New draft regulations on exhbition

20 September 2010

The existing Environmental Planning and Assessment Regulation will expire soon. A new draft regulation has now been placed on exhibition (here).

The proposed new regulation will largely carry over existing provisions of the regulation, which was put in place in the year 2000, but there are some areas of difference, including:

  • changes to Part 4 development application (DA) assessment including limiting the use of “stop-the-clock” provisions and introducing new determination times of 50 days for simple DAs and 90 days for more complex DAs;
  • changes to additional matters to be considered when determining DAs;
  • revising classes of designated development;
  • increasing fixed planning fees and charges;
  • revising fees for Part 3A modifications to include a three-tiered fee scheme;
  • setting a standard maximum fee for “critical infrastructure” projects;
  • removing the 1000 square metre floor space limit for “change of use” provisions relating to light industrial and commercial existing uses;
  • setting new circumstances in which work is not taken to be physically commenced (this will make it harder to preserve development consents that might otherwise lapse);
  • administrative changes to the Part 3A major project assessment process; and
  • administrative changes to building and other certification procedures.

Submissions will be accepted until 5 November 2010. We urge members with comments on the draft regulation to contact us. We will be making a submission.