nsw planning law round up - 8 march 2016

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Domestic & Cross Border

NSW Planning Law Round Up

Craig Tidemann | Partner

Sydney East Architects | 8 March 2016

Update on Reforms to the NSW Planning System



Outline• Original reform package (June 2011 - October 2013)

– Review of the planning system

– Reforms in strategic planning

– White Paper, Exposure Bills and Feedback Summary

– Planning Bills (changes in October/November 2013)

• What happened to ‘planning reform’? (November 2013 - March 2014)



Outline• What’s happened since? (2014 - 2016)

– (November 2014) Penalties, enforcement, ePlanning

– (November 2014) State significant development

– (December 2014) ‘A Plan for Growing Sydney’Priority Precincts, Subregions (Districts), WSEA, Growth Centres, Greater Sydney Commission

– (January 2015) Ministerial Local Planning Direction

– (June 2015) Repeal of SEPPs

– (October 2015) Changes to Standard Instrument LEP

– (October 2015) Western Sydney Priority Growth Area

– (November 2015) Expansion of ‘complying development’

– (November 2015) ePlanning

– (October 2015 to December 2015) Urban Renewal CorridorsGlenfield to Macarthur, Sydenham to Bankstown, Sydney Metro Northwest

– (January 2016) Greater Sydney Commission (GSC)

• Anticipated changes in 2016 and issues

• What it means for you: opportunities for your clients



Review of the Planning System

• Election in 2011– ‘repeal of Part 3A’ (Bill introduced in June 2011)

– ‘returning powers to local communities’

• Review into the planning system announced: July 2011

• Independent review panel appointed

• Issues Paper: December 2011

• Review of international best practice (Stein): May 2012

• Review Paper: May 2012

• Green Paper: July 2012



Green Paper - turned planning upside down

• Early community involvement in strategic planning

• Policies made upfront to guide development

• Planning and delivering infrastructure to support growth

• Exhibited until 14 September 2012 - 4100 submissions

• Feedback Summary released on 21 December 2012

(overview of main issues raised in consultation)



Reforms in Strategic Planning• Green Paper was coupled with a transformation in strategic planning

• Key State Policies in December 2012:

– ‘State Infrastructure Strategy’

– ‘Long Term Transport Masterplan’

– ‘Regional Action Plans’ informed by NSW 2021

• To be incorporated into the new system as either NSW Planning Policies (NPPs) or to inform Regional Growth Plans (RGPs) or Subregional Development Plans (SRDPs)

• Now set to inform Subregional (District) Plans and LEPs under ‘A Plan for Growing Sydney’



Reforms in Strategic Planning

• Draft ‘Metropolitan Strategy for Sydney to 2031’ exhibited until 28 June 2013 (coinciding with the White Paper)

• Draft ‘Lower Hunter Strategy’ Discussion paper (exhibited until 31 May 2013)

• Draft ‘Illawarra Strategy’ Discussion paper (exhibited until 11 November 2013)



White Paper and Exposure Bills

• Exhibited until 28 June 2013 - 4926 submissions

• Set out how the new strategic plans were to be implemented

• Sought to shift focus from restriction and control to enabling development

• Accompanied by exposure draft Bills

• Changes to Bills announced in

September 2013 following submissions



Proposed reforms to the Planning System

• White Paper set out reform in five areas:

1. Delivery culture - changing the planning culture

2. Community participation

3. Introducing a Strategic planning framework

4. Development assessment

5. Provision of infrastructure

• Mirror the Green Paper. Reorganised to emphasise priority

• Changes proposed to Building Regulation and Certification

• Biggest change to planning in 30 years



Planning Bills

• Feedback Report released on 22 October 2013

– Addressed key issues raised by stakeholders

– Explained changes to the Bills made in response to community feedback

• Planning Bill 2013 and Planning Administration Bill 2013

(Planning Bills) introduced into Parliament on 22 October 2013



Planning Bills - 2013

• Passed Legislative Assembly without amendment

• Introduced into the Legislative Council on 30 October 2013

– Sustained debate

– More than 80 amendments sought

– Passed on 27 November 2013 with 51 amendments

• Amendments included the removal of ‘code assessment development’ as well as many other potential reforms and benefits

• On 28 November 2013, the Government delayed consideration of these amendments for 3 months until Parliament resumed



Planning Bills - 2014• February/March 2014:

– (12th) ‘amendments moved in the Legislative Council...effectively gutted our proposed planning legislation’

– (12th) ‘considering options on the best means to implement the reforms’

– (28th) ‘the Planning Bill remains in the Parliament and the Government continues to work...to achieve planning reforms...’

– (1st) ‘introduce reforms using other mechanisms’

• 19 March 2014 - remained on the Legislative Assembly Business Papers

• 23 April 2014 - new Planning Minister - Pru Goward

• Political discussion around ‘Reforms to the Planning System’ were reframed around the delivery of infrastructure / housing targets (affordability) being met through land release and increased density around existing and planned transport nodes

• The Planning Bills lapsed when the session of Parliament ended on 8 September 2014

• The Planning Bills have not been restored in a later session of Parliament



EP&A Act Amendments - October 2014

• Environmental Planning and Assessment Amendment Bill 2014 introduced into the NSW Parliament to amend the Environmental Planning and Assessment Act 1979 (EP&A Act)

– New offences and higher penalties

– New enforcement powers for the Land & Environment Court (LEC) and Councils

– New ePlanning system

• Amendments passed on 19 November 2014, and came into operation in late 2015

• All amendments were proposed in one form or another as part of the previous 3 year process to reform the planning system - some go further



EP&A Act Amendments - Offences

• New offences under the EP&A Act include: – Section 125(3A): where a person aids and abets or conspires to commit an offence

under the EP&A Act

– Section 148B: that a person must not provide information in connection with a planning matter that they know, or ought reasonably to know, is false or misleading in a material particular

• These offences apply to applicants and any person engaged by an applicant (eg. an architect, or a planning or environmental consultant engaged to prepare a DA or an EIS etc.)



EP&A Act Amendments - Penalties

• Provide for a significant increase in penalties for planning offences (current maximum of $1.1 million)

• Are split into three tiers based on the seriousness of the offence (similar to NSW environmental laws)

• Commenced on 31 July 2015

Tier OffenceMaximum Penalty

Corporation / Individual

Tier 1 Offences under s125(1) of the EP&A Act that are committed intentionally and:

• cause, or are likely to cause, significant harm to the environment; or

• cause the death of, or serious injury or illness to, a person

$5 million / $1 million

Tier 2 Offences under s125(1) of the EP&A Act that are not Tier 1 or Tier 3 offences (eg. breach of consent)

$2 million / $500,000

Tier 3 Procedural or administrative offences, such as a 'certificate-related offence' (eg. occupation certificate)

$1 million / $250,000



EP&A Act Amendments - Enforcement• Councils provided with greater powers of investigation to:

– Enter non-residential premises without first giving notice to the owner or occupier

– Require information or records before entering premises and seize items that officers suspect are connected with an offence

– Prosecute offences within two years of an offence being brought to their attention, rather than within two years of the offence being committed

• Similar to EPA authorised officers

• LEC provided with greater powers to:– Require offenders to pay additional money, on top of any penalty imposed (eg. to

cancel out any monetary benefit they received from committing an offence)

– Order the offender to be named and shamed at their own expense (eg. by taking out newspaper advertisements at their own cost)

– Force offenders who damage the environment to rectify the damage they caused at their own expense

• The changes aim to prevent the writing-off of fines for planning offences, or profiting from a breach of planning laws



EP&A Act Amendments - ePlanning

• Amendments to the EP&A Act provide for:– The creation of NSW Planning Portal (Portal)

– Online delivery of planning services and information

– The creation of a NSW Planning Database

• A consent is to become effective and operate from the date the determination is registered on the Portal

• Went (partly) ‘live’ on 30 November 2015



EP&A Act Amendments – ePlanning (beta testing)

• The PlanningHub was released in March 2015. It contains a range of ePlanning tools and information, including:

– Application Tracking

– BASIX

– Electronic Housing Code - enables prompt assessment of whether a development is exempt or complying development

– Interactive Buildings - helps a person to understand and interpret development standards for exempt development

– Local Insights - a map which provides a range of statistics, population projections and locations of DAs

– Planning Viewer - provides a summary of planning rules that apply to individual parcels of land



Proposed SSD Amendments - November 2014

• Proposed amendments to the processing of State Significant Development (SSD), including:

– Introducing clear timeframes for the Planning Assessment Commission (PAC) and other Government assessment processes and accountability for meeting those timeframes

– Establishing a whole-of-government approach to assessing SSD to make sure that agencies responsible provide timely advice and feedback

– Setting up a panel of independent experts who will advise the NSW Government and the PAC on technical issues

– Giving clear guidance to the PAC on government policy– Engaging better with communities affected by SSD by providing clear

information and more opportunities for community consultation– Appointing additional compliance officers to ensure compliance

• Aims to reduce the average time taken to process SSD by up to 170 days, while providing more certainty to communities and business

• No Bill has been introduced at this stage



‘A Plan for Growing Sydney’ - December 2014• Released on 14 December 2014 - 21 months after the Draft ‘Metropolitan Strategy for

Sydney to 2031’

• Guides land use planning decisions for the next 20 years in the metropolitan area

• Supersedes ‘Metropolitan Plan for Sydney to 2036’

• Sets out four main goals:

1. A competitive economy with world-class service and transport

2. A city of housing choice with homes that meet our needs and lifestyles

3. A great place to live with strong, healthy and well connected communities

4. A sustainable and resilient city that protects the natural environment and has a balanced approach to the use of land and resources

• Each goal is broken up into directions specifying actions. The plan largely focuses on the first goal (via ‘Strategic Centres’ and ‘Growth Areas’ – especially in Western Sydney)



‘A Plan for Growing Sydney’



‘A Plan for Growing Sydney’ - Key aspects

• Contemplates greater growth than the Draft, with increases to the:– Metropolitan housing target for 2031 to a minimum of 664,000 (21% increase

from the Draft)

– Job creation target up to 689,000 new jobs (10% increase from the Draft)

• Greater focus on Western Sydney and Parramatta, which is to be a 2nd

CBD

• Incorporates Badgerys Creek Airport (for the 1st time)

• Extends the ‘Global Economic Corridor’ to Parramatta, Norwest and Sydney Olympic Park

• Housing is to be primarily provided through ‘Priority Precincts’ (formerly Urban Activation Precincts) and other UrbanGrowth NSW programs

• Greenfields housing supply is largely confined to the North West and South West Growth Centres



‘A Plan for Growing Sydney’ - Key aspects

• Urban renewal and housing is planned within the ‘Priority Precincts’

• Urban renewal and housing is planned along transport corridors such as:

– North-West Rail Link corridor

– Parramatta Road corridor

– Anzac Parade corridor

– Bankstown to Sydenham corridor

• Transport initiatives include:

– Extension of both the North and South West Rail Links

– Western Sydney Rail Upgrade

– Outer Sydney Orbital (M9)

– WestConnex and NorthConnex Motorways

– Western Harbour Tunnel

– Parramatta Light Rail



‘A Plan for Growing Sydney’ – Subregions (Districts)

• Identifies 6 new subregions for Sydney

• Government initially set aside 12 months to work with local Councils in each subregion to develop Subregional Plans which are to contain jobs and housing targets for each region (taken longer with introduction of GSC)

• Subregional (District) Plans are to:

– Provide the link between the Plan and detailed planning controls applying to local areas

– Influence the delivery of housing supply

– Inform decision making for infrastructure planning

– Provide guidance on planning issues of a subregional nature



‘A Plan for Growing Sydney’ - Priority Precincts

• Urban Activation Precincts are renamed ‘Priority Precincts’ with the release of the Plan

• Priority Precincts are areas identified as having social, economic or environmental significance for the community and are capable of supporting significant redevelopment and growth

• Priority Precincts are designed to revitalise and stimulate growth in existing areas by:– Rezoning precincts to allow for increased development (by way of SEPPs)– Amending height of buildings, FSR requirements, density and heritage maps in

precinct areas– Providing additional housing and employment– Improving local infrastructure, including parks and community facilities

• Priority Precincts present an opportunity across a wide range of sectors, including housing, retail and commercial as well as seniors living, affordable housing, registered and sporting clubs, community centres and recreation



‘A Plan for Growing Sydney’ - Priority Precincts• Location and status of the current 11 Priority Precincts are:

• Priority Precincts in Randwick, Anzac Parade South and Mascot Station are on hold, due to community and Council opposition and consideration of the WestConnex

Priority Precinct Status

North Ryde Station Rezoned in September 2013

Epping Town Centre Rezoned in March 2014

Wentworth Point Rezoned in June 2014

Carter Street, Lidcombe Rezoned in November 2015

Macquarie University Station (Herring Road) Rezoned in September 2015

Kellyville Station Public exhibition until 28 February 2016, currently under consideration

Showground Station Public exhibition until 28 February 2016, currently under consideration

Bella Vista Station Public exhibition until 28 February 2016, currently under consideration

Banksia Announced in December 2014, draft precinct proposal being prepared

Arncliffe Announced in December 2014, draft precinct proposal being prepared

Camellia Draft Land Use and Infrastructure Strategy exhibited until 18 September 2015, draft precinct proposal being prepared

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‘A Plan for Growing Sydney’ - WSEA

• The Western Sydney Employment Area (WSEA) is about 15,000 ha of land set aside for commercial/industrial purposes at the intersection of the M4 / M7 Motorways

• The WSEA is to enable Western Sydney to meet the demand for new jobs

• The Plan identifies the WSEA as the single largest new employment space in the Metropolitan Area

• The WSEA is divided into 11 separate precincts and is expected to deliver more than 36,000 industrial jobs and 21,000 office jobs over the next 30 years and up to 212,000 new jobs when the area is fully developed

• Originally, in August 2009, 2,200 ha was set aside for the WSEA with the commencement of the State Environmental Planning Policy (Western Sydney

Employment Area) 2009 (WSEA SEPP)




• The Broader WSEA draft Structure Plan was released in June 2013. The Structure Plan is to inform future rezoning, staging of land releases, land use and the provision of infrastructure

• With regard to the Badgerys Creek Airport announcement in April 2014:– The WSEA SEPP was amended in December 2014 to dedicate an additional 4,537

ha of new employment lands to the WSEA

– The draft Structure Plan was to be completed by the end of 2015




• The draft Structure Plan for the WSEA is being further refined by the Department

• This is to be finalised following the release of the Commonwealth’s draft Environmental Impact Statement for the Western Sydney Airport (which was exhibited from 19 October 2015 to 18 December 2015)

• The size of the WSEA was reduced in October 2015 (down to its original size) to allow for the ‘Western Sydney Priority Growth Area’

• Draft proposals for the rezoning of land at:

• Horsley Park was publically exhibited until 2 November 2015

• Mamre West is on public exhibition until 1 April 2016



‘A Plan for Growing Sydney’ – October 2015

• In October 2015, the Western Sydney Priority Growth Area (WSPGA) was created

• The WSPGA is located around the future Badgerys Creek airport – incorporates land previously identified as part of

the broader WSEA and the ‘South West Priority Growth Area’

• Is to provide opportunities for new jobs, homes, services and infrastructure around the Badgerys Creek Airport

• A new special infrastructure contribution levy is to be established to cover the cost of regional road infrastructure

• A draft Land Use and Infrastructure Strategy is to be prepared by the Department in conjunction with the Liverpool and Penrith Councils



‘A Plan for Growing Sydney’ - Growth Centres

• The Sydney Growth Centres are two regions of largely undeveloped land identified in Sydney's North West and South West of about 27,000 ha divided into 34 Precincts

• The Growth Centres contains enough land to develop more than 180,000 homes to accommodate 500,000 people over the next 30 years

• Since 2005, 12 Precincts have been rezoned and a number of other Precincts are undergoing Precinct Planning. Each precinct is rezoned by the State Environmental

Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP)



‘A Plan for Growing Sydney’ - Growth Centres

• On 15 August 2014, the Growth Centres SEPP was amended to encourage diverse and affordable housing options the Growth Centres by standardising:

– Approval pathways

– Minimum lot sizes for different housing types

– Housing types

– Controls for subdivision and design

• The changes provide developers with flexibility in delivering smaller homes on smaller lots, by reducing the need to construct homes prior to subdivision for lots as small as 250m2 (or down to 225m2 in some locations)

• The changes also allow minimum lot sizes of 125m2 in higher density areas close to transport and town centres (subject to certain dwelling designs)

• An additional 2,500 small lots are now able to be developed in the Growth Centres



‘A Plan for Growing Sydney’ - Implementation

• On 14 January 2015, the Minister issued a new local planning direction to metropolitan councils pursuant to section 117 of the EP&A Act to ensure implementation of the Plan

• The direction applies whenever a relevant planning authority is preparing a new planning proposal and requires that the planning proposal be consistent with the new Plan

• This framework represents a fundamental change (proposed in the planning reforms) to the former system in which the ‘Metropolitan Plan for Sydney 2036’ did not need to be implemented in planning controls

• More detailed priorities are to be prepared for each of the 6 sub-regions (districts) to implement the Plan in conjunction with the Greater Sydney Commission (GSC)

• At the local level, the Plans actions will be implemented via existing LEPs and new Community Strategic plans prepared by local councils and monitored by the GSC

• The Plan is intended to work in conjunction with the ‘Long Term Transport Masterplan’, ‘Rebuilding NSW - State Infrastructure Strategy’ and other recent strategic plans



Further Regional Plans

• In addition to ‘A Plan for Growing Sydney’ the Department is preparing further Regional Plans, including:

– Illawarra-Shoalhaven Regional Plan approved by in November 2015

– Draft Hunter Regional Plan on exhibition till 24 March 2016

– Draft Central Coast Regional Plan on exhibition till 24 March 2016

– Draft North Coast Regional Plan on exhibition till 2 June 2016



Further Regional Plans

• Other Regional Plans are also being prepared for:– Central West and Orana Region

– New England North West Region

– Murray Murrumbidgee Region

– South East and Tablelands Region



2015 Development Assessment Report Card

• On 4 June 2015, the PCA released their 3rd Development Assessment Report Card (Report)

• The Report provided that:

– NSW is ranked 7th out of 8 jurisdictions in housing affordability

– (Even with record housing approval levels) NSW is on track to have a housing deficit

of 190,000 dwellings by 2031

– Laments poor housing affordability being attributable partly to the abandonment of

wholesale planning reform

• Other problems identified in the Report included:

– Complexity of the planning system

– Council numbers and politics

– Excessive time delays in assessments

• Concludes that housing affordability will worsen without substantive planning reform



Repeal of SEPPs – June 2015

• On 11 June 2015, the draft State Environmental Planning Policy (Integration and Repeal) 2015 (Draft SEPP) was released by the Department

• The Draft SEPP seeks to:

– Repeal 11 SEPPs which contain controls that have been superseded by regional strategies, LEPs and other SEPPs

– Transfer controls in 5 SEPPs to the relevant LEP

– Make other amendments to SEPPs

• Planning controls in these SEPPs have either been implemented elsewhere in the planning system, or will be transferred to the relevant LEP

• Review is aimed at simplifying and improving the planning system

• Review reflects priority action in the NSW 2021 Plan for a clear and transparent planning system

• The Draft SEPP is currently under consideration by the Department

• Other SEPPs about to come under review – eg. Seniors SEPP



Changes to Standard Instrument LEPs – October 2015

• In October 2015, the Standard Instrument (Local Environmental Plans) Amendment Order

2015 (Order) was released by the Department

• The Order seeks to:

– amend Standard Instrument LEPs

– Standard Instrument LEPs are automatically amended when the Department makes changes to

the Standard Instrument

– simplify the planning system by cutting red tape and giving greater clarity and certainty

• Proposed amendments to Standard Instrument LEPs include:

– ‘hardware and building supplies’ and ‘garden centres’ being permitted in IN1, IN2 and B7 zones

– ‘places of public worship’ being permitted in IN1 and IN2 zones

– amendments to the ‘minimum subdivision lot size’

– amendments to the definition of ‘building height’ (to allow height of buildings to be measured

relative to a known datum)

• Submissions closed on 18 November 2015 and the Order is currently with the Department



Expansion of Complying Development – November 2015

• In November 2015, the Minister for Planning released a discussion paper on fast-tracking the delivery of ‘medium density housing’ under the State Environmental Planning Policy

(Exempt and Complying Development Codes) 2008 (Codes SEPP)

• Discussion paper looks at expanding the types of ‘complying development to low rise

medium density housing to include 1 and 2 storey dual occupancy dwellings, terraces,

villas, townhouses and manor homes

• Proposal aims to develop a consistent State-wide approach

to ‘fast-tracking’ medium density housing developments

to address (what it describes as) ‘the missing middle’

• It is expected these changes will fast-track the development

of between 2-10 dwellings on a single allotment



Expansion of Complying Development – November 2015

• The types of medium density housing set to be complying development are:

– 2 dwellings (dual occupancies) on a single lot with a minimum lot size of 400m2

– 3 - 4 dwellings (manor homes) on a single lot with a minimum lot size of 500m2

– 3 - 10 dwellings on a single lot with a minimum lot size of 600m2

(townhouses/terraces and/or a combination of development types resulting in 3-10 dwellings on a single lot - for example, a dual occupancy and a manor home on the same lot)

• Proposed to be available in R1, R2 and R3 zones (2 dwellings are not to be in R4, R5, Rural and Environmental Living zones)

• Submissions closed on 1 March 2016 and are currently being considered by the Department

• A maximum of 10 dwellings and a height limit of 8.5m (2 storeys) is recommended to ensure that the scale and built form of development under complying development is manageable and that any proposed development will fit into an existing residential streetscape



Community participation

Source: Update on the Planning Bill, DOPI, 29.10.13, sl 24 and 25.

current system

code assessment



ePlanning – NSW Planning Portal

• The Planning Portal and NSW Planning Database commenced on 30 November 2015

• The Planning Portal provides public access to planning services such as:– online planning tools

– Council details (information, maps, portal)

– property details (information, maps, portal)

• The Planning Database is an electronic repository of documents, including:– environmental planning instruments

– spatial datasets

– maps



ePlanning – ‘Interactive Buildings’• Contains an interactive building service

to assist in identifying:– changes you can make to a property without

approval

– certain building projects allowed on land

– restrictions applying (eg. whether a property is prone to flooding, or if it is in a bushfire prone area)

• 3D models are available for residential, commercial and industrial developments

• Relates to the Codes SEPP, primarily in respect of exempt development



Formerly proposed: ‘Development codes and guides’

• Provide detailed standards for development permitted in a zone

• Primarily address the physical form of development and (where possible) are to be presented visually

• Address urban design and design excellence

• Urban form is to be shown visually as building envelopes

• Model development guides were to be

prepared. Councils can adopt their own.

Where they do not Model development

guides are to apply



ePlanning – ‘Interactive Buildings’• Examples of the Commercial Model and Industrial Model include:



ePlanning – ‘Local Insights’• Local Insights provides demographic and

development information about local council areas

• You can enter an address, suburb or a local council area to view information on:

– Interactive map showing the location of current development applications (where available)

– Population growth

– Number of households and type

– Demographic data

– DAs type and price bracket

– Number of development applications received

– Average time taken to process DAs (in days)

– Number of construction certificates issued

– Average dollar value of DAs received



ePlanning – coming in 2016

• Further updates are to be made to the Planning Portal in 2016, including the introduction of: – Online lodgement of Local and Regional development applications

– Online lodgement of Complying Development Certificates

– Tracking of State Significant, Regional and Local Developments

– Register of Planning Consents

– Application Details portal (State Significant, Regional and Local Developments)

– Development Control Plan portal

– Contribution Plan portal

– Demographic data for Council areas

– Legal certification of Complying Development

– Publication of Exempt Development Certificates

– 3D Models and fly throughs for major projects

– Comprehensive Property Reports



Urban Renewal Corridors – July to December 2015

• Glenfield to Macarthur (July 2015)• Sydenham to Bankstown Strategy (October 2015) • Sydney Metro Northwest (December 2015)

– also comprising ‘Priority Precincts’ for Bella Vista, Kellyville and Showground



Glenfield to Macarthur – July 2015

• The Glenfield to Macarthur Urban Renewal Corridor is to revitalise 7 town centres around the Glenfield, Macquarie Fields, Ingleburn, Minto, Leumeah, Campbelltown and Macarthur train stations

• The urban renewal is to provide:

• 15,000 new homes over 20 years

• 20,700 new jobs over 20 years

• Public exhibition of the draft Glenfield to

Macarthur Urban Renewal Corridor Strategy

concluded on 14 September 2015 and is under consideration by the Department



Sydenham to Bankstown – October 2015• The Sydenham to Bankstown Urban Renewal Corridor is to revitalise town

centres around the 11 stations on the Sydenham to Bankstown train line– Sydenham, Marrickville, Dulwich Hill, Hurlstone Park, Canterbury, Campsie,

Belmore, Lakemba, Wiley Park, Punchbowl, Bankstown

• The urban renewal is set to provide about 36,000 new homes over the next 20 years as well as related retail and community facilities

• Works align with Transport for NSW’s plan for ‘metro trains’ on the Bankstown line, to be completed by 2024



Sydenham to Bankstown – ‘Priority Precincts’

• 3 new ‘Priority Precincts’ have been foreshadowed for Canterbury, Campsie and Belmore

• Under the Government’s Priority Precinct Program, each nominated precinct is to receive $5m for community infrastructure, on top of developer levies from Section 94 Plans

• Concerns about the Sydenham to Bankstown corridor which have been raised by the Canterbury Council include:

– Increased traffic– Lack of affordable housing– Funding for infrastructure– Fails to provide adequate protection of heritage items

• Concerns also raised over scale of development at Hurlstone Park, as this area is currently being considered for listing as a Heritage Conservation Area

• Public exhibition of the Sydenham to Bankstown Urban Renewal Corridor Strategy ended on 7 February 2016 and is under consideration by the Department



Sydney Metro Northwest – Urban Renewal Corridor• The Sydney Metro Northwest

Urban Renewal Corridor was initially announced with limited detail in August 2014

• The urban renewal incorporates the 8 town centres located along the 23km NW rail link, from Epping to Rouse Hill, including: Cherrybrook, Castle Hill, Showground, Norwest, Bella Vista, Kellyville, Rouse Hill and Cudgegong Road

• Coupled with new retail and community facilities, this urban renewal is set to provide:– 12,000 homes over 20 years– 19,000 jobs over 20 years



‘Priority Precincts’ – December 2015

• In December 2015, draft Precinct Plans were released for the Sydney Metro Northwest Urban Renewal Corridor at:– Kellyville– Bella Vista– Showground

• The draft Plans provide for up to 13,500 new homes, 14,000 new jobs, areas for schools, public open space, pedestrian and cycle links and road upgrades

• Public exhibition of draft Plans for Bella Vista, Kellyville and Showground precincts ended on 28 February 2016 and are currently being assessed by the Department



Greater Sydney Commission (GSC) – January 2016 • ‘A Plan for Growing Sydney’ (Plan) provides for the

creation of the Greater Sydney Commission • On 27 January 2016, the:

– GSC was established

– Greater Sydney Commission Act 2015 came into force

– 6 districts of Sydney were declared (North, Central, South, West Central, West and South West)

• The GSC is responsible for the delivery of the Plan and a range of planning functions, including:– Coordinating and driving delivery of actions outlined in the Plan– Working with councils, the community and other stakeholders to

assist in identifying strategic locations for housing, employment, associated services and green space

– Driving the consolidation of local government areas within six subregions

– Preparing strategic plans (Regional Plans, District Plans, LEPs)

– Determining planning proposals

– Delegating plan making functions

– Monitoring and reviewing LEPs

– Advising on matters of strategic planning as requested by the Minister



GSC – District Plans• The GSC is responsible for the preparation and delivery of District Plans for each

district

– District Plans are to be exhibited shortly and be in place by 27 January 2017

– Until District Plans are finalised, Council's need to demonstrate how planning proposals will give effect to the Plan, in accordance with the existing section 117 direction

• Each District Plan is to include or identify:

– Basis for strategic planning in the district, having regard to economic, social and environmental matters

– Planning priorities for the district that are consistent with the objectives, strategies and actions specified in the regional plan for the region in respect of which the district is part

– Actions required for achieving those planning priorities

– Basis on which the relevant strategic planning authority is to monitor and report on the implementation of those actions

– Areas of State, regional or district significance, including priority growth areas

– Such other matters as the relevant strategic planning authority considers relevant to planning for the district



GSC - Evidence Based Studies• On 2 March 2016, the GCS released the first stage of evidence base studies• These studies are to inform the development of the 6 district plans • They set out a detailed context on how Sydney is working, what the latest trends

are, and what is anticipated in the future• The first stage of evidence base studies provides an overview of each of the

Districts and covers a number of elements relating to employment and the economy, housing patterns and projections, and access to lifestyle assets such as green space

• The studies contain a significant amount of material which addresses the following categories:

– Overview and analysis

– Economy and employment

– Housing

– Liveability



GSC – Evidence Based Studies

• To the extent relevant, each category contains information about:

– Demographic and economic characteristics for each district

– Local Planning Summaries for each district

– 7 Economic and Employment reports

– Housing Monitor Reports

– Housing Market Demand Areas

– Housing Growth Projections

– The Sydney Open Space Audit

– Green Grid



Greater Sydney Commission – Members• The GSC is to comprise 13 Commissioners, including:

– 4 Greater Sydney Commissioners

– 6 District Commissioners

– Secretaries of the Departments of Planning and Environment, Transport and Treasury

• The GSC is also supported by Chief Executive Officer: Sarah Hill• In December 2015, 4 Commissioners were appointed:

– Chief Commissioner: Lucy Turnbull

– Deputy Chief Commissioner and Economic Commissioner: Geoff Roberts

– Social Commissioner: Heather Nesbitt

– Environment Commissioner: Roderick Simpson

• 4 of the 6 District Commissioners have been appointed– North: Dr Deborah Dearing

– Central: Maria Atkinson

– West: Sean O’Toole

– West Central: Professor Edward Blakely

– South West and South: yet to be appointed



Greater Sydney Commission – Committees

• A number of specialist committees are to be established within the GSC, including:– Finance and Governance Committee: will lead strategic decision-making

– Strategic Planning Committee: will prepare draft strategic plans and monitor and report on the implementation of the strategic plans

– Infrastructure Delivery Committee: will coordinate infrastructure and land use decisions by providing information, advice and regular reports on the infrastructure requirements needed to support housing and employment opportunities in the Greater Sydney region

• Sydney Planning Panels: – Will become operational in late 2016, or when the District Plans are in place

– Will take over the decision making roles currently performed by JRPPs, including determining DAs, undertake LEP making functions (conduct rezoning reviews, issuing gateway determinations and making plans as the Commissioner’s delegate) and providing advice and assistance to the Minister as requested

– Membership will include the relevant District Commissioner, two state members appointed by the Minister and two council members appointed by the local council



Proposed Council Amalgamations – January 2016

• On 6 January 2016, the Minister for Local Government made 35 proposals for Council mergers

• The proposed mergers will reduce the number of Council’s from 152 to 112– 43 to 25 Council’s in Sydney– 109 to 87 Council’s in regional

NSW• The amalgamation process will

be conducted through the Local Government Boundaries Commission

• The merger proposals are currently undergoing public consultation

• An outcome on the merger proposals is expected mid -2016



Parramatta Light Rail Project – March 2016

• On 7 March 2016, Transport for NSW announced details about the Parramatta Light Rail project

• The 20 kilometre light rail project is to:

– Incorporate two light rail lines: from Westmead to Strathfield with a branch to Carlingford

– 22 proposed stops, including 6 stops at existing train stations

– Transport interchanges at Westmead, Parramatta, Olympic Park, Strathfield, Camellia and Carlingford train stations

• The line between Camellia and Carlingford will replace the existing heavy rail

• Public consultation on the exact route will take place later in 2016

• Anticipate an Urban Renewal Corridor



Anticipated changes in 2016 and issues• Note: no significant reform announcements ahead of the 28 March 2015 election• April 2015 - new Planning Minister - Rob Stokes• Future change is likely to be guided by the former planning reform agenda• Clear(at least in the medium term) that reform is to be introduced via

amendments to the EP&A Act, environmental planning instruments and strategic plans:– Amendments to SSD– Commencement of further components of ePlanning– District Plans to be placed on public exhibition– Community Strategic Plans– New Priority Precincts (only 8 of the current 11 have been made/exhibited + 6 others

announced/nominated – more to come)– Structure Plan for the WSEA– New amendments to the EP&A Act and related instruments and plans – informed by

the planning reforms• Application of code assessment development (or other fast-tracked approvals)

to Priority Precincts and/or Growth Centres and more broadly• Sydney Planning Panels on the horizon• Be mindful of the consequences of some amendments



Opportunities for Developers?• Priority Precincts (primary mechanism to deliver more homes) – focus on housing

delivery (664,000 new dwellings by 2031) and associated development

• Growth Centres - look to the West

• Urban Renewal Corridors – for urban renewal and housing purposes

• WSEA – for commercial / industrial purposes

• Sites next to job rich areas (key criteria for identifying site with potential for urban renewal are ones that are near a local centre, transport corridor or public transport)

• Infrastructure - both development and acquisition

• Surplus government land to be released for housing, which is likely to be driven by UrbanGrowth NSW and released through government processes

• Be proactive in assessing any impact proposed changes to the planning system could have on your sites, operations, planned development, ongoing land use or acquisitions:

– be mindful of changes in strategic planning

– engage in community consultation to preserve or enhance your interests particularly at the district level (ensure you or your clients are involved)



NSW Planning Law Round Up

Craig Tidemann | Partner – Planning & Environment

W +61 2 8248 5800

E [email protected]

Craig Tidemann

@craig_tidemann

This Presentation is prepared by Thomson Geer. It is intended to provide general information in summary form on legal topics, current at the time of publication only. The contents is not legal advice and is not to be relied upon as such. Formal legal advice should be sought in particular matters. Liability

limited by a scheme approved under Professional Standards Legislation.

Update on Reforms to the NSW Planning System

nsw planning law round up - 8 march 2016

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