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NSW Department of Planning and Environment
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We’ve been stuck indoors, unable to do the simple things we enjoy with our family and friends. Summer is on its way and we are ready to make up for lost time.


The arts and hospitality industries have been some of the hardest hit by the pandemic. We want to help them get back on their feet, easier and faster, and bring people joy through local music, dance, arts, food and drink. We want to bring back the connections and creativity we’ve missed in our streets and towns.


To make it easier for creatives and councils to get venues set up, we are proposing changes to the settings to allow for later, longer and smaller events popping up in more and new locations.


These changes will help us support small businesses and deliver a 24-hour economy that is vibrant, diverse, inclusive and safe. It will make it easier to hold outdoor events, film, set up artisan food and drink premises or convert shops to arts or live music venues.


On exhibition - Fun SEPP

To support hospitality and arts industries get up and running, we are proposing reforms to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.


We would like your feedback on the following changes to the Codes SEPP:

  • clarify the exempt development standards for temporary private and community events
  • extend the number of days for filming as exempt development
  • a complying development pathway to allow a change of use of premises to artisan food and drink industry in certain circumstances, including development standards
  • a complying development pathway to allow a change of use of retail premises to small live music or arts venues, including developments standards and amendments to the Building Code of Australia
  • make some of the COVID emergency measures for food trucks and dark kitchens permanent.


These changes will help the hospitality and arts industries recover from the pandemic through a simpler, faster planning process.


Have your say

We want to hear from you on the proposed changes to exempt and complying development.


Visit the Planning Portal for more information and to have your say.


We have extended the exhibition to give people more time to have their say. The exhibition now runs until 30 November 2021. All feedback received during the exhibition period is considered and informs the department’s final decision.


Have your say


What is exempt and complying development?

The Codes SEPP standards for exempt and complying development apply state-wide:

  • Exempt development is minor and low-impact development that can be carried out without the need for approval, as long as it meets predetermined criteria.
  • Complying development is a fast-tracked approval process for straight-forward development where planning and building standards can be signed-off by council or an accredited certifier.


Read more about exempt and complying development in NSW.


Page last updated: 18/11/2021