Client Update: Changes to Part 3A approvals in NSW
2 June 2011
In brief: New legislative amendments just published in NSW will have important ramifications for major development approvals in that state. Partner Paul Lalich (view CV), Lawyer Swee Leng Harris and Law Graduate Julia Dean explain how these changes will affect the application of Part 3A of the Environmental Planning and Assessment Act 1979 (NSW).
- Background
- The amending legislation
- How this affects current applications
- Revocation of current projects
- Implications for new applications
Background
The State Environmental Planning Policy (Major Development) Amendment 2011 (the SEPP Amendment) precedes a Bill (the proposed Bill) to be introduced by the NSW Government to repeal Part 3A of the Environmental Planning and Assessment Act 1979 (NSW) (the EP&A Act).
Part 3A of the EP&A Act previously covered large residential, commercial and retail projects with a capital investment greater than $100 million, as well as coastal subdivision developments.
The amending legislation
The SEPP Amendment's repeal of Group 5 of Schedule 1 and Clause 1 of Schedule 2 of the Major Development SEPP means that Part 3A of the EP&A Act no longer applies to the following categories of development (the two categories):
- residential, commercial and retail projects with a capital investment greater than $100 million; and
- coastal subdivision developments.
Such development applications now need to be lodged with the most appropriate local council under Part 4 of the EP&A Act. As set out in Planning Circular PS 11-014, new applications for these two categories of development will be classed as applications for regional development projects to be determined by the relevant joint regional planning panel.
How this affects current applications
Development applications belonging to the two categories that are already the subject of an approved concept plan, will be subject to special assessment requirements under Part 4 of the EP&A Act. Councils will be required to assess such development applications consistently with the approved concept plan. In order to do so, councils will be assisted by a team assembled by the Department of Planning and Infrastructure.
Development applications belonging to the two categories with Director-General's environmental assessment requirements (DGRs) issued on or before 8 April 2011 will be assessed as Part 3A applications except in certain circumstances where no environmental assessment has been lodged.
Revocation of current projects
Part 3A declarations for current projects will be revoked where DGRs were not issued on or before 8 April 2011. Part 3A declarations will also be revoked where DGRs were issued on or before this date, but the requirements only relate to an approved concept plan.
Implications for new applications
No new developments or projects currently awaiting declaration as major projects will be accepted or assessed before the proposed Bill has commenced. However, clause 6C has been inserted into the Major Development SEPP which provides for the urgent assessment and determination upon request. These requests can be submitted any time before the proposed Bill takes effect. A request can be submitted to the Director General of the Department of Planning and Infrastructure who can certify that a new development application can be lodged with the relevant local council under Part 4, rather than Part 3A.
The amendments will necessitate greater engagement with local councils in relation to major commercial and residential developments, as well as coastal subdivision. The current uncertain and changing planning regime is likely to reduce the efficiency of the assessment and determination process in the short term.
For further information, please contact:
- Paul LalichPartner,
Sydney
Ph: +61 2 9230 4026
Paul.Lalich@allens.com.au - Jim ParkerPartner,
Sydney
Ph: +61 2 9230 4362
Jim.Parker@allens.com.au