NSW Planning Law updates commencing July 1

Planning law across Australia is changing quickly - the first half of 2022 saw several planning law reforms commence, with more having just taken effect in the second half of the year on 1 July 2022. These changes have the potential to add complexity to the process for development applications moving forward.

Now more than ever, businesses cannot afford to ignore these complexities, as non-compliance can lead to criminal liability (both corporate and individual) and significant financial and reputational issues.

Our Environment and Planning team has extensive experience in regulatory interpretations and navigation, and guiding our clients through an ever-evolving regulatory landscape.

Important changes in the first half of the year included:

• Commencement of the Environmental Planning and Assessment Regulation 2021 on 1 March 2022. This replaced the 2000 regulation and has introduced notable changes including the first statutory recognition of Reviews of Environmental Factors (REFs) when considering the likely impact of an activity on the environment, simplified “stop the clock” provisions for deemed refusal periods of development applications, and the inclusion of new categories of designated development to reflect emerging technologies. The new regulations can be accessed here.
• Commencement of the consolidated State Environmental Planning Policies (SEPPs) from the existing 45 policies into 11 policies on 1 March 2022 (not including the consolidated Housing SEPP which commenced on 26 November 2021). The new policies have been reorganised thematically, however no substantive changes have been made to the content. Further information on the SEPPS can be accessed here.

Further changes which took effect on 1 July 2022 include:

• Commencement of the Department of Planning and Environment’s “Guidelines for Division 5.1 Assessments” created under clause 171 of the Environmental Planning and Assessment Regulation 2021. These Guidelines, first published in February 2022, replace the 1995 Guidelines and are the reference point for the preparation of REFs. The Guidelines can be located here.
• Commencement of the Registered Environmental Assessment Practitioner Scheme (REAP Scheme) which requires all environmental impact statements for applications for state significant development and state significant infrastructure to be reviewed by a Registered Environmental Assessment Practitioner (REAP). A REAP is an environmental assessment practitioner certified under an accredited REAP scheme whose role is to review the environmental impact statement and declare that it complies with the requirements under the Environmental Planning and Assessment Regulation 2021. This declaration must be attached to the environmental impact statement on lodgement of the application. Further information about the scheme can be accessed here.