by: Alyce Kliese, Partner and Byron Knight, Solicitor


The NSW Department of Planning, Infrastructure and Environment has recently released a proposed amended Environmental Planning and Assessment Regulation 2021 (the Regulation). The proposed changes follow the 2018 updates of to the parent-legislation of the Regulation, the Environmental Planning and Assessment Act 1979. The proposed changes have the goals of cutting “red-tape”, improving efficiency, increasing transparency, and reducing assessment timeframes. The Regulation supports the day-to-day requirements of the planning and system, so any proposed changes to the Regulation warrant close inspection!

 Key Summary Points:

The New Regulation is expected to commence on 1 March 2022. Submissions close on 22 September 2021 and can be made on the Planning Portal.

We have set out six of the most important proposed amendments in my view below:

Also, a new cl 102(1) in the 2021 EPA Regulation proposes to provide that a CDC application must be in the approved form and includes new requirements as to the information to be included, which are: previous DA reference numbers for change of use CDC applications; and additional information on prior approvals.

The duplicate requirements for neighbour notification will also be removed in relation to modified CDC, if neighbours were notified of the original application.

Please read the EPA Regulation 2021 Overview fact sheet should you wish to consider the proposed amendments further.

How we can help

As always, we are here to help you deal successfully with a problem that might prevent you from achieving your aim.  Unless and until there are amendments to the EPA Act, there are some practical ways to address this limitation. For example, it might be practical in your case to: