Planning and Environmental Regulation

Question: Discuss about thePlanning and Environmental Regulation. Answer: Environmental Planning Instruments State Environmental Planning Policies (SEPPs) along with Local Environmental Plans (LEPs) together are termed as Environmental Planning Instruments (EPIs). SEPPs and LEPs include policies implemented by state or regional authorities for economic development through industrialization, increment of productivity, providing infrastructures such as highways, affordable housing and parks. It also constitutes creation of jobs through business development, workforce development and real estate development. Management of natural resources as well as land use is also governed by these policies. One need to know EPIs as they specify the development consent required development types and promotes prohibition of certain developments. For developing land in Sydney, EPIs are important as they declare category of development that is going to be taken providing an environmental statement of impact (Planningportal.nsw.gov.au 2017). Being a land developer if you need develop any building, warehouse or units on a block, you have to check initially if it is permissible under relevant EPI standard. You need to obtain a section 149 certificate from your local council in which the development is going to take place or consult with councilors and staffs besides reading business papers from council meetings and check whether the local environmental plan prohibits construction of that building or warehouse under prohibited development. Therefore, a site can be under more than one EPI and hence needs to be found by the developer for obtaining certificates highlighting details of the applicable EPIs. Such planning certificates of section 149 certificates costs around AU$53 and are usually included in contracts for obtaining finance, contracts for sale and to show prospective purchaser regarding potentials of their land usage. Environmental Planning and Assessment Act Assessment of development according to certain criteria that has been laid out by Environmental Planning and Assessment Act. Such criteria are mentioned in part 6 Implementation and enforcement, division 2A orders which specifies 121F development applications are checked for completeness ensuring all relevant information are provided into the application. Basic criteria for the land development application assessment includes establishment of land definition that has been used for proposing the possible list of uses included in scheme of planning. The zone for the site development needs to be established through citing the maps of planning schemes. It is also checked regarding application of overlays for the development site through looking at schemes of plans for maps. Category of development is established through planning schemes, development tables and public notifications as applicable. The development site are inspected and compared against land use controls and schemes of plan ning applied to the use of site development. All these criteria if met by the development application will be assessed accordingly as per Environmental Planning and Assessment Act. Failing to meet one of the criteria will result to rejection of application automatically (Legislation.nsw.gov.au 2017). Exempt or Complying Council might not assess development application because it might be exempt or complying, that means the minor renovations of buildings or works does not require building approval or planning. These developments have a very low development impact and are usually done for commercial, residential and industrial properties. Exempt development refers to the minor developments that can be executed without development application that has a low impact works, which does not require complete assessment of merit by the councils and is possible to be executed rapidly with minimum cost. Few of the examples of exempt development include garden sheds, carports, deck, fences, painting of house and window repair (Planningportal.nsw.gov.au 2017). Complying development refers to the combination of construction and planning combined approval of development in a straightforward manner that is usually determined using fast track assessment methods by private certifiers or councils involves alterations and additions to house, constructing a new dwelling house, demolition of buildings, new industrial buildings and changes of business use (Legislation.nsw.gov.au 2017). Complying and exempt development codes apply to states and do not apply to lands, which is under the application of State Environmental Planning Policy (Kosciuszko National Park- Alpine Resorts) and under the policy of State Environmental Policy (Western Sydney Parklands). The complying and exempt policy also does not apply to land, which is lesser than approximately 18 kilometers from Siding Spring Observatory. State environmental Planning Policy (Exempt and complying development Codes) 2008 does not apply for the purpose of development of the demolition or alteration of a building to which policy of Part 3 of State Environmental Planning Policy (Affordable Rental Housing) apply. Further, for the current purpose, Part 3 is only to be constructed if reference of any sort is related to time relating to the development application lodging was applicable to the time of commencement of development. Greater Sydney Commission Greater Sydney commission is responsible for planning metropolitan with a partnership between local and state government. Greater Sydney commission works in a close proximity with communities and councils locally helping the community to get maximum potential from suburban and neighborhood. The main objectives of greater Sydney commission is promotion of social, environmental and economic considerations contained in protection of the environmental act 1991 and promote alignment of infrastructure by Government that includes decision-making with planning of land use. It also promotes housing supply and includes affordable housing encouraging development resilient and accounting to natural hazards. Greater Sydney Commission also supports improvement of livability, productivity and environmental quality as well as provides increases opportunity for involvement of public and environmental participation planning as well as assessment in the region of Greater Sydney Region (Planningportal.n sw.gov.au 2017). Privacy of Property Complying development involves larger building works, which is bigger than exempt development. Although the development is for the private property and involves land of the individual however, it involves construction of new houses, change of business infrastructure, demolition and alteration of houses. It involves assessment from councils to ensure protection of surroundings during construction periods and life of the complying development. Demolition of buildings involve either destruction with explosives or workers destroying the building by force which if not assessed by certified expert or council might cause harm and environmental degeneration. Further construction of new houses and new industrial structures involves checking for the environmental impacts it is going to have which requires governmental certification and assessment. References Legislation.nsw.gov.au, 2017. Environmental Planning and Assessment Act 1979 No 203, [online] Available at: https://www.legislation.nsw.gov.au/#/view/act/1979/203 [Accessed 18 Apr. 2017] Planningportal.nsw.gov.au, 2017. Planning and Environment, [online] Available at: https://www.planningportal.nsw.gov.au/ [Accessed 18 Apr. 2017]