DPE Secretary Concurrence for Variations Above 10%

23 February 2018

On Wednesday 21st February 2018, the NSW Department of Planning and Environment (DPE) issued a new planning circular (Ref: PS 18-003) which relates to variations to development standards under Clause 4.6 of any Standard Instrument Local Environmental Plan, or under State Environmental Planning Policy No. 1 – Development Standards.

This circular revokes the previous notice to assume DPE concurrence in the circular PS 17-006 issued 15 December 2017.

In summary, the concurrence of the Secretary of DPE may not be assumed by a delegate of the consent authority:

  • For a variation relating to a minimum lot size control where the variation is greater than 10% and is in the RU1, RU2, RU3, RU4, RU6, R5, E2, E3, E4 Zones or any equivalent zone – this doesn’t apply to State Significant Development (SSD), or Development Applications (DAs) for which the Minister of Planning and Environment is the authority; and
  • For a variation relating to a numerical development standard by more than 10% in any Zone, or any non-numerical development standard in any Zone – this doesn’t apply to SSD, Regional Development (i.e. being determined by a Planning Panel) or DAs for which the minister is the authority.

An IHAP, Planning Panel, District Panel, Planning Assessment Commission Panel or delegate of DPE may assume concurrence of the Secretary of DPE.

In summary, where a variation exceeds 10% or a non-numerical standard, Council must seek the concurrence of the Secretary of DPE prior to determining the DA.

These concurrence arrangements came into effect the day the circular was published (21st February 2018) and apply to all applications made (but not determined) before that day.

If you would like to discuss what this means for your Development Application, please give one of our experienced planners a call to discuss.