The Department of Planning has released an exposure draft of the Concurrences and Referrals State Environmental Planning Policy (SEPP), which will further streamline the processing of development applications and give councils given greater decision-making autonomy.
The draft policy removes more than 1300 provisions from 237 separate local, regional and State environmental planning instruments, which require either a concurrence or a referral to obtain the approval of a government department to a development application or new environmental plan.
For development assessment processes, the draft SEPP it removes concurrence and referral provisions across areas including:
- Road and traffic issues;
- Acquisition of land for proposed public utilities or services;
- Heritage;
- Biodiversity, habitat protection and managing environmental impacts;
- Mining and extractive industries;
- Agricultural matters or forestry matters;
- Water management and water quality control; and
- Acid sulfate soils.
It also removes provisions in certain regional environmental plans that relate to the
preparation of draft local environmental plans.
The proposal is likely to be welcomed, as the State Government continues to face criticism over the centralisation of planning powers and delays in processing applications.
According to Property Council of NSW Director-General Sam Haddad, the SEPP is designed to streamline local planning without compromising good environmental or planning outcomes. He said current guidelines and mechanisms ensure important issues receive appropriate scrutiny and mean these referral clauses are unnecessary.
“By removing the need for consent authorities to obtain concurrence or referrals, in many circumstances, the assessment process for DAs will also be streamlined, allowing members of the public to receive a faster decision,” Mr Haddad said.
Timeframes for any necessary concurrences will be shortened to 21 days. Where advice is not received within 21 days, it will be deemed that the concurrence or approval is granted. Councils will be instructed that, if advice is not received within 21 days, they must not delay the determination of a DA or finalisation of a plan.
Mr Haddad said that the draft SEPP also helps to resolve contentious issues before the lodgement of specific development proposals.
A new “gateway” process for new plans will determine on a case by case basis which government departments are required to be consulted and the timeframes for consultation.
Referral criteria and guidelines are to be developed with relevant departments as to what matters are to be referred to them. Section 117 Ministerial directions for matters to be considered when developing local environmental plans are to be reviewed and updated in light of the “gateway” process.
The exposure draft of the proposed SEPP is available for public comment until 22 August 2008. For more information, please visit http://www.planning.nsw.gov.au/asp/drafts.asp.