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Legislative Requirements

In this section:

Environmental Planning and Assessment Act
Environmental Planning and Assessment Act Regulation
Environmental Instruments (SEPPs and LEPs)
Development Control Plan 2018
Developer Contributions

The size and scale of the proposed development will determine which types(s) of application/approvals are required. 

Many types of minor home renovations and small building projects such as the erection of a carport, deck or garden shed don't need a planning or building approval. These types of projects are called exempt development. As long as the building project meets all applicable development standards and land requirements, no planning or building approval is needed.
 
Other straightforward, low impact residential, commercial and industrial developments that do require planning approval may qualify for a fast tracked approval process known as complying development. If the application meets specific standards and land requirements a Complying Development Certificate (CDC) can be obtained through your local Council or an accredited certifier.
 
Find out more the different planning approval types in NSW here:

The organisation that assesses and determines a development application (DA) or complying development certificate (CDC) is called the consent authority. The consent authority is guided by the Environmental Planning and Assessment Act 1979(EP&A Act), the Environmental Planning and Assessment Regulation 2000(EP&A Reg.), and a number of State Environmental Planning Policies(SEPPs) and Blayney Local Environmental Plans(LEPs).

Environmental Planning and Assessment Act

The Environmental Planning and Assessment Act 1979 (EP&A Act) sets out the laws under which planning in NSW takes place. The main parts of the EP&A Act that relate to development assessment and approval are Part 4 (Development Assessment) and Part 5 (Environmental assessment).   The Minister responsible for the Act is the Minister for Planning and Public Spaces.  

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Environmental Planning and Assessment Act Regulation

The Environmental Planning and Assessment Act Regulation sets out how certain functions under the EP&A Act should be carried out, fees associated with development assessment and other procedures.
 
Schedule 3 of the EP&A Regulation defines the types of designated development that will have a high impact (e.g. likely to generate pollution), or are located in or near an environmentally sensitive area (e.g. a wetland), and warrant a detailed environmental impact statement.

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Environmental Planning Instruments (SEPPs) and (LEPs)

Environmental planning instruments are statutory plans made under Part 3 of the EP&A Act that guide development and land use. These plans include State Environmental Planning Policies (SEPPs) and Local Environmental Plans (LEPs).

SEPPs

State Environmental Planning Policies (SEPPs) can specify planning controls for certain areas and/or types of development. SEPPs can also identify:
  • the development assessment system that applies to developments (e.g. whether a development is State significant)
  • the type of environmental assessment that is required (e.g. whether an environmental impact statement is required).
Key SEPPs relating to the assessment system include:

LEPs

The Blayney Local Environmental Plan (LEP) lists the types of development that are allowed in each zone of our local government area (LGA) and those that do not need development consent.  

All SEPPs and LEPs are available from the Legislation NSW website.

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Development Control Plan 2018

The Development Control Plan (DCP) provides more detailed controls for development in addition to those set-out in the Local Environmental Plan (LEP). Council at its 25 June 2018 meeting approved a new comprehensive DCP which comprises multiple chapters. 

The Blayney Shire Development Control Plan 2018 commenced on 2 July 2018.

For further information on the DCP or more specifically which chapter would apply to your proposed development, please refer to NSW Spatial Viewer for land zoning or fill out a Pre Planning Enquiry.

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Developer Contributions

Section 7.11 (Developer) Contribution Plans
Under the Environmental Planning and Assessment Act 1979 (EP&A ACT), Section 7.11 is the sole source of power for Council to levy developer contributions for public services, infrastructure and amenities. Section 7.11 contributions are a monetary contribution levied on developers at the development application stage to help pay for additional community facilities and/or infrastructure such as provision of libraries; community facilities; open space; roads; and bushfire facilities.
The Court has established the following principles for testing the validity of a consent condition requiring a Section 7.11 contribution:

  • The contribution must relate to a planning purpose;
  • The contribution must fairly and reasonably relate to the subject development;
  • The contribution must be such as a reasonable planning authority, duly appreciating its statutory duties, could have properly imposed.

Section 7.12 Developer Levy

As an alternative to s7.11 contributions, charged as a percentage of the estimated cost of the development. The maximum percentage that can be charged in most areas is 1%. These contributions are used to provide infrastructure to support development, including open space, parks, community facilities, local roads, footpaths, stormwater drainage and traffic management. Section 7.12 was previously known as section 94A.

Section 64 Developer Contributions

Section 64 contributions are levied under the Local Government Act 1993 towards sewer infrastructure. Council must have a Development Servicing Plan in order to levy a Section 64 contribution.

The Development Servicing Plan for Sewer enables Council to levy contributions where the anticipated development will or is likely to increase the demand for sewer supply services. Generally, additional capacity is required in these supply systems to accommodate the increased demands, and the contributions levied by Council will provide for that capacity.

The Development Servicing Plan is prepared in accordance with the 2016 Developer Charges Guidelines for Water Supply, Sewerage and Stormwater issued by the Minister for Lands and Water, pursuant to s.306(3) of the Water Management Act

Council at its meeting held 9 June 2020 (minute no. 2006/E006) resolved to adopt the Blayney Shire Council Development Servicing Plan for Sewerage Services. 

The Guidelines require that where a utility elects to levy less than the calculated developer charges, then the resulting cross-subsidy from the existing customers in the typical residential bill must be calculated and disclosed in the relevant Development Servicing Plan, in the utility's Annual Report, annual Operational Plan and in communication materials for consultation with stakeholders. 

As part of the adopted plan developer charges were set below the calculated charges to help promote and facilitate development in the Blayney Shire. The resulting annual cross-subsidy of $55 per service was levied from 1 July 2020 and will be adjusted on 1 July each year based on movements in the Consumer Price Index (CPI) for Sydney as published by the Australian Bureau of Statistics.

Please also refer to Central Tablelands Water for their Section 64 contributions if applicable.

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Last modified: 20 Oct 2021

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