Proposed Amendment to the Seniors Housing SEPP

Proposed new rules for Site Compatibility Certificates (SCC)

Under the State Environmental Planning Policy (Housing for Seniors People with a Disability) 2004 (Seniors SEPP) development for seniors hosing is permissible subject to meeting the requirements and in some cases requiring a SCC. Modification to the State Policy governing housing for seniors has been proposed in relation to the use of SCC's. 

The amendments address the practice of incremental expansion of land for seniors housing through the application of Site Compatibility Certificates. The revision will outline:

  • a SCC can not be issued for additional land, unless the land independently meets all the criteria for the SCC;
  • a SCC can not be amended to include additional land unless it meets the SCC criteria; and
  • a SCC can be reissued for a site which the original SCC applied if the SCC is no longer current, but it can not be extended to include additional land unless it independently meets the outlined criteria. 

The proposed policy will apply to all new applications for Site Compatibility Certificates lodged. 

Changes to the Environmental Planning and Assessment Act 1979 (NSW)

On the 23rd of November 2017, NSW Parliament approved changes to the Environmental Planning and Assessment Act with the Amendment Bill 2017 awaiting proclamation.

The reforms will address:

  • Local Strategic Planning Statements - New Planning proposals must take into account Council's local strategic planning priorities and targets;
  • Community Participation Plans - Planning Authorities will be required to prepare CPPs on how they will engage the community in relevant planning decisions in relation to the Act's new community participation principles;
  • Standardizing Development Control Plans - a standardized format and structure will be released for DCPs;
  • Facilitate the enforcement of Complying Development requirements;
  • New tools to combat breaches of the Act;
  • Concurrent advice for Part 5 Development - Public authorities will be required to consult with other authorities before commencing work in infrastructure corridors.

The current structure of the EP&A Act will be restructured from 8 parts into 10, resulting in the reordering of existing sections. These amendments will see the largest number of changes to the Act implemented since the Bill was passed in 1979.

With most changes to commence on 1st of March 2018, a staged approach will be used to introduce the changes, due to the amount of large amendments to the Act. Majority of the changes will be in placed by the end of 2018 with the last amendment to occur in 2020.

Overall, the changes extend the powers of consent authorities and impose additional obligations on them for community participation and strategic planning. The expansion is likely to impact developers by increasing the cost of development and compliance, as the provisions within the Act are tightened.

For more information regarding the new changes, visit the NSW Department of Planning and Environment via the link below

http://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and-Legislation/Legislative-Updates-to-the-Environmental-Planning-and-Assessment-Act

Update on NSW Council, IHAP, and JRPP Triggers

As of 1 March 2018, there will be four different levels of consent authority determining DAs in the State of NSW. DAs meeting the State Significant Development provisions under State Environmental Planning Policy (State and Regional Development) 2011 will continue to be determined by the Minister for Planning or his/her delegate.

Independent Hearing and Assessment Panels (IHAPs) will be established throughout the Greater Sydney and Wollongong Local Government Areas, with other LGAs across the State free to establish IHAPs on a voluntary basis. Where the relevant LGA is subject to a ruling IHAP, any of the following would trigger a DA to be assessed by the IHAP rather than the local Council:

  • CIV >$5;
  • Where the applicant/owner is related to an employee/Member of Parliament, or is themselves a Council employee/Member of Parliament;
  • DAs receiving ≥ 10 objections from different households;
  • DAs accompanied by a Voluntary Planning Agreement;
  • DAs seeking >10% departure from a development standard;
  • DAs with a higher risk of corruption, including:
  • Residential flat buildings assessed under SEPP 65;
  • Demolition of heritage items;
  • Licensed premises of public entertainment and sex industry premises;
  • Designated development;
  • Any modification application meeting the above criteria.

The Joint Regional Planning Panels (JRPP)s will continue to assess DAs meeting other thresholds as follows:

  • CIV >$30M (unless otherwise classed as State Significant Development);
  • Development with a capital investment value over $5 million which is:
  • Council related;
  • Lodged by on behalf of the State of NSW;
  • For private infrastructure and community facilities
  • For eco-tourist facilities;
  • Extractive industries, waste facilities and marinas that are designated development;
  • Certain coastal subdivisions;
  • CIV between $10M-$30M which the applicant refers to the panel after 120 days; and
  • Where Minister makes a designation that the particular development type in the relevant LGA be subject to the JRPP.

Notably, developments within the City of Sydney will no longer be subject to the JRPP process. Any other DA not meeting the above criteria for SSD, IHAP or JRPP assessible development will continue to be assessed by the relevant local Council.

Please contact our office for further information.

Primary Production and Rural Development

Last week the Department of Planning and Environment released draft planning reforms to improve the planning framework for primary production and rural development.  These are outlined within the Primary Production and Rural Development - Explanation of Intended Effect (EIE).

The reforms will consolidate the following five existing SEPPs:

  • State Environmental Planning Policy (Rural Lands) 2008 (Rural Lands SEPP)
  • State Environmental Planning Policy 30 - Intensive Agriculture (SEPP 30)
  • State Environmental Planning Policy 52 - Farm Dams and Other Works in Land and Water Management Plan Areas (SEPP 52)
  • State Environmental Planning Policy 62 - Sustainable Aquaculture (SEPP 62)
  • Sydney Regional Environmental Plan 8 - Central Coast Plateau Areas (SREP 8)

The proposals will: 

  • ensure planning provisions are up-to-date and provide support for primary industry and rural communities in meeting contemporary and emerging challenges;
  • improve the efficiency of planning processes, ensuring provisions are positioned at the appropriate level in the planning framework and in the most effective planning instrument to achieve the intended policy outcome;
  •  assist in delivering commitments in support of current and future farming practices, including management of land use conflict.

The planned repeal of the five SEPPs, together with the transfer and updating of provisions that remain relevant into the new SEPP or other existing planning instruments, will remove unnecessary duplication and overlap. This will support faster and streamlined project assessments and approvals.

The department is taking submissions until the 15th of January 2018.

For further information, visit the Department of Planning and Environments website - www.planning.nsw.gov.au 

 

 

draft Greater Newcastle Metropolitian Plan

Last week the Department of Planning and Environment released the draft Greater Newcastle Metropolitan Plan. The plan aligns with the vision and goals of the Hunter Regional Plan 2036; driving sustainable growth in areas across Cessnock, Lake Macquarie, Maitland, Newcastle and Port Stephens. 

The draft metropolitan plan foresees investment in aviation, transport, education, health and tourism and aims to capitalize on this investment to provide a collaborative framework between the Regional Plan highlighting the outcomes and strategies to transform Newcastle into an integrated metropolitan city. 

For more information, visit the Department of Planning and Environment website - www.planning.nsw.gov.au 

 

 

 

State Environmental Planning Policy (SEPP) - Improving the Frameworks

On the 30th of November 2017, the Department of Planning and Environment advised they are developing a new State Environmental Planing Policy (SEPP) for the protection and management of our natural environment. 

The proposal seeks to consolidate seven existing SEPPs to simplify the planning rules surrounding water catchments, waterways, urban bushland and the Willandra Lakes World Heritage Property. The consolidation will allow the current policies to be accessible in one location as well as reflecting the changes which have occurred since their creation. 

The policies set for consolidation are:

  • State Environmental Planning Policy No.19 - Bushland in Urban Areas
  • State Environmental Planning Policy (Sydney Drinking Water Catchment) 201
  • State Environment Planning Policy No. 50 - Canal Estate Development
  • Greater Metropolitan Regional Environmental Plan No.2 - Georges River Catchment
  • Sydney Regional Environmental Plan No. 20 - Hawkesbury-Neapean River (No.2-1997)
  • Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
  • Willandra Lakes Regional Environmental Plan No.1- World Heritage Property.

Changes are also set to the proposed Standard Instrument - Principal Local Environmental Plan, with some provisions of the existing policies to be transferred to the new Section 117 Local Planing Directions where appropriate. 

Should you need any further information, head on over to the Department of Planning and Environment website - www.planning.nsw.gov.au 

 

 

 

NSW Environmental Planning and Assessment Act 1979 (EP&A Act) Reforms

On Wednesday the 15th of November, the NSW State Parliament passed the Environmental Planning and Assessment Act 1979 (EP&A Act) reforms which are now awaiting assent. 

The reforms will address:

- Local Strategic Planning Statements - New Planning proposals must take into account Council's local strategic planning priorities and targets;

- Community Participation Plans - Planning Authorities will be required to prepare CPPs on how they will engage the community in relevant planning decisions in relation to the Act's new community participation principles;

- Standardizing Development Control Plans - a standardized format and structure will be released for DCPs;

- Facilitate the enforcement of Complying Development requirements;

- New tools to combat breaches of the Act;

- Concurrent advice  for Part 5 Development - Public authorities will be required to consult with other authorities before commencing work in infrastructure corridors.

The current structure of the EP&A Act will be restructured from 8 parts into 10, resulting in the reordering of existing sections. 

More information can be found on the NSW Parliament website:

https://www.parliament.nsw.gov.au/bill/files/3456/First%20Print.pdf?utm_source=Concep%20Send&utm_medium=email&utm_campaign=Planning%20Act%20reforms%20pass%20through%20Parliament_01/01/0001

 

University of Sydney, Charles Perkins Centre

University of Sydney, Charles Perkins Centre

The new 46,700 square metre building was delivered three months ahead of schedule and in time for the 2014 academic year. The building will accommodate 950 researchers with a combination of wet and dry laboratory spaces, major equipment for research and a clinical research facility around a striking full height atrium. The building commenced teaching 1500 undergraduates across 84 course units in Semester 1, using wet and dry teaching spaces, including the popular X-Lab. The first group of researchers moved into the Hub on 17 May.