Category: Other

Department of Planning extends Development Consent Commencement Timeframes

May 29, 2020 by Evan Matthews

The Department of Planning, Industry and Environment (DPIE) has enacted further emergency changes to the Environmental Planning and Assessment Act 1979 in response to the COVID-19 Pandemic.

The changes recognise the difficulties and disruptions experienced by landowners to commence building works for existing development consents by extending lapsing periods for development consent, extending the period for existing land use rights and extending appeal periods on determinations.

DPIE advise the changes include:

  • Consents granted before 25 March 2020 will be extended by 2 years and all consents granted since 25 March 2020 will have a lapsing period of 5 years (which cannot be varied during the pandemic period).
  • Property owners relying on existing and continuing use rights who are forced to stop using their property during the pandemic will now have 3 years to resume, instead of 1 year
  • Appeal periods for merit appeals to the courts have been doubled to provide more flexibility for applicants and the community.
  • Investigation officers are now able to conduct interviews for compliance investigations using phone or video link to allow for social distancing.

The changes are temporary and expected to be repealed once economic conditions improve. Permanent changes were also made to clarify the meaning of commencement of works.

In addition, a separate round of amendments to the Environmental Planning and Assessment Regulation 2000 has removed the requirement for development applications to be notified in a local newspaper. Instead, Councils are required to notify development applications on their website, a practice which Mosman Council has undertaken for several years through our DA Tracker.

The DPIE website has further information on the changes to development consent periods and the notification requirement changes.

NSW Planning – Changes in Response to COVID-19

Apr 3, 2020 by Kelly Lynch

In recent days, the NSW Government has announced a number of changes to NSW planning legislation in response to COVID-19 and the need for social distancing. Many of these changes are the result of Orders issued by the Minister for Planning and Public Spaces, the Hon. Rob Stokes, under newly created section 10.17 of the Environmental Planning and Assessment Act 1979. Changes will remain in place until the COVID-19 pandemic is over, or the advice of NSW Health changes.

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Community braves the rain to have a say on local parks

Feb 28, 2020 by Evan Matthews

The Urban Planning Team pushed through the rain on Saturday to hold community drop in sessions at Reid Park and Sirius Cove reserve. The sessions were well attended by members of the public who braved the elements to get involved. Issues discussed were varied including off-leash dog walking, kayak and dinghy storage, vegetation management, new ideas for park furniture and much more.

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The Not So “Missing Middle”

May 9, 2019 by Linda Kelly

There has been much written about the so called ‘missing middle” as part of a solution to Sydney’s housing problem. Last year the State Government introduced a new code to allow certain types of medium density housing like terrace housing and dual occupancies, to be approved by private certifiers within 20 days if they comply with predetermined controls.Mosman, like the majority of Sydney metropolitan councils, received a 12 month deferral of the commencement of the code. This is due to expire on 1 July 2019. The State Government has remained silent on any plans for the affected councils past that date and has not responded to Council’s request for a permanent exclusion from the code.

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Exemptions for Minor Works to Heritage Properties

Oct 17, 2018 by Evan Matthews

Exemptions for Minor Works to Heritage Properties

Heritage properties and properties in heritage conservation areas often require maintenance and repairs. Typically consent for works to such properties requires a development application (DA) to be lodged with Council. However, an exemption may be issued if the works being carried out minor and would not adversely affect the significance of the heritage item or conservation area. This means a development application may not be required for approval of the works.

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