Reforms to the Development Application Process

Senior Associate

Planning and Environment Law

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The NSW Government has announced proposed changes to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 aimed at simplifying the DA process.

The proposed changes aim to make it easier for businesses in industrial and business zones to set up new premises, change or add additional uses, build and renovate, and operate longer hours without the need for a development application.

Key proposed changes include:

  • Allowing businesses to operate from 7 am to 10 pm in business zones or 24-hours in industrial zones regardless of their consent conditions;
  • Making it easier for businesses to reconfigure their parking lots, set up drive through ‘click and collect’ bays and areas for no-contact pick up;
  • Reducing duplication and simplifying planning documents needed to set up or change business uses;
  • Allowing new uses to be set up such as function centres, medical facilities, food and drink venues without the need for a development application;
  • Increasing height and floor space limits to account for larger buildings needed in today’s warehousing and manufacturing sectors;
  • Allowing data centres to be set up as complying development subject to strict conditions;
  • Introducing a design guide for specific developments like data centres, car showrooms, shops and offices; and
  • Introducing an opt-in for councils to master plan complying development in business and industrial zones in their areas.

If you’d like to discuss the proposed changes or other development issues, contact Ross Fox, the leader of FWO’s Planning and Environment Law team on 02 6650 7038.

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