06 April 2010
Options paper on changes to the Standard Instrument
The Standard Instrument is the new template that is being used for the re-write of all significant local environmental plans across NSW.
In the few areas where Standard Instrument compliant LEPs are already in force, we have seen an escalation in arbitrary rules and prohibitions. We have been pushing for significant revisions to the Standard Instrument to ensure that it fulfills its original intention of a simplified, more responsive planning system.
The Department of Planning has released a consultation paper relating to the reform of the Standard Instrument. While it responds to some of the issues we have raised, much of the paper responds to issues raised by councils and other government agencies. Many issues related to the ‘centres policy’ have not been addressed and this has been left to a separate process.
The changes generally relate to:
- secondary dwellings;
- the B5 Business Development Zone;
- residential development in Zone B6 Enterprise Corridor 5;
- industrial retail outlets;
- Zone RU4 Rural Small Holdings;
- heritage items and Aboriginal objects; and
- a wide number of dictionary definitions.
Among the many changes proposed by the paper is a proposal for a new definition of “hardware and building supplies” which may be mandated as a permissible use in the B5 Business Development zone and possibly the IN2 Light Industrial zone. This development reflects a persistent push by the Urban Taskforce to get some commonsense on this front.
Submissions in response to the paper are due with the Department of Planning by 14 May 2010. We will making a submission and we’re keen to hear from members with their views or comments.
The Department of Planning’s paper is here.
New model local clauses
The NSW Department of Planning is moving to introduce new additional “model local clauses” for use in the new comprehensive local environmental plans being rolled out across NSW.
The new clauses relate to:
- active street frontages;
- flood planning;
- minimum lot sizes for dual occupancy, multi dwelling housing and residential flat buildings;
- airspace operations;
- development in areas subject to aircraft noise;
- exceptions to the minimum lot size for certain residential accommodation;
- erection of dwelling houses on land in certain rural and environmental protection zones.
The proposed clause on active street frontages is designed to provide a more targeted approach to requirements for shopfronts for retail/residential/commercial development. The idea is to require “active” street fronts on specific streets rather than blanket rules across the zone.
We have consistently criticised rules that “promote” active streetscapes across a zone by banning all residential development (for example, in a commercial core zone) or mandating mixed retail/residential development (for example, in a mixed use zone). This proposal from the Department suggests support for a more targeted approach, although it also opens up the possibility of arbitrary differential treatment between nearby lands in the same zone. We are particularly interested in members’ views on this issue.
The proposed clause on flood planning would apply to areas that are formally mapped as “flood planning areas”, but also “other areas where accurate mapping is not possible”. We’re particularly interested in knowing members’ views as to whether the inclusion of unmapped areas is justifiable and/or appropriate.
The proposed clauses on standard minimum lot size for higher density residential developments envisages a minimum size for a development site (and the lots of attached dwellings) being prescribed as a matter of course. We’re very interested in any views from members about this; particularly if there are any case studies of councils that have sought to impose unreasonable minimum lot sizes of apartment, terrace or townhouse development.
The proposed clause on airport operations relates to the “obstacle limitation surface map” prepared by the airport operators and endorsed by the Commonwealth authority. The clause on aircraft noise corresponds to the clause discussed in the context of the proposed changes to the Infrastructure SEPP below.
Comments can be provided to the Department of Planning by Friday 30 April 2010. Please contact us if you have any comments that you think we should raise in a submission.
More information is available here.
