental Planning and Assessment Act 1979.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-015: Performance monitoring of the planning system

Description

This circular advises of the system of data collection on planning and development matters to enable performance monitoring of the planning system.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-016: Approval to install relocatable and flat-pack homes outside a caravan park or manufactured home estate

Description

The purpose of this circular is to clarify the approval requirements for the installation of two common types of transportable home on land that is not part of a caravan park or manufactured home estate. It also clarifies which types of transportable homes require a BASIX Certificate and which do not.

Date issued and Planning principle

2 December 2021

Housing

Title

PS 21-017: State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

Description

This circular is to provide advice on the policy to regulate mining, petroleum production and extractive industries in NSW.

Date issued and Planning principle

2 December 2021

Resources

Title

PS 21-018: Development near rail corridors and busy roads – interim guideline

Description

The purpose of this circular is to advise on the Development near rail corridors and busy roads – interim guideline.

Date issued and Planning principle

2 December 2021

Transport and Infrastructure

Title

PS 21-019: Landowner’s consent and notification requirements – Local Aboriginal Land Councils

Description

This circular advises planning authorities of the requirements for landowner’s consent and notification for development applications where the subject land is owned by a Local Aboriginal Land Council.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-020: Calculation of capital investment value

Description

This circular provides advice on the calculation of ‘capital investment value’ under the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) and certain State Environmental Planning Policies.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-021: Caravan parks and camping grounds

Description

The purpose of this circular is to provide information on the approval requirements for camping (e.g. in caravans, campervans, motorhomes or tents) on council or other land.

Date issued and Planning principle

2 December 2021

Housing

Title

PS 21-022: Calculating the genuine estimated cost of development

Description

This circular provides advice on calculating the cost of development for the purpose of determining development application fees.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-023: State Environmental Planning Policy (Three Ports) 2013 – Planning provisions for Port Botany, Port Kembla and Port of Newcastle

Description

This circular is to provide an overview of the key provisions of the State Environmental Planning Policy (Three Ports) 2013.

Date issued and Planning principle

2 December 2021

Transport and Infrastructure

Title

PS 21-024: Amendment to provisions for concept (formerly ‘staged’) development applications

Description

This circular provides advice on  concept development applications (formerly known as staged development applications).

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-025: Conditions of consent for fibre-ready facilities and telecommunications infrastructure

Description

The purpose of this circular is to advise consent authorities that all development consents (unless exempted) should include conditions to ensure that modern telecommunications infrastructure is provided in respect of all premises to be constructed in developments.

Date issued and Planning principle

2 December 2021

Transport and Infrastructure

Title

PS 21-026: Planning and designing for better places: respecting and enhancing local character

Description

This circular provides guidance about the tools available to them to incorporate consideration of local character into strategic planning and detailed planning for places.

Date issued and Planning principle

2 December 2021

 

Title

PS 21-027: Low Rise Housing Diversity Design Guide for Development Applications

Description

This circular provides guidance on how and where the Low Rise Housing Diversity Design Guide for Development Applications applies. 

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-028: Amendments to Retail Land Use Definitions

Description

This circular is to advise local councils and other relevant planning authorities, community, industry and practitioners of a number of retail land use definitions that were introduced in 2018 to the Standard Instrument (Local Environmental Plans) Order 2006 (and certain other environmental planning instruments). 

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-029: Development adjacent to land in a pipeline corridor

Description

This circular advises on the mandatory notification and assessment requirements for development near pipelines under clause 66C of State Environmental Planning Policy (Infrastructure) 2007.

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-030: Planning certificates: biodiversity and native vegetation

Description

This circular provides guidance on information required to be included in planning certificates issued under section 10.7 of the EP&A Act in relation to biodiversity and native vegetation.

Date issued and Planning principle

2 December 2021

Planning systems

Title

PS 21-031: Planning and assessment guidelines for hazardous industry

Description

Informs councils and developers of their obligations under State Environmental Planning Policy No. 33 to consider potential hazards when determining development applications.

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-032: Independent review of planning proposals for identified Aboriginal land

Description

The purpose of this circular is to advise councils and the public about the independent review process for plan-making decisions under Part 3 of the Environmental Planning and Assessment Act 1979 for land identified in the State Environmental Planning Policy (Aboriginal Land) 2019. 

Date issued and Planning principle

2 December 2021

 

Title

PS 21-033: Planning Certificates: Coastal Hazards

Description

This circular provides guidance on the disclosure of coastal hazards on planning certificates issued under section 10.7 of the Environmental Planning and Assessment Act 1979 (EP&A Act). 

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-034: Planning Certificates: contaminated land

Description

This circular provides guidance on information required to be included in planning certificates issued under section 10.7 of the Environmental Planning and Assessment Act 1979 and the Contaminated Land Management Act 1997 in relation to contaminated land.

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-035: Planning Certificates: loose-fill asbestos material

Description

This circular provides councils with guidance on section 10.7 planning certificate notations relating to loose-fill asbestos ceiling insulation in residential dwellings.

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-036: Exempt and Complying Development Codes: asbestos material

Description

This circular informs councils, accredited certifiers and the community about standards and requirements for anyone that removes or demolishes asbestos material for new building construction, or the alteration or an addition to existing buildings as complying or exempt development.

Date issued and Planning principle

2 December 2021

Resilience and Hazards

Title

PS 21-037: Guidance for centre-based child care facilities

Description

This circular is to advise councils, practitioners and applicants on the relationship between the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, the Child Care Planning Guideline, and development control plans. It also provides guidance on the concurrence role of the Secretary of the NSW Department of Education in determining development applications for centre-based child care facilities.

Date issued and Planning principle

2 December 2021

Transport and Infrastructure

Title

PS 21-038: Regulating expansion of schools

Description

This circular advises councils, applicants and practitioners on the application of certain conditions of consent that regulate the expansion of schools in NSW.

Date issued and Planning principle

2 December 2021

Transport and Infrastructure

Title

PS 21-006: Considering flooding in land use planning: guidance and statutory requirements

Description

This circular replaces Planning Circular PS 07-003 and provides information on how to consider flooding in land use planning. This circular also discusses changes to requirements for planning certificates issued under section 10.7 of the Environmental Planning and Assessment Act 1979 and local planning direction 4.3 on flooding, which affects planning proposals.

Date issued and Planning principle

14 July 2021

Title

PS 21-005: Changes to State significant development and State significant infrastructure 

Description

This circular advises councils, agencies, industry and the community of the commencement of the Environmental Planning and Assessment Amendment (Major Projects) Regulation 2021 and related policies and guidelines. 

Date issued and Planning principle

1 July 2021

Title

PS 21-004: Delegation of plan making decisions

Description

This circular replaces PS 18-013 and updates councils and the public about delegations of plan making functions under Part 3 of the Environmental Planning and Assessment Act 1979 for the Rezoning Review process.

Date issued and Planning principle

8 June 2021

Title

PS 21-003: Increasing section 7.12 levies

Description

This circular is to advise councils of the replacement of the Development Contributions Plans – Section 94A Practice Note with the Section 7.12 Fixed Development Consent Levies – Practice Note and details the updates.

Date issued and Planning principle

12 February 2021

Title

PS 21-002: Reporting and accounting requirements for infrastructure contributions

Description

This circular provides guidance on amendments to the Environmental Planning and Assessment Regulation 2000 which improves reporting, accounting and publication requirements for infrastructure contributions. The circular also clarifies exhibition requirements for section 7.11 IPART-reviewed contributions plans.

Date issued and Planning principle

12 February 2021

Title

PS 21-001: Improving planning agreements

Description

This circular is to advise planning authorities that the department has prepared a new practice note on planning agreements, which clarifies key principles and provides additional guidance on their use.

Date issued and Planning principle

12 February 2021

Title

PS 20-003: Payment of infrastructure contributions or levies prior to the issuing of an occupation certificate

Description

This circular provides guidance on a new requirement to obtain a document from the local council or, where relevant, the Department of Planning, Industry and Environment, confirming that all relevant contributions or levies have been paid. This document is required before a certifier can issue an occupation certificate under certain circumstances.

Date issued and Planning principle

3 July 2020

Title

PS 20-002: Variations to development standards

Description

This circular is to advise consent authorities of arrangements for when the Secretary’s concurrence to vary development standards may be assumed and clarify requirements around reporting and record keeping where that concurrence has been assumed.
This circular replaces PS 18-003 and PS 19-005.

Date issued and Planning principle

5 May 2020

Title

PS 19-002: Contributions Plans for Growth Areas

Description

This circular is to advise consent authorities must not determine development applications on land that is subject to a precinct plan under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) unless there is a section 7.11 contributions plan under section 7.18 of the Environmental Planning and Assessment Act 1979 (the Act) in effect.

Date issued and Planning principle

25 January 2019

Title

PS 19-001: Amendments to Local Infrastructure Contributions Practice Note

Description

This circular is to advise councils of amendments to Local Infrastructure Contributions Practice Note to clarify when a development contributions plan may be adopted by a council.

Date issued and Planning principle

21 January 2019

Title

PS 18-012: Independent reviews of plan making decisions

Description

This circular replaces Planning Circular PS 16-004 and provides updates and advice in relation to changes to the Environmental Planning and Assessment Act 1979 (the EP&A Act).

Date issued and Planning principle

14 December 2018

TitlePS 18-009: State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 - Site Compatibility Certificates DescriptionThis circular provides advice about the use of site compatibility certificates under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 for community members, developers and local councils on the SCC application, assessment and subsequent development application processes. Date issued and Planning principle2 October 2018
TitlePS 18-002: Assessment of Local Infrastructure Contributions Plans by the Independent Pricing and Regulatory Tribunal (IPART) DescriptionAssessment of Local Infrastructure Contributions Plans by the Independent Pricing and Regulatory Tribunal (IPART). The purpose of this circular is to assist councils understand IPART's role in the assessment of contributions plans as a result of changes to local infrastructure contributions and Local Infrastructure Growth Scheme arrangements. Date issued and Planning principle29 January 2018
TitlePS 17-001: Using the Apartment Design Guide DescriptionThis circular provides guidance on the application of the Apartment Design Guide (ADG) in the development assessment process under State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65). Date issued and Planning principle29 June 2017
TitlePS 15-002: Design quality of residential apartment development - SEPP 65 DescriptionDesign Quality of Residential Apartment Development – SEPP 65. Date issued and Planning principle19 June 2015
TitlePS 11-007: Voluntary Planning Agreements and Development Control Plans DescriptionVoluntary Planning Agreements and Development Control Plans. Date issued and Planning principle18 February 2011
TitlePS 11-004: Special Infrastructure Contribution - Western Sydney Growth Areas Description

Special Infrastructure Contribution – Western Sydney Growth Areas.

 

Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Determination 2011.

 

Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Direction 2011.

Date issued and Planning principle7 February 2011
TitlePS 11-001: Amendments to s149 planning certificates related to coastal matters DescriptionAmendments to s149 planning certificates related to coastal matters. Date issued and Planning principle24 January 2011
TitlePS 10-014: Local Development Contributions DescriptionLocal Development Contributions. Date issued and Planning principle4 June 2010
TitlePS 07-001 Consideration of draft SEPPs under section 79C of the EP&A Act (section 4.15 of the current Act) DescriptionThis circular is to advise consent authorities that certain draft State environmental planning policies are no longer required to be taken into consideration when determining development applications. Date issued and Planning principle11 January 2007
TitlePS 06-020: Changes to the application of section 94A of the EP&A Act – ministerial direction Description

This circular is to advise councils and the planning and development industry of recent changes affecting section 94A of the Environmental Planning and Assessment Act 1979 (section 7.12 of the current Act).

Date issued and Planning principle6 December 2006
TitlePS 06-011: Changes to the public notice requirements for planning agreements DescriptionThis circular provides advice on a change to the requirements for public notification of proposed planning agreements under the Environmental Planning and Assessment Regulation 2000. Date issued and Planning principle18 April 2006
TitleCircular No. D6 DescriptionThis circular is currently in effect and replaces the previous Circular No.D6 which was issued by the Department of Planning on 28 April 1993. It suggests procedures for Crown agencies and consent authorities prior to lodging DAs, provides policy advice on conditions of consent for appropriate Crown DAs, notes the availability of the provisions of sections 91(3A), 91(3B), 91AA and 91AB (sections 4.46, and 4.47 of the current Act) and advises on the policy on inappropriate conditions of consent. Date issued and Planning principle21 September 1995

 

Page last updated: 27/07/2022