NSW Government responds to submissions on plans for the Western Sydney Aerotropolis

The NSW Government has published a report in response to submissions received on the previously exhibited Western Sydney Aerotropolis Planning Package. A package of other accompanying documents is also on public exhibition. You can have your say by 5 November 2021.

Snapshot

• The NSW Department of Planning, Industry and Environment (DPIE) is seeking feedback on a package of documents that will shape the planning provisions applying to land in the Western Sydney Aerotropolis (WSA).
• The package includes a report responding to community feedback on the previously exhibited WSA Planning Package and addressing issues such as public open space, reinstatement of previously permitted land uses, and the future of Luddenham Village.
• The package also an Explanation of Intended Effect (EIE) for proposed amendments to three State environmental planning policies, a Luddenham Village Discussion Paper (Discussion Paper) and the WSA Development Control Plan — Phase 2 (Phase 2 DCP).
• Developers and landowners should review the proposed updates to the planning framework and consider how it impacts on potential future land uses within the WSA, including the implications of land earmarked for acquisition for publicly accessible open space.

DPIE responds to community submissions

In November 2020 to March 2021, DPIE exhibited draft Precinct Plans for the WSA and received over 670 submissions.

Some of the key points in DPIE’s report responding to these submissions are:

• There was little support for the amount of open space proposed in the draft Precinct Plans. There were also concerns that the environment and recreation zone seeks to put private land to public use without adequate compensation. In response, DPIE now proposes to reduce open space by 42% and the environment and recreation zone by 33%.
• Many landowners were concerned about the changes to the range of permissible land uses implemented by the State Environmental Planning Policy (Western Sydney Aerotropolis) 2020 (WSA SEPP). In response, DPIE now proposes to allow for any development that was permissible before the rezoning to be permissible again.
• In response to concerns about the future of Luddenham Village, DPIE proposes changes to support a sustainable future for the Village. These include potentially making additional land uses permissible within the Village, such as registered clubs and hotel or motel accommodation.

Additional documents on public exhibition

The following documents are also currently on public exhibition.

EIE

The EIE proposes to amend the WSA SEPP to implement the proposals made in DPIE’s report, including those discussed above. Further proposed changes include:

• appropriately identifying land to be acquired for publicly accessible open space;
• requiring consent authorities to consult with the Commonwealth regarding development applications within building restricted areas located close to airport runways; and
• enabling some complying development in the WSA.

The EIE also proposes to amend the:

• State Environmental Planning Policy (Western Sydney Employment Area) 2009 by rezoning certain land in the Mamre Road Precinct; and
• State Environmental Planning Policy (State and Regional Development) 2011 by providing that development cannot be declared as State significant development unless consistent with the WSA SEPP.

Phase 2 DCP

The Phase 2 DCP provides guidance for the preparation and assessment of masterplans and development applications in the WSA. The Phase 2 DCP will provide controls to supplement other planning frameworks for the WSA (such as the WSA SEPP) and supersede the Phase 1 DCP that came into effect on 1 October 2020.

Discussion Paper

The Discussion Paper provides a framework for conversations about the role of Luddenham Village within the WSA and Agribusiness Precinct. This will inform the finalisation of the Luddenham Village Plan, Precinct Plans, the Phase 2 DCP and amendments to the WSA SEPP.

Next steps

DPIE is seeking submissions on the exhibited documents until 5 November 2021.

If you own property in the WSA and would like to discuss what the proposed changes could mean for you, or if would like any assistance with preparing a submission, please do not hesitate to get in touch.

By Peter Briggs, Partner, Tom Dougherty, Senior Associate and Zhongwei Wang, Solicitor

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