06 April 2010
The NSW Department of Planning has released a discussion paper flagging changes to the State Environmental Planning Policy (Infrastructure) 2007.
The Infrastructure SEPP, introduced in 2008, doesn’t just relate to infrastructure projects. The Department tends to use the SEPP as vehicle for a wide range of miscellaneous and apparently unrelated rules.
The paper proposes a new requirement for development at or near an “air transport facility”. The rule would apply to land where the Australian noise exposure forecast (ANEF) levels are 20 or greater and the consent authority considers it is likely to be adversely affected by aircraft noise.
Current provisions of the Infrastructure SEPP also regulate activities on 49 regional airport sites in NSW. The SEPP proposed to ban residential development on these lands.
There are also proposals that would allow special rules for universities to expressly include student and staff accommodation and accommodation for visitors. The special rules may override existing zoning.
The paper proposes new rules which would allow the development of a “university student house” to be carried out with consent in some additional zones on land within 800 metres of the boundary of an existing university campus. There is also provision for an additional floor space ratio allocation in zones where residential flat buildings are already permitted.
There are also proposals to change the standards associated with traffic-generating development (which needs to be referred to the RTA). Among other things, the changes will affect:
- developments that mix commercial premises and industry;
- drive-in take-away food outlets;
- motor showrooms;
- parking facilities;
- places of assembly or places of public worship;
- licensed premises;
- refreshment rooms;
- roadside stalls;
- service stations;
- tourist facilities;
- recreation facilities; and
- showgrounds/sportsgrounds.
Proposed new provisions will allow the state government to avoid rezoning its own land when selling surplus government sites. Instead, land may be sold to developers with “site compatibility certificates” issued by the Department of Planning to permit development that might otherwise be prohibited.
The paper suggests that “health services facilities” should be permissible in low density residential zones.
There are proposals related to the construction and maintenance of coastal protection works. Provisions are made for some works to be permissible with consent – and some to either be exempt or complying development.
The paper proposes the removal of an existing “sunset rule” for the easy development of educational facilities and that the same permissibility regime apply equally to both the government and non-government educational establishments permanently.
The Department of Planning will accept comments on the paper until 12 April 2010. Please contact us if there are any matters you think we should raise in a submission.
The full discussion paper is available here.
