File Name: environmental planning and assessment act 1979 .zip
- ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
- Environmental Planning and Assessment Act 1979
- New planning laws bring a raft of changes
New land use planning laws came into effect in NSW on 1 March — introducing new complications for development proponents. Some provisions have immediate effect. Other provisions will not come into full effect for some time.
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
New land use planning laws came into effect in NSW on 1 March — introducing new complications for development proponents. Some provisions have immediate effect. Other provisions will not come into full effect for some time. However, all of its provisions have been re-numbered. For example, most modification applications will now be made under section 4.
Local infrastructure contributions will now be made under section 7. Over time, this will make it more difficult for non-experts to understand past Court decisions. In general terms, the government has now more-or-less achieved the scale of legislative change it sought in its failed Planning Bill It was abandoned by the government after hostile amendments were made in parliament. The latest changes are a consequence of the Environmental Planning and Assessment Amendment Act They follow revisions brought about by:.
Taken together, these legislative changes effectively enact the kind of legislative change originally sought by former Planning Minister Brad Hazzard in The old established in system of joint regional planning panels has been re-styled as Sydney district and regional panels. This will only apply to development applications lodged from 1 March As before, some limited categories of development can be brought before the panel even when the capital investment value is below the general threshold.
The overall effect of these changes will be to reduce the number of development proposals that will be decided by the Sydney district and regional panels. Some development proponents may find this disappointing. State nominees on these panels enjoy a measure of independence from local councils. Those state members can only be removed from office by the Minister for Planning. Sydney district and regional planning panels are now consent authorities in their own right. Formerly, they were only making decisions on behalf of the council who remained the consent authority in a formal sense.
That is, a Sydney district or regional planning panel may now impose a condition of consent requiring either or both:. A Sydney district or regional planning panel must still have regard to a contributions plan if there is one. However it will be able to if can justify it impose contributions that exceed those in the plan. There is a right to appeal such decisions to the Land and Environment Court.
Local planning panels are still only making decisions on behalf of local councils. They are not a consent authority in their own right. This means that they are still bound by contributions plans.
The rules on decision-making process for Sydney district and regional panels have been brought into line with the more transparent rules that apply to the new local planning panels. Until now, the panels have generally adopted a practice by which meetings have a public component and a private component.
The actual discussion between panel members as to their position often takes place away from the public gaze. The new law explicitly bans this practice.
It requires each panel to conduct all meetings in public — this includes telephone meetings. The panel must also record its meetings including telephone meetings. Those recordings must be made publicly available on its website.
As a consequence, differences of opinion between panel members are likely to be more evident than under the old system. Local planning panels, Sydney district panels and regional panels must provide written reasons for their decisions.
However, this requirement is not mandatory — in the sense that a decision is not invalid merely because of a failure to give reasons or all of the reasons for a decision. No such luxury is extended to other decision-makers. Local councillors outside of Sydney and Wollongong and council officers making development application decisions will face a new mandatory requirement to give reasons for their decisions.
This requirement will only apply to decisions made from 1 July This latter change will assist objectors who may wish to mount a legal challenge against decisions. Local councils are now allowed to adopt community participation plans.
These plans can set out new additional mandatory requirements for community participation in development decisions. These plans may impose mandatory preconditions that proponents must satisfy in terms of community consultation before an application for a planning approval for major development is made.
While the government has foreshadowed that it may make regulations as to the form, content and procedures for the adoption of community participation plans, no such regulations have been made. This means that local councils have a wide degree of latitude to decide for themselves what obligations to place on proponents in their community participation plans.
Community participation plans can be prepared and adopted by local councils now. Each local council is — at the latest — obliged to adopt such a plan by 1 July Until 1 March , there were five layers of statutory land use planning documents in Sydney.
These were:. Outside of Sydney there were four layers of statutory land use planning documents the same list as above, but without the district plans.
This document will be prepared and adopted by each local council. It must set out planning priorities and actions within each local council area.
There is a provision for a state agency to step-in override the veto of the ward councillors, but this can only be done at the request of the local council itself.
The local strategic planning statement will not be the legal document that sets out the formal zoning of land and what is permitted and prohibited in each area. This role still rests with local environmental plans. However, the new planning laws require any planning proposal for a change in planning controls to address whether the proposal will give effect to the local strategic planning statement.
This is a relatively soft obligation. A planning proposal can still proceed even if it is inconsistent with the local strategic planning statement — as long as that inconsistency is justified. This contrasts with the requirement that every planning proposal, to proceed, must give effect to a district plan or if there is no district plan — the regional strategic plan.
Local councils are entitled to prepare and adopt local strategic planning statements now if they wish. However, Sydney councils are not obliged to finalise their statements before 1 July Local councils outside of Sydney have until 1 July It is likely that some local councils will now tell development proponents that work for a local strategic planning statement will delay site or precinct-specific changes to planning controls.
We explained the role of these new panels in our August article in detail here. The Minister for Planning has now issued a direction to the new panels that sets out the types of development applications that must be referred to local planning panels rather than being decided by local council officers.
It is available here. In very general terms, a development that is subject to vigorous objection more than 10 unique objector submissions, 25 in the City of Sydney must be sent to the local planning panels for decision. Development applications for residential flat buildings of more than four storeys three storeys in some council areas must also be sent to the local planning panels for determination, even if no objections are made.
In both instances it does not matter how much the development is worth. There are also some other matters that may trigger mandatory referral to the local planning panel. Applications to modify development consents may be decided by either local council officers or the local planning panel — this up to each council to work out itself. A separate ministerial direction has been issued for planning proposals to change planning controls.
The direction requires the great majority of planning proposals to be referred by local councils to the local planning panel for advice prior to a submission for gateway determination. A new requirement has been imposed on consent authorities who are deciding whether to approve a modification of a development consent. This requirement requires the consent authority to take into consideration the reasons that were given for the original grant of the development consent.
This does not mean that a consent authority must refuse a modification application merely because the applicant wants to change something addressed in the original reasons. However, it does mean that an applicant will need to justify the different approach if the different approach is inconsistent with the thrust of the original reasons. This means that the certificate will not operate until the applicant or the council is satisfied as to a particular matter. Unlike a development consent, there is no legal right to a merit appeal if the certifier or the council is never satisfied as to the matter.
It is now also easier for third party objectors and councils to have any complying development certificates declared invalid in the Land and Environment Court. If proceedings are commenced within three months of the issue of a certificate, the Court will be able to determine for itself whether or not a complying development certificate should have been issued.
The opinion that the certifier formed when issuing the certificate will no longer carry any weight. The Secretary can do this when state agencies either fail to respond in an appropriate time or two or more agencies provide inconsistent approvals. However, this provision cannot operate without regulations and no such regulations have been made. For example, the Secretary will not be able to use the new powers in relation to concurrences by rail authorities for development adjacent to rail corridors under the State Environmental Planning Policy Infrastructure Some of these provisions are materially different from the existing regime.
However, they will not come into effect until 1 September At this stage, the precise detail of the new regime is unknown. The necessary regulations have not yet been published.
This will presumably happen closer to 1 September. However, there is one particular forthcoming change that should be influencing developer behaviour now. While the change in wording may appear minor, there is a significant legal difference between the existing regime and regime to apply from September. In simple terms, the existing regime allows for some inconsistencies between the plans and specifications approved by a construction certificate and a development consent.
In certain circumstances those inconsistencies can be more than trivial. The new regime will not be so flexible. It is likely that only trivial inconsistencies between the plans and specifications approved by a construction certificate and a development consent will be allowed.
Developers who are seeking development consents now where the construction certificate is likely to be issued after 1 September should be managing this situation by ensuring that if possible the plans and specifications submitted to obtain a development consent will not need to be modified by any plans and specifications submitted for a construction certificate.
Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. Save to Library. Create Alert. Launch Research Feed. Share This Paper. Background Citations.
It is managed by the Parliamentary Counsel's Office. Watch our video overview of the new site. We are now providing access to consolidated versions of water sharing plans amended from 1 July The consolidations are unauthorised versions prepared by the Department of Planning, Industry and Environment. We now have a special page for public consultation drafts of Bills and statutory instruments.
An Act to institute a system of environmental planning and assessment for the State of New South. Wales. Page Page 2. Environmental.
Environmental Planning and Assessment Act 1979
It is an " Act to institute a system of environmental planning and assessment for the State of New South Wales ". The act incorporated a three-tired system of state, regional now repealed and local levels of significance, and required the relevant planning authority to take into consideration the impacts to the environment both natural and built and the community of proposed development or land-use change. It was amended in by the Environmental Planning and Assessment Amendment Act commencing on 1 March , and is now divided into 10 Parts.
Согласно регистру, кто-то открывал ее компьютер, пока ее не было в комнате. Но это невозможно. У нее перехватило дыхание.
Через несколько секунд двенадцатитонная стальная махина начала поворачиваться. Она попыталась собраться с мыслями, но они упрямо возвращали ее к. Дэвид Беккер.
New planning laws bring a raft of changes
В пьяной драке Хейл случайно убил сослуживца. Корейское искусство самозащиты, тхеквондо, оказалось в большей мере смертоносным, нежели оборонительным. Военной службе пришел конец. Отсидев некоторое время в тюрьме, Хейл занялся поисками места программиста в частных компаниях. Он не скрывал от нанимателей того, что случилось с ним во время службы в морской пехоте, и стремился завоевать их расположение, предлагая работать без оплаты в течение месяца, чтобы они узнали ему цену. В желающих принять его на работу не было недостатка, а увидав, что он может творить на компьютере, они уже не хотели его отпускать.
Скорее вылезай. Он неохотно выполз из-под компьютера. - Побойся Бога, Мидж. Я же сказал тебе… - Но это была не Мидж. Джабба удивленно заморгал.
Три братца-испанца не спускали с нее глаз. И горячей воды. Беккер почувствовал комок в горле. - Когда она уезжает. Двухцветный словно будто только что очнулся.
Сьюзан радостно встрепенулась. - Скажи, что ты ушел с поста декана. Дэвид кивнул. - В следующем семестре я возвращаюсь в аудиторию.
Беккер потянулся и дернул шнурок вызова водителя. Пора было отсюда вылезать. Дернул. Никакой реакции.