Planning reforms – understanding the deluge of proposed reforms

Getting up to speed with proposed planning reforms 3 min read

In late 2021, extensive planning reform proposals were announced across a range of policy areas.

In this series of Insights, our Environment & Planning team will cover what you might’ve missed, and the key points to consider when preparing submissions and responding to these reforms.

What the series will cover

• The proposed new approach to rezonings (public submissions on the discussion paper close on 28 February 2022).
• The new EP&A Regulation 2021 finalised in December 2021, which takes effect on 1 March 2022.
• The consultation draft Design and Place SEPP and associated documents, on exhibition until 28 February 2022.
• Changes proposed to several SEPPs.
• The massive infrastructure contributions reform package, proposed to begin on 1 July 2022.

Key changes to know about

Following a ministerial reshuffle, Minister Anthony Roberts returned to the planning portfolio on 21 December 2021, which he previously held from January 2017 to April 2019. He also holds the portfolio of Minister for Homes.

There have also been changes to the senior ranks in the Department, including a new Secretary, Mick Cassel (formerly chief executive of Land and Housing Corporation). And another name change, with the Department returning to its DPE acronym.

With these changes, it’s unclear to what extent Minister Roberts will carry forward the reforms announced in late 2021.

In a welcome development in December 2021, the Premier announced the Greater Sydney Commission will expand to become the Greater Cities Commission, now to include Newcastle, the Central Coast and Wollongong.

Understanding the Minister’s Planning Principles

Before the reshuffle, Minister Stokes (while still Minister for Planning and Public Spaces) unveiled another important reform: the Minister's Planning Principles.

The Nine Principles, which hadn’t seen any public or industry consultation, were launched in early December 2021 and given legal effect through a Ministerial Direction under s9.1 of the EPA Act (to commence on 1 March 2022).

While the Principles aren’t intended to play a direct role in development assessment decision-making, they must be considered when preparing planning proposals.

In summary, the Principles aim to achieve these nine outcomes:

1. Planning systems: a strategic and inclusive planning system for the community and the environment.
2. Design and place: delivering well-designed places that enhance quality of life, the environment and the economy.
3. Biodiversity and conservation: preserving, conserving and managing NSW’s natural environment and heritage.
4. Resilience and hazards: managing risks and building resilience in the face of hazards.
5. Transport and infrastructure: providing well-designed and located transport and infrastructure integrated with land use.
6. Housing: delivering a sufficient supply of safe, diverse and affordable housing.
7. Industry and employment: growing a competitive and resilient economy that is adaptive, innovative and delivers jobs.
8. Resources and energy: promoting the sustainable use of NSW’s resources and transitioning to renewable energy.
9. Primary production: protecting and supporting agricultural lands and opportunities for primary production.

What happens now?

In the near future, all planning proposals will need to grapple with the new 'sub-principles' within the Planning Principles (assuming the new Minister doesn’t revoke the Ministerial Direction).

While entrenching sustainable development as the 'golden thread' which runs through our planning system is a laudable objective, it remains to be seen whether the Principles add further uncertainty and delay to the planning proposal process.

Against this backdrop, our next Insight covers the rezoning reforms.

If we can help you plan in any way, please get in touch with any of the team listed below.