The NSW Department of Planning and Environment (DPE) has consolidated 45 State Environmental Planning Policies (SEPPs) and deemed SEPPs into 11 new environmental planning instruments.
Snapshot
- From 1 March 2022, the consolidation of 45 SEPPs and deemed SEPPs into 11 new thematic SEPPs commenced.
- This is primarily an administrative consolidation and there are no material policy changes under the new consolidated SEPPs.
- The consolidated SEPPs were prepared to align with the Minister for Planning's Planning Principles, which have been recently discontinued.
SEPP consolidation seeks to simplify the planning framework
On 1 March 2022, DPE consolidated 45 SEPPs and deemed SEPPs into 11 new thematic SEPPs to correspond with nine focus areas under the recently discontinued Planning Principles.
The table at Attachment 1 below provides an overview of the SEPP consolidation and the corresponding focus area under the discontinued Planning Principles.
Provisions of the repealed SEPPs have been carried over into the new SEPPs as ‘chapters’. DPE has confirmed that the SEPP consolidation does not materially change the effect of the repealed SEPPs due to the application of section 30A of the Interpretation Act 1987 (NSW) to the transferred provisions.
Any redundant or outdated provisions of the repealed SEPPs have not been carried over to the new consolidated SEPPs. Some administrative amendments have also been made to update references to government agencies and old legislation.
References within existing legislation and policies to the repealed SEPPs will be deemed to be references to the relevant provisions of the new consolidated SEPPs.
Further reforms to come?
Legislative updates are planned to reflect the SEPP consolidation and local councils will be required to amend planning certificates issued under section 10.7 of the EP&A Act.
It is unclear whether further substantive reform of the NSW planning framework is on the horizon and it remains to be seen whether the Minister will introduce additional changes.
If you would like to discuss the latest reforms, please get in touch with us.
By Peter Briggs, Partner, Tom Dougherty, Senior Associate and Rachel Holland, Graduate.
Update: This post has been amended to reflect that the Minister’s Planning Principles were discontinued in March 2022.
Attachment 1
| New SEPP |
Repealed SEPPs |
| Focus area: Planning systems |
| SEPP (Planning Systems) 2021 |
State Environmental Planning Policy (State and Regional Development) 2011
State Environmental Planning Policy (Aboriginal Land) 2019
State Environmental Planning Policy (Concurrences and Consents) 2018 |
| SEPP (Precincts – Eastern Harbour City) 2021
|
State Environmental Planning Policy (State Significant Precincts) 2005
Darling Harbour Development Plan No 1
Sydney Regional Environmental Plan No 26—City West
Sydney Regional Environmental Plan No 16—Walsh Bay
Sydney Regional Environmental Plan No 33—Cooks Cove
State Environmental Planning Policy No 47—Moore Park Showground |
| SEPP (Precincts – Central River City) 2021
|
State Environmental Planning Policy (State Significant Precincts) 2005
State Environmental Planning Policy (Sydney Region Growth Centre) 2006
Sydney Regional Environmental Plan 24—Homebush Bay Area
State Environmental Planning Policy (Kurnell Peninsula) 1989
State Environmental Planning Policy (Urban Renewal) 2010 |
| SEPP (Precincts – Western Parkland City) 2021
|
State Environmental Planning Policy (State Significant Precincts) 2005
State Environmental Planning Policy (Sydney Region Growth Centre) 2006
State Environmental Planning Policy (Western Sydney Aerotropolis) 2020
State Environmental Planning Policy (Penrith Lakes Scheme) 1989
Sydney Regional Environmental Plan No 30—St Marys
State Environmental Planning Policy (Western Sydney Parklands) 2009 |
| SEPP (Precincts – Regional) 2021 |
State Environmental Planning Policy (State Significant Precincts) 2005
State Environmental Planning Policy (Activation Precincts) 2020
State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007
State Environmental Planning Policy (Gosford City Centre) 2018 |
| Focus area: Design and place |
| Design and Place SEPP |
The draft Design and Place SEPP was on exhibition until 28 February 2022 and has not yet been finalised. The current draft SEPP focuses on putting “sustainability, quality, beauty and vibrancy” at the forefront of developments. The draft policy package proposes:
|
| Focus area: Biodiversity and conservation |
| SEPP (Biodiversity and Conservation) 2021 |
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
State Environmental Planning Policy (Koala Habitat Protection) 2020
State Environmental Planning Policy (Koala Habitat Protection) 2021
Murray River Regional Environmental Plan No 2—Riverine Land
State Environmental Planning Policy (Bushland in Urban Areas) 2019
State Environmental Planning Policy 50 - Canal Estate Development
State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011
Sydney Regional Environmental Plan 20 - Hawkesbury-Nepean River No. 2 1997
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
Greater Metropolitan Regional Environmental Plan No 2— Georges River Catchment
Willandra Lakes Regional Environmental Plan No 1— World Heritage Property |
| Focus area: Resilience and hazards |
| SEPP (Resilience and Hazards) 2021 |
State Environmental Planning Policy (Coastal Management) 2018
State Environmental Planning Policy 33 - Hazardous and Offensive Development
State Environmental Planning Policy 55 - Remediation of Land |
| Focus area: Transport and infrastructure |
| SEPP (Transport and Infrastructure) 2021 |
State Environmental Planning Policy (Infrastructure) 2007
State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017
State Environmental Planning Policy (Major Infrastructure Corridors) 2020
State Environmental Planning Policy (Three Ports) 2013 |
| Focus area: Housing |
| SEPP (Housing) 2021 |
Separate to the SEPP consolidation, the State Environmental Planning Policy (Housing) 2021, which commenced on 26 November 2021, repealed five SEPPs.
You can read about this change in our previous blog post. |
| Focus area: Industry and employment |
| SEPP (Industry and Employment) 2021 |
State Environmental Planning Policy (Western Sydney Employment Area) 2009
State Environmental Planning Policy 64 - Advertising and Signage |
| Focus area: Resources and energy |
| SEPP (Resources and Energy) 2021 |
State Environmental Planning Policy (Mining Petroleum Production and Extractive Industries) 2007
Sydney Regional Environmental Plan No. 9 – Extractive Industries (No 2 – 1995) |
| Focus area: Primary production |
| SEPP (Primary Production) 2021 |
State Environmental Planning Policy (Primary Production and Rural Development) 2019
Sydney Regional Environmental Plan No 8 (Central Coast Plateau Areas) |
|
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