Developers would be aware that major changes have been made by the NSW Government to the suite of State Environmental Planning Policies (SEPPs) that apply to the state. Further information can be found here.
Put simply, State Environmental Planning Policies are a form of delegated legislation known as environmental planning instruments that fall under the Environmental Planning and Assessment Act 1979.
Clause 3.14(1) of the Act provides that an environmental planning instrument may make provision for or with respect to any of the following:
(a) protecting, improving or utilising, to the best advantage, the environment,
(b) controlling (whether by the imposing of development standards or otherwise) development,
(c) reserving land for use for the purposes of open space, a public place or public reserve within the meaning of the Local Government Act 1993, a national park or other land reserved or dedicated under the National Parks and Wildlife Act 1974, a public cemetery, a public hospital, a public railway, a public school or any other purpose that is prescribed as a public purpose for the purposes of this section,
(d) providing, maintaining and retaining, and regulating any matter relating to, affordable housing,
(e) protecting or preserving trees or vegetation,
(e1) protecting and conserving native animals and plants, including threatened species and ecological communities, and their habitats,
(f) controlling any act, matter or thing for or with respect to which provision may be made under paragraph (a) or (e),
(g) controlling advertising,
(h) such other matters as are authorised or required to be included in the environmental planning instrument by this or any other Act.
Since around 2004, the NSW Government has sought to reduce the number of environmental planning instruments (LEPs and SEPPs) that are applicable. It was once common for Council's to have different LEPs applying to different parts of their area, although now there is typically only one LEP for each Council area.
Similarly with SEPPs, it has been common to merge them together or transfer their provisions into LEPs eg. most of the provisions of former SEPP 1 are now contained with each LEP.
The above changes often have the initial appearance of reducing the amount of regulation in place, although this is not necessarily the case, as most LEPs and SEPPs are now much longer, containing more requirements than they did 20 years ago.
The 45 previous SEPPs have been consolidated into 11 new policies. These new policies are:
Replaces:
State Environmental Planning Policy (State and Regional Development) 2011;
State Environmental Planning Policy (Aboriginal Land) 2019; and
State Environmental Planning Policy (Concurrences and Consents) 2018.
Replaces:
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017;
State Environmental Planning Policy (Koala Habitat Protection) 2020;
State Environmental Planning Policy (Koala Habitat Protection) 2021;
Murray Regional Environmental Plan No 2—Riverine Land;
State Environmental Planning Policy No 19—Bushland in Urban Areas;
State Environmental Planning Policy No 50—Canal Estate Development;
State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011;
Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997);
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005;
Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment; and
Willandra Lakes Regional Environmental Plan No 1—World Heritage Property.
Replaces:
State Environmental Planning Policy (Coastal Management) 2018;
State Environmental Planning Policy No 33—Hazardous and Offensive Development; and
State Environmental Planning Policy No 55—Remediation of Land.
State Environmental Planning Policy (Infrastructure) 2007;
State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017;
State Environmental Planning Policy (Major Infrastructure Corridors) 2020; and
State Environmental Planning Policy (Three Ports) 2013.
State Environmental Planning Policy (Western Sydney Employment Area) 2009; and
State Environmental Planning Policy No 64—Advertising and Signage.
Replaces:
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007; and
Sydney Regional Environmental Plan No 9—Extractive Industry (No 2—1995).
Replaces:
State Environmental Planning Policy (Primary Production and Rural Development) 2019; and
Sydney Regional Environmental Plan No 8 (Central Coast Plateau Areas).
Replaces:
Parts of the State Environmental Planning Policy (State Significant Precincts) 2005;
Darling Harbour Development Plan No 1;
Sydney Regional Environmental Plan No 26—City West;
Sydney Regional Environmental Plan No 16—Walsh Bay;
Sydney Regional Environmental Plan No 33—Cooks Cove; and
State Environmental Planning Policy No 47—Moore Park Showground.
Replaces:
Parts of the State Environmental Planning Policy (State Significant Precincts) 2005;
Parts of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006;
State Environmental Planning Policy (Kurnell Peninsula) 1989;
Sydney Regional Environmental Plan No 24—Homebush Bay Area; and
State Environmental Planning Policy (Urban Renewal) 2010.
Replaces:
Parts of the State Environmental Planning Policy (State Significant Precincts) 2005;
Parts of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006; State Environmental Planning Policy (Western Sydney Aerotropolis) 2020;
State Environmental Planning Policy (Penrith Lakes Scheme) 1989;
Sydney Regional Environmental Plan No 30—St Marys; and
State Environmental Planning Policy (Western Sydney Parklands) 2009.
Replaces:
Parts of the State Environmental Planning Policy (State Significant Precincts) 2005;
State Environmental Planning Policy (Activation Precincts) 2020;
State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007; and
State Environmental Planning Policy (Gosford City Centre) 2018.
Conclusion
The actual changes to legislative provisions appear minor with existing legislative provisions being consolidated into new policies, although those involved in Development Application preparation/assessment should familiarise themselves with the new policies.