Local Government Legal

Local Government Legal prepares a regular email newsletter with legal updates on relevant court judgements and a summary and analysis of legislative changes.

The Minister’s Planning Principles and the Consolidation of SEPPs

The Minister for Planning and Public Spaces has released the Minister’s Planning Principles backed by consolidated planning policies to simplify and provide certainty to the system.  

Minister’s Planning Principles

The Minister’s Planning Principles should be used to guide strategic and land use planning decisions and inform the development of planning policies.  The principles will seek to achieve outcomes across nine policy focus areas. 

  1. Planning systems: A strategic and inclusive planning system for the community and the environment
  2. Design and place: Delivering well-designed places that enhance quality of life, the environment and the economy
  3. Biodiversity and conservation: Preserving, conserving and managing NSW’s natural environment and heritage
  4. Resilience and hazards: Managing risks and building resilience in the face of hazards
  5. Transport and infrastructure: Providing well-designed and located transport and infrastructure integrated with land use
  6. Housing: Delivering a sufficient supply of safe, diverse and affordable housing
  7. Industry and employment: Growing a competitive and resilient economy that is adaptive, innovative and delivers jobs
  8. Resources and energy: Promoting the sustainable use of NSW’s resources and transitioning to renewable energy
  9. Primary production: Protecting and supporting agricultural lands and opportunities for primary production.

New consolidated SEPPs

On 1 March 2022, the 45 existing State Environmental Planning Policies (SEPPs) will be consolidated into the following 11 new SEPPs that reflect the Minister’s Planning Principles. 

State Environmental Planning Policy (Planning Systems) 2021 
State Environmental Planning Policy (Biodiversity and Conservation) 2021 
State Environmental Planning Policy (Resilience and Hazards) 2021
State Environmental Planning Policy (Transport and Infrastructure) 2021
State Environmental Planning Policy (Industry and Employment) 2021
State Environmental Planning Policy (Resources and Energy) 2021
State Environmental Planning Policy (Primary Production) 2021
State Environmental Planning Policy (Precincts – Eastern Harbour City) 2021
State Environmental Planning Policy (Precincts – Central River City) 2021
State Environmental Planning Policy (Precincts – Western Parkland City) 2021
SEPP (Precincts – Regional) 2021

 

Existing SEPPs are also being consolidated under the State Environmental Planning Policy (Housing) 2021 which commenced on 26 November 2021, and the proposed Design and Place State Environmental Planning Policy 2021 which is on public exhibition until 28 February 2022.

No changes have been made to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as part of this process and it will remain as a standalone SEPP.

What will the new SEPP framework look like?

The new SEPP framework can be summarised as follows:

Nine Policy Focus Areas & Outcomes to be Achieved

Consolidated SEPPS

1.       Housing

Delivering a sufficient supply of safe, diverse and affordable housing.

State Environmental Planning Policy (Housing) 2021 (commenced 26 November 2021)  

The principles of this SEPP are as follows—

  • enabling the development of diverse housing types, including purpose-built rental housing,
  • encouraging the development of housing that will meet the needs of more vulnerable members of the community, including very low to moderate income households, seniors and people with a disability,
  • ensuring new housing development provides residents with a reasonable level of amenity,
  • promoting the planning and delivery of housing in locations where it will make good use of existing and planned infrastructure and services,
  • minimising adverse climate and environmental impacts of new housing development,
  • reinforcing the importance of designing housing in a way that reflects and enhances its locality,
  • supporting short-term rental accommodation as a home-sharing activity and contributor to local economies, while managing the social and environmental impacts from this use,
  • mitigating the loss of existing affordable rental housing.

2.       Transport and Infrastructure

Providing well-designed and located transport and infrastructure integrated with land use.

State Environmental Planning Policy (Transport and Infrastructure) 2021

This SEPP contains planning provisions:

  • for infrastructure in NSW, such as hospitals, roads, railways, emergency services, water supply and electricity delivery.
  • for child-care centres, schools, TAFEs and Universities.
  • planning controls and reserves land for the protection of three corridors (North South Rail Line, South West Rail Link extension and Western Sydney Freight Line).
  • the land use planning and assessment framework for appropriate development at Port Kembla, Port Botany and Port of Newcastle.

3.       Primary Production

Protecting and supporting agricultural lands and opportunities for primary production.

State Environmental Planning Policy (Primary Production) 2021

This SEPP contains planning provisions:

  • to manage primary production and rural development including supporting sustainable agriculture.
  • for the protection of prime agricultural land of state and regional significance as well as regionally significant mining and extractive resources.

4.       Biodiversity and Conservation

Preserving, conserving and managing NSW’s natural environment and heritage.

State Environmental Planning Policy (Biodiversity and Conservation) 2021

This SEPP contains:

  • planning rules and controls for the clearing of native vegetation in NSW on land zoned for urban and environmental purposes that is not linked to a development application.
  • the land use planning and assessment framework for koala habitat.
  • provisions which establish a consistent and co-ordinated approach to environmental planning and assessment along the River Murray.
  • provisions seeking to protect and preserve bushland within public open space zones and reservations.
  • provisions which aim to prohibit canal estate development.
  • provisions to support the water quality objectives for the Sydney drinking water catchment.
  • provisions to protect the environment of the Hawkesbury-Nepean River system.
  • provisions to manage and improve environmental outcomes for Sydney Harbour and its tributaries.
  • provisions to manage and promote integrated catchment management policies along the Georges River and its tributaries.
  • provisions which seek to protect, conserve and manage the World Heritage listed Willandra Lakes property.

5.       Resilience and Hazards

Managing risks and building resilience in the face of hazards.

State Environmental Planning Policy (Resilience and Hazards) 2021

This SEPP contains planning provisions:

  • for land use planning within the coastal zone, in a manner consistent with the objects of the Coastal Management Act 2016.
  • to manage hazardous and offensive development.
  • which provides a state-wide planning framework for the remediation of contaminated land and to minimise the risk of harm.

6.       Design and Place

Delivering well-designed places that enhance quality of life, the environment and the economy.

Design and Place State Environmental Planning Policy 2021

This draft SEPP aims to simplify and consolidate how to address the need for sustainable and resilient places and deliver good design in NSW.
The SEPP puts sustainability, resilience, and quality of places at the forefront of development. Our shared responsibility to sustain healthy and thriving communities, and to care for our environment underpins the policy. The SEPP will apply to all of NSW and spans places of all scales, from precincts, large developments and buildings, to infrastructure and public space (other than specified exclusions).

7.       Industry and Employment

Growing a competitive and resilient economy that is adaptive, innovative and delivers jobs.

State Environmental Planning Policy (Industry and Employment) 2021

This SEPP contains planning provisions:

  • applying to employment land in western Sydney.
  • for advertising and signage in NSW.

8.       Resources and Energy

Promoting the sustainable use of NSW’s resources and transitioning to renewable energy.

State Environmental Planning Policy (Resources and Energy) 2021

This SEPP contains planning provisions:

  • for the assessment and development of mining, petroleum production and extractive material resource proposals in NSW.
  • which aim to facilitate the development of extractive resources in proximity to the population of the Sydney Metropolitan Area by identifying land which contains extractive material of regional significance.

9.       Planning Systems

A strategic and inclusive planning system for the community and the environment.

State Environmental Planning Policy (Planning Systems) 2021

The Planning systems SEPP:

  • identifies State or regionally significant development, State significant Infrastructure, and critical State significant infrastructure.
  • provides for consideration of development delivery plans by local Aboriginal land councils in planning assessment.
  • allows the Planning Secretary to elect to be the concurrence authority for certain development that requires concurrence under nominated State environmental planning policies.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

This Policy aims to provide streamlined assessment processes for development that complies with specified development standards by—

  • providing exempt and complying development codes that have State-wide application, and
  • identifying, in the exempt development codes, types of development that are of minimal environmental impact that may be carried out without the need for development consent, and
  • identifying, in the complying development codes, types of complying development that may be carried out in accordance with a complying development certificate as defined in the Act, and
  • enabling the progressive extension of the types of development in this Policy, and
  • providing transitional arrangements for the introduction of the State-wide codes, including the amendment of other environmental planning instruments.

No changes have been made to this SEPP as part of this consolidation process and it will remain as a standalone SEPP.

State Environmental Planning Policy (Precincts—Central River City) 2021

This SEPP contains planning provisions for precinct planning, which is a form of strategic planning applied to a specified geographic area. The precincts in this SEPP are located in the Central River City. This city is based the strategic planning vision of the ‘three cities’ regions identified in the Greater Sydney Region Plan – A Metropolis of Three Cities.

State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021

This SEPP contains planning provisions for precinct planning, which is a form of strategic planning applied to a specified geographic area. The precincts in this SEPP are located in the Eastern Harbour City. This city is based the strategic planning vision of the ‘three cities’ regions identified in the Greater Sydney Region Plan – A Metropolis of Three Cities.

State Environmental Planning Policy (Precincts—Regional) 2021

This SEPP contains planning provisions for precinct planning, which is a form of strategic planning applied to a specified geographic area. The precincts in this SEPP are located in Regional NSW outside the Greater Sydney Region Plan.

State Environmental Planning Policy (Precincts—Western Parkland City) 2021

This SEPP contains planning provisions for precinct planning, which is a form of strategic planning applied to a specified geographic area. The precincts in this SEPP are located in the Wester Parkland City. This city is based the strategic planning vision of the ‘three cities’ regions identified in the Greater Sydney Region Plan – A Metropolis of Three Cities.

For further information, please contact Ben Swain or Makaela Reay of Local Government Legal on (02) 4922 2301.

Liability limited by a scheme approved under Professional Standards Legislation.

  • The above information is not to be relied upon as legal advice.

Subscribe By Email

Receive an email each time we release a publication.