Environmental Planning and Assessment Amendment (ePlanning) Regulation 2017 Draft (NSW)

The New South Wales Government has put on exhibition the Environmental Planning and Assessment Amendment (ePlanning) Regulation 2017 (The Regulation), a draft regulation which would support online lodgement and development applications by introducing consistent documents and technical requirements across NSW. The Regulation will attempt to streamline standards for online submissions that would remedy the current delays in applications due to the variations in document requirements.

Standardisation of Documents

Schedule 1 of the current Environmental Planning and Assessment Regulation contains the list of forms required to accompany an application for planning. However, individual local councils have also developed extensive checklists for the documents required as part of the application. This has created room for uncertainty regarding what forms are actually required as part of an application.

The Regulation will create a single document with a uniform set of forms and documents required that combines the old Schedule 1 and councils’ checklists. The list also contains the following standard forms:

• Development application form;
• Combined development application and construction certificate form;
• Application to modify development application;
• Complying development certificate application form;
• Application to modify complying development certificate; and
• Construction certificate application form.

Development Control Plans

The Regulation will also include new requirements for councils to make and consult on Development Control Plans and Contribution Plans in order to improve access to planning information online. Since 2015, councils have been required to submit their Development Control Plans and Contribution Plans through the NSW Planning Portal. This current process was the first step towards gaining better access to information online for purposes of planning transactions.

Under the Regulation, both plans and associated notices must be published on the Planning Portal for an exhibition period of at least 28 days. Furthermore, new plans will only take effect from the date on which they are publishing on the Planning Portal. 

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Draft Environmental Planning and Assessment Amendment (ePlanning) Regulation 2017, as published on LawOne

Environmental Planning and Assessment Amendment (ePlanning) Regulation 2017