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Proposed Reforms for Low and Medium Density Housing

In December 2023, the NSW Department of Planning and Environment released its “Explanation of Intended Effect” (EoE) for proposed low and mid-rise housing reforms, aiming to address the housing crisis by enabling increased residential development in urban areas near transports and town centres. The reforms will propose significant changes to house permissibility, development controls and landscape regulations with public exhibition concluding in February 2024.

The housing crisis is a major concern for many individuals with an extensive shortfall of dwellings. The EoE is attempting to address this by by supplying new housing in existing urban areas (known as “infill development”), to facilitate low and mid-rise housing “near established town centres, and in areas where there is good public transport”. The proposed reforms look to expand the permissibility and development controls for certain forms of residential developments. Notably, the proposed reform would expand the permissibility of residential developments by: [...]  READ MORE →

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Overview of the Greater Cities Commission

Established in 2016, the Greater Sydney Commission was initially formed under the (now repealed) Greater Sydney Commission Act 2015 (NSW), its purpose was to act as a central state government agency to assist local and state governments in the collective planning and development of the Greater Sydney Region.

Recent amendments under the Greater Cities Commission Act 2022

With the continuous growth of the population and demand for accessibility, the Greater Cities Commission Act 2022 (NSW) (Act) was introduced to expand the Greater Sydney Region to include three new cities. As such, there are now six cities managed by the new Greater Cities Commission (Commission) as follow:- [1] [...]  READ MORE →

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Minister’s Planning Principles and the Consolidation of SEPPs

On 2 December 2021 the Minister for Planning and Public Spaces released the Minister’s Planning Principles (‘Principles’) which have the following themes devoted to guiding future planning and development in New South Wales:

  1. Strategic and inclusive planning systems
  2. Well-designed places
  3. Natural environment and heritage preservation, conservation and management
  4. Resilience and hazards management
  5. Transport and infrastructure
  6. Safe, diverse and affordable housing
  7. Competitive and resilient economy
  8. Resources and renewable energy transitioning
  9. Protecting and supporting agricultural lands and opportunities for primary production

These Principles will apply through the existing statutory scheme under Part 3 of the Environmental Planning and Assessment Act 1979 (NSW) (‘EPA Act’). Additionally, the Principles will align with the 11 new State Environmental Planning Policies (‘SEPPs’) created to consolidate and simplify NSW planning policies. From March 1 2022, the 45 SEPPs that currently exist will be consolidated into the following 11 SEPPs: [...]  READ MORE →

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Potential Changes to NSW Aboriginal Planning Rules through the Aboriginal Land SEPP

New South Wales in the near future could potentially require consideration for ‘development delivery plans’ (‘DPP’) for development applications under land owned by Local Aboriginal Land Councils (‘LALCs’). The State Environmental Planning Policy (Aboriginal Land) 2019 (“SEPP”) brought into force on 6 February 2019 currently applies to certain mapped lands owned by the Darkinjung Local Aboriginal Land Council. However, the plan anticipates a review 12 months post commencement to consider extensions to include Darkinjung land; and potential extension to include further LALCs across NSW. [...]  READ MORE →

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Vesting of Transferable Crown land in Local Councils

A new piece of legislation concerning the management of Crown land was assented to in November 2016 which now allows the Crown to vest land in local Councils by way of a gazette. Some provisions of the Crown Land Management Act 2016 (NSW) (CLM Act) came into force on 16 November 2016 and the remainder has not yet come into force.

What land can be vested?

The CLM Act prescribes that the type of Crown land able to be vested in Councils is that which has not yet been ‘declared or reserved’. Further, the land must not be declared as being a ‘wildlife refuge’ or be required to be used for some specific purpose under any legislation. In other words, it must be simply Crown land that serves no special purpose. [...]  READ MORE →

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Proposed Amendments to the Environmental Planning & Assessment Act

On 9 January 2017 the NSW Government announced a number of proposed amendments to the Environmental Planning & Assessment Act 1979 (NSW) (EP&A Act). To begin the process, Minister Stokes released a public consultation draft of the Environmental Planning and Assessment Amendment Bill 2017 (the draft Bill) on 9 January 2017. The draft Bill will be exhibited until 10 March 2017 for public consultation.

The proposed amendments are extensive and the Minister has put forward the following as being the objectives: [...]  READ MORE →

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Reform of NSW Environmental Law

The NSW Government had introduced the Biodiversity Conservation Bill 2016 (“the Bill”) to the NSW Parliament. This Bill will reform current environmental law and replace a number of Acts including:

  • the Threatened Species Conservation Act 1995;
  • the Nature Conservation Trust Act 2001; and
  • parts of the National Parks and Wildlife Act 1974.

The NSW Environment Minister Mark Speakman has described the Bill as aiming to “facilitate ecologically sustainable development while better conserving biodiversity across NSW”. The Environment Minister noted the positive impact he believes these reforms will have on NSW farmers, stating that “the legislation will finally rid regional NSW of the inequitable and unbalance Native Vegetation Act, and will replace it with a reform package that restores fairness for farmers.” [...]  READ MORE →

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Changes to Coastal Management

The Department of Planning and Environment and proposed new planning law reforms related to coastal management. The new policy will involve the introduction of Coastal Management State Environmental Planning Policy, which will replace the three existing State Environmental Planning Policies that relate to coastal management in NSW.

These planning policy reforms will introduce four new coastal management areas:

  • coastal vulnerability area
  • coastal use area
  • coastal environment area
  • coastal wetlands and littoral rainforests area
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