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Planning reforms have commenced!

05 March 2018

3 min read

#Planning, Environment & Sustainability

Published by:

Georgia Appleby

Planning reforms have commenced!

Significant changes to the Environmental Planning and Assessment Act 1979 (EP&A Act) passed by parliament in November 2017 have now commenced. While the changes came into force from 1 March 2018, in practice a number of the key reforms have not yet taken effect and will be implemented in stages over the coming years.

Overall, the amendments to the EP&A Act aim to promote:

  • enhanced community participation
  • a greater focus on strategic planning
  • increased probity and accountability in decision-making; and
  • simpler, faster and more accessible planning processes.

An overview of the estimated commencement dates for the key changes is set out below:

New obligationEstimated commencement
Ending transitional arrangements for Part 3A1 March 2018
Local Planning Panels1 March 2018
Changes to concurrences and referrals1 March 2018
Changes to conditions for major projects1 March 2018
Enforceable undertakings1 March 2018
LEP checks1 March 2018
Standard form development control plans1 March 2018
Improvements to complying developmentProceedings commenced after 1 March 2018
Statements of reasons1 July 2018
Building and subdivision1 September 2018
Local Strategic Planning Statements1 July 2019 (GMR)
1 July 2020 (the rest)
Community Participation Plans1 July 2019

It is also important to be aware that the EP&A Act has been restructured to accommodate all of these changes. The EP&A Act is now divided into 10 parts (rather than eight) and a new decimal numbering system has been introduced. A handy reference sheet for equivalent sections that have been renumbered under the EP&A Act is provided below:

Sec 55Planning proposalsSec 3.33
Sec 76Development that does not need consentSec 4.1
Sec 76ADevelopment that needs consentSec 4.2
Sec 76BDevelopment that is prohibitedSec 4.3
Sec 55Planning proposalsSec 3.33
Sec 76Development that does not need consentSec 4.1
Sec 76ADevelopment that needs consentSec 4.2
Sec 76BDevelopment that is prohibitedSec 4.3
Sec 77ADesignated developmentSec 4.10
Sec 78AApplicationSec 4.12
Sec 79BConsultation and concurrenceSec 4.13
Sec 79CEvaluationSec 4.15
Sec 80DeterminationSec 4.16
Sec 80AImposition of conditionsSec 4.17
Sec 82AReview of determinationSecs 8.2, 8.3, 8.4, 8.5
Sec 82BReview where development application not acceptedSecs 8.2, 8.3, 8.4
Sec 82CReview procedures generallySec 8.5
Sec 82DEffect of review decisionsSec 8.5
Sec 83Date from which consent operatesSecs 4.20, 8.13
Sec 85What is a “complying development certificate”?Sec 4.27
Sec 89Determination of Crown development applicationsSec 4.33
Sec 91What is “integrated development”?Sec 4.46
Sec 93FPlanning agreementsSec 7.4
Sec 94Contribution towards provision or improvement of amenities or servicesSec 7.11
Sec 94AFixed development consent leviesSec 7.12
Sec 95Lapsing of consentSec 4.53
Sec 96Modification of consents – generallySec 4.55
Sec 97Appeal by applicant – development applicationsSecs 8.7, 8.10
Sec 106 – 109BExisting usesSecs 4.65 – 4.70
Sec 109DCertifying authoritiesSec 6.17
Sec 109EPrincipal certifying authoritiesSec 6.5
Sec 110Definitions (Definition of an Activity – Environmental Assessment)Sec 5.1
Sec 117Directions by the MinisterSec 9.1
Sec 119DPowers of investigation officers to enter premisesSec 9.16
Secs 121A-121ZSOrdersSecs 9.34 – 9.37 and Schedule 5
Sec 125Offences against this Act and the regulationsSecs 9.37, 9.50
Sec 149Planning certificatesSec 10.7
Sec 149ABuilding certificatesSec 6.26

Keep an eye out over the coming weeks as we provide you with more information about these changes and how they will affect you. 

Authors: Breellen Warry & Georgia Appleby


Contacts:


Melbourne

Joseph Monaghan, Partner 
T: +61 3 9321 9857 
E: joseph.monaghan@holdingredlich.com

Sydney 

Breellen Warry, Partner 
T: +61 2 8083 0420 
E: breellen.warry@holdingredlich.com

Peter Holt, Special Counsel
T: +61 2 8083 0421
E: peter.holt@holdingredlich.com

Brisbane

Gerard Timbs, Partner
T: +61 7 3135 0644
E: gerard.timbs@holdingredlich.com

Disclaimer

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future. 

Published by:

Georgia Appleby

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