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Planning System Circulars

Planning circulars

Note Purpose Date issued

PS 09-028 - Planning for entertainment To advise of changes that have been introduced to the regulation of public entertainment under the Environmental Planning and Assessment Act 1979. 26 October 2009

 
PS 09-027 - Implementation of the Metropolitan Strategy - ministerial direction To advise of a new Ministerial Direction under section 117(2) of the Environmental Planning and Assessment Act 1979, which gives statutory effect to the NSW Government's Metropolitan Strategy. The Direction applies to Sydney metropolitan local government areas, and takes effect from 1 October. 22 September 2009

 
PS 09-026 - Amendment to Mining SEPP regarding underground mining To advise of an amendment to State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007. 15 September 2009

 
PS 09-025 - Building Education Revolution Program - section 94E Direction To advise of a Direction issued under section 94E of the Environmental Planning and Assessment Act 1979 preventing the imposition of development contributions on Building Education Revolution projects. 15 September 2009

 
PS 09-024 - Additonal provisions for public transport facilities under the Infrastructure SEPP Provides information about the recent commencement of an amendment to State Environmental Planning Policy (Infrastructure) 2007 associated with public transport facilities. 8 September 2009

 
PS 09-023 - Joint regional planning panels for Western Region and Wagga Wagga To advise of the commencement of joint regional planning panels for the Western Region of NSW and the Wagga Wagga local government area on 1 September 2009. 26 August 2009

PS 09-022 - Exempt and complying development codes - related regulation changes To advise of the Environmental Planning and Assessment Amendment (General Commercial and Industrial Code) Regulation 2009, which takes effect on 7 September 2009. The changes support the implementation of the new General Commercial and Industrial Code. In addition they alter the requirements for post-determination notification and planning certificates. 5 August 2009

PS 09-021 - Changes to the exempt and complying development codes To advise of the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial) 2009, which commence on 7 September 2009. This includes advice about the new Housing and Internal Alterations Code and the new General Commercial and Industrial Code as well changes to the existing exempt and complying development codes. 5 August 2009

PS 09-020 - Complying development - certifiers to follow Minister's directions on development contributions To advise accredited certifiers, councils and the community of a minor changes to the way conditions requiring a development contribution are imposed on complying development certificates issued by certifiers. 21 July 2009

PS 09-019 - Changes to section 149(2) planning certificates by the Contaminated Land Management Amendment Act 2008 To advise councils of changes to the requirements for section 149(2) planning certificates in respect of contaminated land. 15 July 2009

PS 09-018 - Amended school provisions under State Environmental Planning Policy (Infrastructure) 2007 To provide information about an amendment to State Environmental Planning Policy (Infrastructure) 2007 associated with schools 14 July 2009

PS 09-017 - Changes to Crown development provisions under the EP&A Act To outline provisions of the Environmental Planning and Assessment Amendment Act 2008 relating to Crown development that commence on 1 July 2009. 2 July 2009

PS 09-016 - Establishment of joint regional planning panels To advise of the commencement of joint regional planning panels on 1 July 2009. 2 July 2009

PS 09-015 - Commencement of certain provisions of the EP&A Amendment Act 2008 and EP&A Amendment (Plan Making) Regulation 2009 To advise of the provisions of the Environmental Planning and Assessment Amendment Act 2008 and Environmental Planning and Assessment Amendment (Plan Making) Regulation 2009 that commence on 1 July 2009 1 July 2009

PS 09-014 SEPP (Repeal of REP Provisions) 2009 To advise of the repeal of certain REPs through State Environmental Planning Policy (Repeal of REP Provisions) 2009, which takes effect on 26 June 2009 26 June 2009

PS 09-013 Complying development To advise of changes to post-determination notification requirements for complying development. 3 June 2009

PS 09-012 Complying development - Conveyancing Regulation; notifications To provide further guidance on changes to the Conveyancing (Sale of Land) Regulation 2005, and post-determination notification requirements for complying development. 17 April 2009

PS 09-011 Certification of draft Standard Instrument LEPs for exhibition To update and clarify a number of issues relating to the consideration of draft Standard Instrument local environmental plans prior to public exhibition. Note: Replaces circular PS 07-019 issued 30 November 2007. 9 April 2009

PS 09–010 Exempt development - temporary structures for film making and filming activities on any land To advise of the amendment to State Environmental Planning Policy No. 4 - Development without Consent and Miscellaneous Exempt and Complying Development regarding exempt development and filming activities. 3 April 2009

PS 09-009 School provisions under SEPP (Infrastructure) 2007 To provide further information to Planning Circular PS 09-007 about the recent gazettal of amendments to State Environmental Planning Policy (Infrastructure) 2007 associated with schools. 18 March 2009

PS 09-008 Updated mapping requirements for local environmental plans To advise of the latest revisions to Standard technical requirements for LEP maps and Standard requirements for LEP GIS data 10 March 2009

PS 09–007 SEPP (Infrastructure) Amendment (Schools, Affordable Housing and Metro Rail) 2009 To advise of recent amendments to State Environmental Planning Policy (Infrastructure) 2007. The amendments cover provisions applying to schools, affordable rental housing and the proposed metro rail network. 2 March 2009

PS 09-006 SEPP (Exempt and Complying Development Codes) 2008 - Amendment No. 1 To advise of changes needed to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 since its gazettal that have been addressed in Amendment No. 1 to the policy. 27 February 2009

PS 09-005 Commencement of certain provisions of the EP&A Amendment Act 2008 and EP&A Amendment (Complying Development) Regulation 2009 To advise of the provisions of the Environmental Planning and Assessment Amendment Act 2008 and the Environmental Planning and Assessment Amendment (Complying Development) Regulation 2009 that will commence on 27 February 2009. 20 February 2009

PS 09-004 SEPP (Exempt and Complying Development Codes) 2008 To advise of the commencement of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 on 27 February 2009. 20 February 2009

PS 09-003 - Commencement of provisions - enforcement matters To advise of the provisions of the Environmental Planning and Assessment Amendment Act 2008, Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009, Building Professionals Amendment Act 2008 and the Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 relating to enforcement, which commence on 2 March 2009. 16 February 2009

PS 09-002 - Commencement of provisions - new inspection requirements To advise of the provisions of the Environmental Planning and Assessment Amendment Act 2008, Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009, Building Professionals Amendment Act 2008, Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 and the Strata Schemes legislation relating to new inspection requirements, which commence on 2 March 2009. 16 February 2009

PS 09-001 - Review of local contributions - section 94E Direction To advise councils of a Direction issued under section 94E of the Environmental Planning and Assessment Act 1979 imposing a maximum amount for section 94 development contributions for residential development. 23 January 2009

PS 08-017 - Review of infrastructure contributions
Questions and answers
To provide advice on the implementation of the recent reforms to infrastructure levies. This circular supersedes Planning Circular PS 07-018. 23 December 2008

PS 08-016 Development near rail corridors and busy roads - interim guideline
To advise of the gazettal of the interim guideline Development near rail corridors and busy roads - for the purposes of State Environmental Planning Policy (Infrastructure) 2007.
22 December 2008

PS 08-015 SEPP (Repeal of Concurrences and Referral Provisions) 2008
To advise of the commencement of SEPP (Repeal of Concurrences and Referral Provisions) 2008 on 15 December 2008.
12 December 2008

PS 08-014 Reporting variations to development standards

To remind councils of their responsibilities to complete quarterly returns on variations to development standards and to provide a deadline for such returns before the processing of removing assumed concurrence from the Director-General begins.

14 November 2008

PS 08-013 Consideration of draft EPIs under section 79C of the EP&A Act

To advise consent authorities that certain draft State environmental planning policies, draft regional environmental plan and draft local environmental plans are no longer required to be taken into consideration when determining development applications.

13 November 2008

PS 08-012 Entertainment in pubs, bars, cafes and restaurants Superseded. Replaced by Planning Circular PS 09-028 issued 26 October 2009. 18 December 2008

PS 08-011 Commencement of provisions on 3 November 2008 - accredited bodies corporate To advise of the provisions of the Building Professionals Amendment Act 2008 and the Building Professionals Amendment (Accredited Bodies Corporate) Regulation 2008 that commenced on 3 November 2008 relating to accredited bodies corporate. 3 November 2008

PS 08-010 Commencement of provisions on 3 November 2008 - certain certification matters To advise of provisions of the Environmental Planning and Assessment Amendment Act 2008, Environmental Planning and Assessment Further Amendment Regulation 2008 and Building Professionals Amendment Act 2008 that commenced on 3 November 2008 relating to certain certification matters. 3 November 2008

PS 08-009 Disclosure of political donations and gifts - further information
Provides further information to clarify and supplement Planning Circular PS 08-007 in relation to the Local Government and Planning Legislation Amendment (Political Donations) Act 2008.
3 September 2008;
amended 16 September 2008

PS 08-008 Commencement of further provisions of EP&A Amendment Act 2008
To advise of the commencement of further provisions of the Environmental Planning and Assessment Amendment Act 2008 on 1 September 2008.
22 August 2008

PS 08-007 Disclosure of political donations and gifts
To provides an overview of the new reporting requirements under the planning and local government legislation in relation to political donations and gifts.
21 August 2008;
amended 16 September 2008

PS 08-006 Commencement of certain provisions of EP&A and BP Amendment Acts 2008 To advise of the commencement of certain provisions of the Environmental Planning and Assessment Amendment Act 2008 and Building Professionals Amendment Act 2008 on 1 August 2008. 24 July 2008

PS 08-005 Planning system options for applicants affected by Beechwood Homes To explain to local councils an option for dealing with development applicants who are affected by the collapse of Beechwood Homes. 16 July 2008

PS 08-004 Amendment No. 2 to SEPP 65 - Design Quality of Residential Flat Development To advise councils of State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development (Amendment No. 2). 14 July 2008

PS 08-003 Variations to development standards The purpose of this circular is to remind councils to complete quarterly returns on variations to development standards using SEPP 1 or similar provision. Also to notify councils of arrangements where the Director-General's concurrence may be assumed. 9 May 2008

PS 08-002 State Environmental Planning Policy (Rural Lands) 2008 The purpose of this circular is to explain to local councils to which State Environmental Planning Policy (Rural Lands) 2008 applies the key planning provisions of the policy and the supporting section 117 direction The policy applies to the regional NSW local government areas listed in Attachment A to the circular. 9 May 2008

PS 08-001 State Environmental Planning Policy (Infrastructure) 2007 This circular is to advise councils, State agencies and the public of the key planning provisions under State Environmental Planning Policy (Infrastructure) 2007. 31 January 2008

PS 07-020 - Standard instrument for principal LEPs amendment The purpose of this circular is to advise councils of an amendment to the standard instrument for principal local environmental plans that was gazetted on 14 December 2007. 19 December 2007

PS 07-019 - Certification of draft comprehensive LEPs for public exhibition Superseded. Replaced by Planning Circular PS 09-011 issued 9 April 2009. 30 November 2007

PS 07-018 - Infrastructure contributions Superseded. Replaced by Planning Circular PS 08-017 issued 23 December 2008. 6 November 2007

PS 07-017 Brothels Legislation Amendment Act 2007 This circular is to advise local councils, relevant State agencies and the community of the commencement of the Brothels Legislation Amendment Act 2007. 3 October 2007

PS 07-016 SEPP (Housing for Seniors or People with a Disability) 2004 This circular is to advise councils of the main planning implications of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No. 2). The name of the Principal Policy is now SEPP (Housing for Seniors or People with a Disability) 2004. 28 September 2007

PS 07-015 Review of and subsequent changes to the SEPP (Major Projects) 2005 This circular is to advise local councils, relevant State agencies, industry and the community of the gazettal of some recent amendments to State Environmental Planning Policy (Major Projects) 2005. 27 September 2007

PS07-014 Amendment no. 3 to SEPP 62 - implications for development that may affect oyster aquaculture This circular is to advise coastal councils of the planning implications of State Environmental Planning Policy No. 62—Sustainable Aquaculture (Amendment No. 3), gazetted on 8 December 2006, and the NSW Oyster Industry Sustainable Aquaculture Strategy relating to developments that may affect oyster aquaculture. 22 August 2007

PS07-013 Amendment no. 3 to SEPP 62 - implications for oyster aquaculture development This circular is to advise coastal councils of the planning implications of State Environmental Planning Policy No. 62—Sustainable Aquaculture (Amendment No. 3), gazetted on 8 December 2006, and the NSW Oyster Industry Sustainable Aquaculture Strategy relating to oyster aquaculture development. 22 August 2007

PS07-012 New GIS data requirements for LEPs This circular is to advise councils of the new standard technical requirements for local environmental plan (LEP) GIS data. 11 September 2007

PS07-011 Administration of planning reform fee The purpose of this circular is to update consent authorities about arrangements for the collection and remittance of the fee to be set aside for payment to the Director-General of the Department of Planning (commonly referred to as the Planning Reform Fee) referred to in clause 256A of the Environmental Planning and Assessment Regulation 2000. 23 August 2007

PS07-010 Heads of consideration for the Minister to appoint a planning administrator or panel This circular is to advise of the gazettal of heads of consideration for the exercise of power under section 118 of the Environmental Planning and Assessment Act 1979 to appoint a planning administrator or panel to exercise the functions of a council where there is unsatisfactory performance in dealing with planning and development matters. 1 August 2007

PS07-009 EPLA Act 2006 and EPAA (Miscellaneous) Regulation 2007 This circular is to advise councils, relevant State agencies and the community of the commencement of the remaining provisions of the Environmental Planning Legislation Amendment Act 2006 and associated amendments to the Environmental Planning and Assessment Regulation 2000. 18 July 2007

PS07-008 New section 117 directions This circular is to advise councils of new ministerial directions under section 117(2) of the EP&A Act that commence on 19 July 2007 17 July 2007

PS07-007 New mapping requirements for local environmental plans This circular is to advise councils of the new standard technical requirements for local environmental plan (LEP) maps. 17 April 2007

PS07-006 Implementation of regional strategies - ministerial direction This circular is to advise councils of a new Ministerial Direction under section 117 of the Environmental Planning and Assessment Act 1979 that will give statutory effect to the regional strategies finalised by the NSW Government. 4 April 2007

PS07-005 SEPP (Mining, Petroleum Production and Extractive Industries) 2007 This circular is to advise mining, petroleum production and extractive industries, councils, developers and the community of the gazettal of a policy to regulate mining, petroleum production and extractive industries in NSW. 22 February 2007

PS07-004 Minor amendments to existing use rights This circular is to advise of minor changes to the Environmental Planning and Assessment Regulation 2000 regarding existing use rights. 12 February 2007

PS07-003 New guideline and changes to section 117 direction and EP&A Regulation on flood prone land This circular provides an overview of a new guideline to the Floodplain Development Manual and changes to the Environmental Planning and Assessment Regulation 2000 and section 117 Direction on flood prone land. 31 January 2007

PS07-002 Environmental Planning Legislation Amendment Act 2006 This circular is to advise local councils, relevant State agencies and the community of the commencement of various provisions of the Environmental Planning Legislation Amendment Act 2006. 12 January 2007

PS07-001 Consideration of draft SEPPs under section 79C of the EP&A Act This circular is to advise consent authorities that certain draft State environmental planning policies are no longer required to be taken into consideration when determining development applications. 11 January 2007

PS06-020 Changes to the application of s. 94A of the EP&A Act - ministerial direction This circular is to advise councils and the planning and development industry of recent changes affecting section 94A of the Environmental Planning and Assessment Act 1979. 6 December 2006

PS06-019 Changes to the standard instrument for principal LEPs This circular is to advise councils of recent changes to the standard instrument for principal local environmental plans. 4 September 2006

PS06-018 Approval to install relocatable and flat-pack homes outside a caravan park or MHE The purpose of this circular is to clarify for councils, the housing industry and homebuyers the different approval requirements for the installation of two common types of transportable home on land that is not part of a caravan park or manufactured home estate (MHE). It also clarifies which types of transportable homes require a BASIX Certificate and which do not. 3 October 2006

PS06-017 Performance monitoring of the planning system This circular advises of the new system of data collection on planning and development matters to enable performance monitoring of the planning system by the Department of Planning. 17 July 2006

PS06-016 Commencement and implementation of the EP&A Amendment Act 2006 This circular advises of the commencement and implementation of the Environmental Planning and Assessment Amendment Act 2006, which deals with planning administrators, assessment panels, development corporations, development control plans and contributions plans. The changes took effect from 30 June 2006. 5 July 2006

PS06-015 Spot rezonings Now redundant - see Planning Circular PS 09-015, issued 1 July 2009. 15 June 2006

PS06-014 Minor amendments to LEPs using section 73A

Proforma - Section 73A EP&A Act Submission
This circular provides guidance on the process for amending local environmental plans in accordance with section 73A of the Environmental Planning and Assessment Act 1979. Note: Currently under review. 12 July 2006

PS06-013 Local environmental studies Now redundant - see Planning Circular PS 09-015, issued 1 July 2009. 2 May 2006

PS06-012 New transitional arrangements for DCPs This circular is to advise of an amendment to the transitional provisions applying to development control plan requirements, and to confirm previous advice on the implementation of these requirements. 5 May 2006

PS 06-011 Changes to the public notice requirements for planning agreements This circular provides advice on a change to the requirements for public notification of proposed planning agreements under the Environmental Planning and Assessment Regulation 2000. 18 April 2006

PS 06-010 Changes to the EP&A Regulation regarding major project assessments This circular advises of minor changes to the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) in relation to the assessment process for major projects 18 April 2006

PS 06–009 Changes to the land acquisition process for reserved land This circular is to advise councils, relevant State agencies and the community of changes to the Environmental Planning and Assessment Act 1979 regarding the procedure for owner-initiated acquisition of land reserved for public purposes. 27 April 2006

PS 06 - 008 Standard Instrument (Local Environmental Plans) Order 2006 This circular provides an overview of the Standard Instrument (Local Environmental Plans) Order 2006 and its implications for preparing local environmental plans. 03 April 2006

PS 06 - 007 Changes to existing use rights This circular is to advise of changes to the Environmental Planning and Assessment Regulation 2000 regarding existing use rights. 31 March 2006

PS 06-006 Changes to the transitional arrangements for the introduction of new section 117 directions This circular is to advise of changes to the transitional provision in the Environmental Planning and Assessment Regulation 2000 regarding Ministerial directions issued under section 117 of the Environmental Planning and Assessment Act 1979. 17 February 2006

PS 06-005 Local environmental plan review panel

Fact sheet

Instrument of delegation

LEP Pro-forma Evaluation Criteria
This Circular explains the role of the Department’s new LEP Review Panel. It provides advice on new procedures, including the information the Director-General requires from council in notifying the Department (under section 54(4) of the Environmental Planning and Assessment Act 1979) of council’s decision to prepare a draft local environmental plan. The new procedures come into effect on 22 February 2006. Note: Currently under review. 16 February 2006

PS 06-004 Prohibition of retrospective construction certificates and changes concerning compliance certificates
 
This circular is to notify councils, private certifiers, developers and the community that the Environmental Planning and Assessment Act 1979 (EP&A Act) has been amended to make clear that construction certificates for building or subdivision work cannot be issued after work has commenced, and that the obtaining of compliance certificates cannot be made a condition of development consent. The changes take effect from 3 March 2006. 13 February 2006

PS 06-003 State Environmental Planning Policy No. 4—Amendment No. 17 The purpose of this circular is to advise councils, relevant state agencies and industry groups of Amendment No. 17 to State Environmental Planning Policy No. 4 - Development Without Consent and Miscellaneous Exempt and Complying Development (SEPP 4) gazetted on 3 February 2006. 17 February 2006

PS 06-002 Inclusion of Property Vegetation Plans in planning certificates
 
This circular provides advice on changes to the requirements for planning certificates under the Environmental Planning and Assessment Regulation 2000. 10 January 2006.

PS 06-001 Regulation of camping density in primitive camping grounds
 
This Circular provides further information on the Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 in relation to the camping density provisions that apply to land used for primitive camping grounds. The Regulation commenced on 1 September 2005. 10 January 2006.

PS 05-014 State Environmental Planning Policy (Seniors Living) 2004 (Amendment No. 1)
 
This circular is to advise councils, developers and the community of the gazettal of an amendment to the Seniors Living SEPP restricting the form of seniors housing permitted on land adjoining land zoned primarily for urban purposes. 23 December 2005

PS 05–013 - Amendment no. 4 to SEPP 71 – coastal protection
 
This Circular is to advise local councils on the NSW coast that the Minister for Planning has made an amendment to State Environmental Planning Policy No. 71 - Coastal Protection. The councils affected are listed in Schedule 1 of the Circular. 12 December 2005

PS 05–012 - Planning implications of the extension of the NSW Coastal Zone
 
This Circular is to advise councils in the greater metropolitan region of the planning implications for their local government area with the extension of land declared to be part of the NSW Coastal Zone. The councils affected are listed in Schedule Reissued
22 November 2005

PS 05–011 - Changes to the arrangements for implementing new requirements for development control plans
 
This circular provides advice on changes to the transitional arrangements for the introduction of new requirements for development control plans. 9 December 2005

PS 05–010 - Requirements for development control plans with the latest planning reforms
 
This circular restates important advice previously provided on the new arrangements for development control. 9 November 2005

CC 05–001 - Department of Planning office contacts and advisory lines
 
The purpose of this circular is to update clients on departmental inquiry services and regional office contacts. 27 October 2005

PS 05-009 - Changes to ministerial directions under section 117 of the EP&A Act
 
This circular provides an overview of the recent changes to ministerial directions about the local environmental plan-making system under section 117 of the Environmental Planning and Assessment Act 1979 30 September 2005

PS 05-008 - Changes to Part 3 and 4 of the EP&A Act
 
This circular advises of the changes to Part 3 and 4 of the Environmental Planning and Assessment Act that commence on 30 September 2005 30 September 2005

PS 05-007 - Commencement of updated regulation for caravan parks and moveable dwellings
 
This Circular is to inform councils, operators and residents of caravan parks, camping grounds and manufactured home estates, government agencies and other interested parties of changes introduced by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. 14 September 2005

PS 05-006 - Commencement Part 3A (Major Projects) of the EP&A Act
 
The purpose of this circular is to notify councils, State government authorities, industry and community interests of the commencement of Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act) on 1 August 2005. 29 July 2005

PS 05-005 - Reports by the Director General under section 69 of the EP&A Act
 
Section 69 Report when using delegation
 
This Circular provides councils with advice on the Director-General's requirements for reporting to the Minister under section 69 of the Environmental Planning and Assessment Act 1979, and clarifies the circumstances under which amending plans may be prepared. 19 August 2005

PS 05-004 - Development contributions practice notes
 
This circular is to advise local councils, other consent authorities, the planning and development industry and the community of new practice notes on the administration of the development contributions system under Division 6 of Part 4 of the Environmental Planning and Assessment Act. 8 July 2005

PS 05-003 - Changes to the development contributions system in NSW
 
This circular provides councils, other consent authorities, the planning and development industry and the community with an overview of the recent changes to the development contributions system under section 94 of the Environmental Planning and Assessment Act. 14 June 2005

PS 05-002 - State significant development
 
The purpose of this circular is to notify councils, state government authorities, industry and community interests of the gazettal of the State environmental planning policy for State significant development on 25 May 2005. 27 May 2005

PS 05-001 - Occupation certificates and conditions of development consent
 
This circular provides councils and other consent authorities, accredited certifiers and applicants with advice on occupation certificates for buildings. 22 April 2005

 

Last Updated 26-Oct-2009