Environmental Planning and Assessment Regulation - EDO NSW

Environmental Planning and Assessment Regulation

Review of the Environmental Planning and Assessment regulation 2000 - EDO NSW submission

November 2017 - Download this submission

This submission comments on the NSW Government’s September 2017 Issues Paper on the Review of the Environmental Planning and Assessment Regulation 2000 (Planning Regulation).

The Planning Regulation underpins the day-to-day operation of the Environmental Planning and Assessment Act 1979 (Planning Act), guiding the processes, plans, public consultation, impact assessment and decisions made by the Department of Planning and Environment and other planning authorities.

Part A of the submission suggests some guiding principles to inform the Review and development of a draft revised Planning Regulation. Namely: 

  • Achieving the aims of the Act, government policy objectives, and setting environmental goals
  • Transparent information and effective engagement on planning matters
  • Ensure the greatest impacts receive the greatest scrutiny (e.g. major projects)
  • Specific consultation needed on giving effect to the Planning Bill 2017.

Part B examines existing provisions and matters noted in the Issues Paper that are relevant to the public interest, and other issues that EDO NSW sees as important for any redrafted Regulation to address. 

The NSW Parliament has passed the Government’s Environmental Planning and Assessment Amendment Bill 2017 (Planning Bill 2017). It is very difficult to consider the impact of this lengthy Bill as well as comment on the existing Regulation. Legitimate concerns have also been raised about the effect of certain amendments in the Bill.

We strongly recommend the Department prepare specific consultation material on how it proposes to amend the Regulation to give effect to the Planning Bill 2017. We recommend this occur in advance of a draft Regulation.

Link to this submission page.