29 November 2010
In our last Member Alert we detailed some of the serious problems in the recently exhibited NSW draft Environmental Planning and Assessment Regulation 2010.
We have completed our submission and provided it to the Department of Planning. The full submission is here. As the regulation exceeded 300 pages, and there were many difficulties with it, our submission is lengthy. However, the executive summary provides a relatively concise three page overview of the most important points.
On a positive note, two things are worth noting.
Removal of the 1,000 square metre cap
We have consistently expressed concern about the effect of the 2006 and 2007 amendments to existing use rights. As a result of these changes commercial and industrial premises subject to existing use rights cannot enjoy a change of use under existing use provisions if the alterations:
- involve anything more than minor alterations or additions;
- involve an increase of more than 10 per cent in the floorspace;
- involve the rebuilding of the premises;
- involve a significant intensification of that existing use; or
- relate to premises that have a floorspace of 1,000 square metres or more.
We have argued and will continue to argue for a return to the pre-2006 arrangements. However, the draft regulation makes a small step in our direction, with a proposal to remove the above 1,000 square metre cap on the exercise of existing use rights for commercial or light industrial premises.
Time for concurrence authorities reduced to 21 days
There is a proposed new obligation on a concurrence authority/integrated development approval authority to respond to a council (under Part 4) within 21 days, rather than the current 40 days.