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SEPP Environment Explanation of Intended Effect October 2017 SEPP (Environment) Explanation of Intended Effect Have your say 2 This Explanation of Intended Effect is available on the Department of Planning and Environment’s website: www.planning.nsw.gov.au/onexhibition You can make a submission online at the website or you can write to: Director, Planning Frameworks NSW Department of Planning and Environment GPO Box 39 Sydney NSW 2001 All submissions received will be made public in line with the Department of Planning and Environment’s objective to promote an open and transparent planning system. If you would like the Department of Planning and Environment to delete your personal information before publication, please make this clear in your submission. Before making a submission, please read our privacy statement at www.planning.nsw.gov.au/privacy October 2017 © Crown Copyright 2017 NSW Government Disclaimer While every reasonable effort has been made to ensure that this document is correct at the time of printing, the State of NSW, its agents and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance or upon the whole or any part of this document. Copyright notice In keeping with the NSW Government’s commitment to encourage the availability of information, you are welcome to reproduce the material that appears in ‘SEPP (Environment) Explanation of Intended Effect’ for personal, in-house or non-commercial use without formal permission or charge. All other rights are reserved. If you wish to reproduce, alter, store or transmit material please contact the Department of Planning and Environment to request permission. Explanation of Intended Effect – SEPP (Environment) Contents 3 Executive Summary 4 Part 1 – Proposed new State Environmental Planning Policy - SEPP (Environment) 7 Purpose of the new SEPP 7 Planning Context 8 Aims of the new SEPP 8 Key components 8 Part 2 – Proposed amendments to existing State Environmental Planning Policies 14 Managing catchments 14 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 14 Greater Metropolitan Regional Environmental Plan No. 2 – Georges River 16 Sydney Regional Environmental Planning Policy No. 20 Hawkesbury Nepean River (No.2-1997) 23 Protecting urban bushland 28 State Environmental Planning Policy No. 19 – Bushland in Urban Areas 28 Protecting waterways 33 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 33 State Environmental Planning Policy No. 50 – Canal Estate Development 45 Protecting special areas 47 Willandra Lakes Regional Environmental Plan No.1 – World Heritage Property 47 Part 3 – Proposed amendments to other planning legislation 51 Ministerial Directions 51 Standard Instrument Local Environmental Plans 54 Other planning instruments 56 Attachment A – Planning framework 57 Attachment B – Proposed approach – clause by clause 59 Attachment C – Definitions analysis 69 Explanation of Intended Effect – SEPP (Environment) 4 John Spencer/OEH Executive Summary The following information is provided as an Explanation of the Intended Effect under section 38 of the Environmental Planning and Assessment Act 1979 (the Act) of the proposed draft State Environmental Planning Policy (Environment) 2017 (the new SEPP). The Department of Planning and Environment (the Department) administers many State Environmental Planning Policies (SEPPs) and deemed State Environmental Planning Policies (previously known as Regional Environmental Plans) that respond to environmental issues. A new SEPP (Environment) will combine seven existing SEPPs into a simple, modern and accessible instrument. The new SEPP will incorporate revisions to current SEPPs to remove unnecessary or outdated policy, address emerging issues and locate provisions in the most appropriate level of the planning system. This is consistent with the key policy aims of the NSW Government to reduce unnecessary regulation and transform the planning system into one that is efficient, easy to understand and simple to use. This Explanation of Intended Effect describes the planning controls that are intended to be removed, saved or transferred by the proposed new SEPP and are set out under the heading for each of the existing SEPPs. In summary, the new SEPP will: 1. Repeal and replace: • State Environmental Planning Policy No. 19—Bushland in Urban Areas • State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 • State Environmental Planning Policy No. 50—Canal Estate Development • Greater Metropolitan Regional Environmental Plan No. 2—Georges River Catchment • Sydney Regional Environmental Plan No. 20—Hawkesbury-Nepean River (No.2-1997) • Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 • Willandra Lakes Regional Environmental Plan No. 1—World Heritage Property. Explanation of Intended Effect – SEPP (Environment) Executive Summary 5 2. Deliver a modern policy instrument that is consistent with the Standard Instrument Local Environmental Plan Order 2006 and contains a single set of planning provisions for: • catchments • waterways • bushland • protected areas. 3. Continue existing protections for the Sydney Drinking Water Catchment. 4. Deliver consolidated heads of consideration for assessment of Development Applications that will continue to protect Sydney Harbour Catchment, Hawkesbury Nepean River Catchment and Georges River Catchment. 5. Improve protections for Sydney Harbour by: • reaffirming the vision for Sydney Harbour as an outstanding natural, public asset of national and international significance to be maintained and enhanced for current and future generations • maintaining the current principles for the Foreshores and Waterways Area, such that: o the Harbour is to be recognised as a public resource, owned by the public, to be protected for the public good o the public good has precedence over the private good whenever and whatever change is proposed for Sydney Harbour or its foreshores o protection of the natural assets of Sydney Harbour has precedence over all other interests • better reflecting the current uses, needs and future of Sydney Harbour in the aims of the new SEPP by providing a framework for appropriate uses that are consistent with the vision for the Harbour • better aligning waterway zones with the Standard Instrument Local Environmental Plan • removing inconsistencies in the current instrument in regard to boat storage facilities • refining heads of consideration for consent authorities when assessing Development Applications in the Foreshores and Waterways Area • updating critical habitat provisions to be consistent with the Biodiversity Act 2016. 6. Permitting the subdivision of Sydney Harbour foreshore land to allow Roads and Maritime Services, who is the owner and consent authority of Sydney Harbour, to undertake its existing policy of subdivision on the Sydney Harbour foreshore for the purposes of managing lawfully reclaimed Harbour land. 7. Improving public urban bushland protections by revising the term ‘bushland zoned or reserved for public open space purposes’ to ‘public bushland’, which will include all land that is: • zoned non-rural, and • owned or managed by a council or a public authority, or reserved for acquisition for open space or environmental conservation by a council or a public authority, and • that has vegetation which meets a clear definition of bushland. 8. Improve protection of urban bushland in the Sydney metropolitan area by expanding current protections and modernising provisions to align with other planning instruments. Explanation of Intended Effect – SEPP (Environment) Executive Summary 6 9. Improving protections for Willandra Lakes World Heritage Area by: • giving effect in the planning system to new World Heritage Area management processes • aligning local environmental plans and SEPP provisions • updating the provisions to reflect the Plan of Management prepared under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. Related amendments will include: • a new Ministerial Direction to guide councils when preparing local environmental plans in the Hawkesbury Nepean, Georges River and Sydney Harbour catchments • a new Ministerial Direction to guide councils when preparing local environmental plans affecting urban bushland • an amendment to Ministerial Direction 2.3 Heritage Conservation to include additional considerations for planning authorities when preparing local environmental plans which might impact the Willandra Lakes World Heritage Area • updating the definition of canal estate development in the Standard Instrument Local Environmental Plan consistent with changes proposed in this Explanation of Intended Effect • moving heritage items listed in the Hawkesbury Nepean Regional Environmental Plan to the relevant local environmental plan • moving provisions in the Willandra Lakes Regional Environmental Plan to the relevant Standard Instrument local environmental plans • moving the prohibition of extractive industries in parts of the Hawkesbury Nepean Catchment to SEPP (Mining, Petroleum and Extractive Industries) to provide a consistent location for these types of provisions • moving Sydney Opera House provisions in the Harbour Regional Environmental Plan to SEPP (State Significant Precincts) to consolidate planning provisions for the Sydney Opera House in a single instrument • moving consultation requirements for public authorities under the Willandra Lakes Regional Environmental Plan to SEPP (Infrastructure) • amending
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