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Payment of Lodgement Fee is Essential for Making a Development Application – Lessons from Hinkler Ave 1 Pty Limited v Sutherland Shire Council [2023] NSWCA 264

In Hinkler Ave 1 Pty Limited v Sutherland Shire Council [2023] NSWCA 264 (Hinkler), the Court of Appeal confirmed the long-standing principle that development applications are not “made” until the lodgement fees for the applications have been paid. This case addressed the applicability of a savings provision under the State Environmental Planning Policy (Housing) 2021, emphasising the distinction between submitting and completing a DA under the Environmental Planning and Assessment regulation. For this reason, it is crucial that applicants are aware of their responsibilities in regard to development applications. [...]  READ MORE →

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Consolidation of State Environmental Planning Policies

On 1 March 2022, the New South Wales government has repealed some 45 State Environmental Policies (SEPPs) and consolidated them into 11 new SEPPs. For the most parts, the provisions of the repealed SEPPs are simply transferred into the consolidated SEPPs.

The following table shows the result of the SEPP consolidation:-

Consolidated SEPPRepealed SEPP
State Environmental Planning Policy (Planning Systems) 2021State Environmental Planning Policy (State and Regional Development) 2011;

State Environmental Planning Policy (Aboriginal Land) 2019; and

State Environmental Planning Policy (Concurrences and Consents) 2018.

State Environmental Planning Policy (Biodiversity and Conservation) 2021State 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 Regional Environmental Plan No 2—Riverine Land;

State Environmental Planning Policy No 19—Bushland in Urban Areas;

State Environmental Planning Policy No 50—Canal Estate Development;

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011;

Sydney Regional Environmental Plan No 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; and

Willandra Lakes Regional Environmental Plan No 1—World Heritage Property.

State Environmental Planning Policy (Resilience and Hazards) 2021State Environmental Planning Policy (Coastal Management) 2018;

State Environmental Planning Policy No 33—Hazardous and Offensive Development; and

State Environmental Planning Policy No 55—Remediation of Land.

State Environmental Planning Policy (Transport and Infrastructure) 2021State Environmental Planning Policy (Infrastructure) 2007;

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017;

State Environmental Planning Policy (Major Infrastructure Corridors) 2020; and

State Environmental Planning Policy (Three Ports) 2013.

State Environmental Planning Policy (Industry and Employment) 2021State Environmental Planning Policy (Western Sydney Employment Area) 2009; and

State Environmental Planning Policy No 64—Advertising and Signage.

State Environmental Planning Policy (Resources and Energy) 2021State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007; and

Sydney Regional Environmental Plan No 9—Extractive Industry (No 2—1995).

State Environmental Planning Policy (Primary Production) 2021State Environmental Planning Policy (Primary Production and Rural Development) 2019; and

Sydney Regional Environmental Plan No 8 (Central Coast Plateau Areas).

State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021Parts of the 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; and

State Environmental Planning Policy No 47—Moore Park Showground.

State Environmental Planning Policy (Precincts—Central River City) 2021Parts of the State Environmental Planning Policy (State Significant Precincts) 2005;

Parts of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006;

State Environmental Planning Policy (Kurnell Peninsula) 1989;

Sydney Regional Environmental Plan No 24—Homebush Bay Area; and

State Environmental Planning Policy (Urban Renewal) 2010.

State Environmental Planning Policy (Precincts—Western Parkland City) 2021Parts of the State Environmental Planning Policy (State Significant Precincts) 2005;

Parts of the State Environmental Planning Policy (Sydney Region Growth Centres) 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; and

State Environmental Planning Policy (Western Sydney Parklands) 2009.

State Environmental Planning Policy (Precincts—Regional) 2021Parts of the 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; and

State Environmental Planning Policy (Gosford City Centre) 2018.

As at 1 March 2022 only three SEPPs had not been amended. These SEPPs are the State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. [...]  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 →