NSW Introduces New Planning System

Thursday 31 October 2013 @ 8.58 a.m. | Legal Research

New South Wales is set to introduce radical planning reforms in the form of the Planning Bill 2013 and the Planning Administration Bill 2013. The bills aim to de-centralise the decision-making powers of the Minister for Planning and Infrastructure while returning more power to the local community. The New South Wales government hopes that this would reflect a balance between the objects of promoting economic growth and encouraging sustainable development.

The new bills will constitute the most significant change to land use planning legislation in NSW since 1 September 1980. It will repeal the Environmental Planning and Assessment Act 1979 and introduce an entirely new planning system.

Two new assessment categories will be created.

Part 4 will introduce the “code assessment”, a process under which consent may be granted for development that is identified in the planning control provisions of the Local Environmental Plan that meets the development standards in the relevant development assessment code.

Part 5 introduces the “public priority infrastructure” which is a new category which once declared by the Minister, will not require further planning approval.

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