The primary planning legislation in NSW is the
Environmental Planning and Assessment Act 1979 (the EP&A Act).
The EP&A Act is supported in practice by the rules and procedures of the EP&A Regulations 2021. |
SYSTEM for managing land use
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Objects of the EP&A Act (summarised) |
- Good social and economic land uses
- Affordable housing
- Ecologically sustainable development
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- Good design, amenity, and safety
- Community input in decision-making
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Land use planning - Making and applying planning instruments, such as SEPPs, LEPs, DCPs, and other relevant land use strategies
- SEPPs and LEPs are NSW legislation. A planning proposal, commonly a rezoning proposal, seeks to amend an LEP
- Broader study, consultation and collaboration can be undertaken to support area-based land use planning
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Development control - There are 8 planning approval pathways, 5 of which require development consent from a planning authority
- A level of environmental impact assessment is usually required to inform determinations
- Building and subdivision certification can assist with compliance and certainty of development outcomes
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Planning authorities - Local councils for most local development
- NSW Government for major projects (Department of Planning, Housing and Infrastructure (DPHI))
- For contentious or sensitive developments, referrals to the Independent Planning Commission, relevant Sydney District or Regional Planning panel, or local planning panel
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Infrastructure funding - A mandated development contributions system that requires local and state contributions from developers to fund infrastructure
- A range of infrastructure funding initiatives are also administered by DPHI
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Land and environment court - A ‘one stop shop’ for environmental, planning and land matters since September 1980
- Jurisdiction over planning matters like dissatisfaction with the outcome of a development application determination
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Community participation
- Opportunities for community involvement are available under the EP&A Act
- This includes making submissions to draft strategic plans or development applications, attending public hearings, or sitting on local panels
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