What is a SEPP 1?
What is a SEPP 1?
Development Standards (SEPP1). Both Clause 4.6 and SEPP 1 provide flexibility in the application of planning controls by allowing councils to approve a development application that does not comply with a development standard where this can be shown that compliance is unreasonable or unnecessary.
What is a non discretionary development standard?
non-discretionary development standards means development standards that are identified in an environmental planning instrument or a regulation as non- discretionary development standards.
What are the two NSW planning mechanisms that provide the ability to vary development standards?
The NSW planning system currently has two mechanisms that provide the ability to vary development standards contained within environmental planning instruments: Clause 4.6 of the Standard Instrument Local Environment Plan (SILEP); and. State Environment Planning Policy No 1 – Development Standards (SEPP1).
What is a clause 4.6 Variation?
Clause 4.6 of the Standard Instrument LEP provides flexibility in the application of development standards in certain circumstances allowing consent authorities, such as local councils, to approve a variation to development standards.
What is a SEPP NSW?
The NSW government has been working towards developing a new State Environmental Planning Policy (SEPP) for the protection and management of our natural environment. These areas are important to communities in delivering opportunities for physical health, economic security and cultural identity.
What is a 149 certificate in NSW?
What is a Section 149 Certificate? Section 149 Certificate, also known as zoning certificates, are legal documents issued by NSW Council’s under the provisions of the Environmental Planning and Assessment Act 1979. They contain information about how a property may be used and restrictions on development that may apply.
What are development standards?
Development Standards means regulations pertaining to the physical modification of the environment including the size and location of structures in relation to the lot. Development standards include maximum height of structures, minimum lot area, minimum front, side and rear yards, setbacks, maximum lot coverage.
What is a development standard NSW?
A development standard must be something that is permitted or permissible in the circumstances. If clause 26 was a prohibition, the development was correctly refused. If clause 26 were a development standard, it instead could be flexibly applied by the JRPP under the Ryde Local Environmental Plan 2014 (NSW).
What is the purpose of development standards?
Development standards are a means of achieving an environmental planning objective and can be numerical or performance based. Some developments may achieve desirable planning outcomes despite not meeting the required development standards.
What are sufficient environmental planning grounds?
Sufficient Environmental Planning Grounds Such grounds include matters that ‘relate to (the) subject matter, scope and purpose of the Act, including the objects in s 1.3.
What are environmental planning grounds?
“environmental planning grounds” are. These grounds. relate to the subject matter, scope and purpose of the. Environmental Assessment and Planning Act 1979, including the objects in Section 1.3 of the Act.
What is the concurrence Sepp?
The Concurrence SEPP would allow the Planning Secretary to elect to be the concurrence authority for certain development that required concurrence under nominated State environmental planning policies including the Infrastructure SEPP and the Growth Centres SEPP.
Can a secretary be a concurrence authority for a development application?
This means that — for all clause 4.6 requests (and any objection made under SEPP 1) the applicant is now obliged to nominate the Secretary as a concurrence authority as part of the development application (as per clause 1 (1) (f) of Schedule 1 of the Regulation).
When is an unqualified ‘assumed concurrence’ no longer valid?
There is no longer any unqualified ‘assumed concurrence’ from the Secretary when a clause 4.6 request or SEPP 1 objection is made.
Should I consider alternatives to the SEPP program?
If your financial need is short term, you may want to consider other alternatives since you are required to continue the SEPP program for a minimum of five years. This period may be much longer if you are younger than 44 years old.
