New State significant
assessment system
for EPLA
Marcus Ray
Executive Director Assessment Systems
& General Counsel
October 2011
Implementation: Repeal of Part 3A
• Environmental Planning & Assessment
Amendment (Part 3A Repeal) Act 2011
– commenced 1 October 2011
• New State & Regional Development SEPP 2011
– exhibition from 18 August 2011 until 2 September 2011
• EP&A Regulation amendments
• Savings and Transitionals
SRD SEPP - Consultation
65 submissions were received, including:
– 10 from government agencies
– 23 from local councils
– 13 from industry groups and associations (including the EDO and
LGSA)
– 19 from other stakeholders (individuals, business and the Greens)
32 changes to the SEPP made
State significant classes remain similar to those set out June 2011
policy statement.
All submissions are on the Department’s website.
SRD SEPP - classes & sites
• State significant development
– 24 classes
– 18 sites + NSW Housing sites
• State significant infrastructure
– carried out by public authority development who would also be a
determining authority & would require an EIS
– 6 other classes
– 4 projects and 1 concept plan transitioned from Part 3A
• Critical infrastructure
– Pacific Highway, North West Rail Link, Light Rail extension
MD SEPP >>> SRD SEPP - 1
•
•
•
•
•
•
About 50% less projects than Part 3A
Residential, retail and commercial, and coastal
subdivision classes removed
Marinas excluded
Employment excluded as criteria for SSD
Most CIV thresholds standardised at $30M
All $5M thresholds (ESASS) increased to
$10M
MD SEPP >>> SRD SEPP - 2
• Medical centres added to Hospitals
• Distribution and storage facilities
–
criteria $30M > $50M
–
requires facilities to be on contiguous sites
• Tourist, convention and entertainment facilities
–
–
new clause ‘Cultural and Sporting Facilities’ with CIV at
$30M
new clause ‘Other Tourist Related Facilities’ to capture
remainder, and retains CIV for those at $100M.
– Research facilities added to educational
establishments
MD SEPP >>> SRD SEPP - sites
• Developed sites removed
• Generally CIV threshold raised from $5m $10m.
– North Penrith and North Ryde Station Precinct principal subdivisions
– Royal Randwick Racecourse (10 m + all non-race day
events)
– Housing NSW sites
SSD: Key features 1
• Builds on existing Part 4 of the EP&A Act
– SSD requires development consent under an EPI
• Section 79C assessment
– must consider all SEPPs & LEPs in making a decision
– SEPP 1 applies
– Development Control Plans do not apply (SRD SEPP)
• Local infrastructure contributions apply
– ss94 or 94A
• Can determine partially prohibited development
SSD: Key features 2
• Call-in for prohibited development
– Concurrent rezoning
• Broad power to modify proposal in assessment
– To mitigate impacts by redesign
• Other approvals not required or must be issued
consistently: ss89I & 89J (former ss75U & 75V)
– except aquifer interference Water Management Act 2000
• Applicant and objector appeals & s123 review
– No appeals if public hearing
– Public meeting is not a public hearing.
SSD: Assessment 1
• Benchmark
– 85% applications determined within 4 months of start of exhibition
• Pre-lodgement:
– EP&A Regulation include requirements for request for Director
General’s Requirements (DGRs)
– Online request
– Consultation with councils & relevant agencies - 14 days to respond
– 28 days for DP&I to issue DGRs
– Extended period for planning focus meeting
– DGRs refer to relevant guidelines
– Standard DGRs
SSD: Assessment 2
• Environmental Impact Statement preparation
– responds to DGRs
– addresses the principles in Schedule 2 EP&A Regulation 2000,
as required
– applicant prepares EIS in consultation with community, council
and relevant agencies
• Lodgement:
–
–
–
–
Comply with schedule 1 of the EP&A Regulation 2000
DA for SSD lodged with EIS
no adequacy test
28 days from the lodgement for DP&I to stop the clock for more
information
SSD: Assessment 3
• Exhibition
–
–
–
–
–
minimum 30 day exhibition period (45 days for school holidays)
councils & agencies notified during exhibition
90 day deemed refusal period
DP&I may request response to submissions
may amend proposal in response to submissions – limited
requirement to re-exhibit if reduce impacts
• Assessment report
– Section 79C + DGRs
• DP&I Website
– DGRs, EIS, all submissions & reports
SSI: Key features
• SSI must be development that:
– does not need consent under a SEPP, and
– carried out by a public authority requiring an EIS
• Other approvals not required or must be issued
consistently: ss115ZG & 115ZH (former ss75U &
75V)
– except aquifer interference Water Management Act 2000
• EPIs don’t apply to assessment
• No merit appeals but s123 review
– No change
• Critical State Significant Infrastructure
SSI: Assessment 1
• Benchmark
– Same as SSD
• Lodgement:
– Online
– Application
• Director General Requirements (DGRs):
– Same as SSD,
– except no standard DGRs, but model DGRs
• Environmental Impact Statement preparation
– Same as SSD
SSI: Assessment 2
• Environmental Impact Statement lodgement
– no adequacy test – same as SSD
• Exhibition
– Same as SSD except:
• DP&I may request Preferred Infrastructure Report
• 90 days for completion of DG’s report from end of exhibition
• Assessment report
– DG’s report against DGRs
• DP&I Website
– DGRs, EIS, all submissions & reports
SSD & SSI: Determination
• Minister delegates determination to:
– Planning Assessment Commission
• projects by private proponents
• political donation statement lodged
• where relevant council objects
• Minister determines:
• Public authority projects
• DP&I
• projects less than 25 objections by members of
public
PAC Determinations
– PAC adopts new procedures 5 September 2011
• DG report published on DP&I webpage before
• Meetings with DP&I, local council & applicant
• Public meetings before determination
– Depending on number of objections
– Applicant to respond to questions at meeting
• Public meeting is not a public hearing
• May request further information before
determining
Part 3A Projects: Transitional Provisions
• Part 3A projects + concept plans completed as
Part 3A
– if DGRs issued when Act commences
• If DGRs not issued when Act commences:
– if the project is SSD then an application for SSD will be
processed
• Part 3A approvals, including concept plans, will
be modified under Part 3A
• Critical infrastructure projects under Part 3A will
remain critical infrastructure
Regional panels
•
•
•
•
•
•
•
Over 50% DAs now be determined by Council
subdivisions over 250 lots - removed
$10m - $20m - removed
$10m – $20m - referral after 120 days unless applicant delay
coastal developments – smaller developments removed
designated – extractive industries, waste facilities & marinas
Savings & transitionals - in Schedule 6A of the Act
SSD: proposed call-in procedure
• Proponent requests – DP&I consults council &
reports to PAC.
• PAC advises Minister on State & regional
planning significance
• Minister determines if call-in.
• All documents available on web
SSD Call-in – proposed State & regional
significance criteria
•
•
•
•
•
•
•
strategic consistency & importance
major public benefits
significant environmental, social or economic impacts
significant economic benefit to a region, the State or the
national economy
geographic scale
complexity, uniqueness or requirement for specialist
assessment
other relevant matters
Implementation
• Proponent’s SSD/SSI checklist
• SSD & SSI flow charts
• Planning circulars
• Fact Sheets
• Regional Panel checklist + referral
template
• Notification Policy
• Call – in guideline
New State significant
assessment system
Marcus Ray
Executive Director Assessment Systems
& General Counsel
October 2011