Planning Act and Regulations

State Environmental Planning Policies

State Environmental Planning Policy No.1 - Development Standards

Planning Act & Regulations

All development assessment and zoning of land in New South Wales is undertaken in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act). In particular, the issues that must be considered within every development application in New South Wales are outlined in Section 79C of the EP&A Act. The primary supporting legislation to the EP&A Act 1979 is the Environmental Planning and Assessment Regulations 2000 (EP&A Regs). The Regulations specify processes, regulations and provisions relating to the EP&A Act 1979.

State Environmental Planning Policies

State Environmental Planning Policies (SEPPs) are applicable throughout New South Wales and are generally aimed at addressing state significant issues; regulating state significant forms of development; and/or permitting development undertaken by State public authorities (services, infrastructure and local government). To view all SEPPs click on the link above, and select "S" in the EPI alphabetical list. 

Within the Great Lakes Council area, various SEPPs must be considered as part of the development assessment process.

Please note, recent changes to State legislation have introduced new provisions for residential, commercial and industrial development. These changes enable certain works to be undertaken as exempt or complying development (i.e. a development application is not required) in certain locations.

Council recommends that all prospective applicants for new residential, commercial or industrial development review the details contained in the NSW Housing Code and NSW Commercial and Industrial Code, as these provisions may override Council's current development controls.  

State Environmental Planning Policy No 1 (SEPP 1)

Aim of the Policy

The aim of the State Environmental Planning Policy No 1 - Development Standards (SEPP1) is to provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act 1979.

What do I need to do?

Any person who wishes to proceed, may make application to vary the standard by way of a Development Application, supported by a written objection (SEPP1 Application Form) that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case, and specifying the grounds of that objection.  It is only in justified circumstances that Council may vary a development standard.  A Guide to State Environmental Planning Policy Number 1 is available.

How is the Application to vary under SEPP1 assessed?

The application will be assessed by Council Officers on the basis of the current planning instruments or State and Regional planning controls and if deemed necessary, will be referred to Department of Planning for their concurrence.  Consideration of applications includes assessment under the following criteria:

1. Objective of standard, and whether proposal is consistent with the objective;
2. planning objectives for locality, and whether proposal is consistent with the objectives;
3. cumulative effect of similar approvals (ie the objective of the standard and the planning objectives for the locality should not be undermined by the cumulative effect of approvals in similar cases), and
4. whether notified State or Regional significance. 

Related Links:

• Department of Planning