Explanation of Intended Effect: Cultural State Environmental Planning Policy (SEPP)

In 2023, the NSW Government made a commitment to support music venues, trading hours and outdoor performance through a Cultural SEPP. 

An Explanation of Intended Effect for a Cultural SEPP and two supporting guidelines were made available for public exhibition between 15 November 2024 and 7 February 2025. 

The Department of Planning, Housing and Infrastructure (the Department) has now finalised the Cultural SEPP. 

The introduction of the Cultural SEPP, via amendments to the Exempt and Complying Development Codes SEPP, will encourage more creative, hospitality and cultural activities that contribute to the 24-hour economy. The changes introduced include:

• Expanding the existing exempt development pathway for events and temporary structures on public land to apply to all land owned or controlled by public authorities in NSW. This allows temporary events to be held on these sites without needing development consent – other approvals and permits may be required. The Sydney Opera House and Australian Botanic Gardens Mount Annan are excluded as these sites benefit from bespoke exempt development frameworks.
• Allowing councils to permit unlicensed venues, such as cafés and takeaway outlets, to temporarily trade later as exempt development during a council-declared special event.
• Expanding exempt development outdoor dining rules to include farm gate premises and cellar doors, allowing these venues to offer outdoor dining to patrons.
• Allowing food and drink premises with approved outdoor dining areas on private land or at registered clubs to increase their patron capacity without needing to modify the maximum patron capacity in their development consent. These increases are permitted as exempt development and allow:
  • A 20% increase if the approved capacity is up to 100 patrons
  • A 15% increase if the approved capacity is greater than 100 patrons, capped at a total of 50 additional patrons
  • A 30% increase if the venue is in a special entertainment precinct, capped at a total of 100 additional patrons
  • Exclusions apply to certain premises and all other requirements and approvals which limit patron capacity still apply, such as a liquor license, or building code and fire safety requirements.
• Allowing a wider range of entertainment to be held at existing premises, both indoors and outdoors, as exempt development in all land-use zones. Entertainment held on rooftops is excluded from this change. 

Additionally, other changes exhibited as part of the Cultural SEPP Explanation of Intended Effect (EIE) have also been finalised. These are:

• Allowing the installation of bicycle racks and lockers at existing premises to be completed as exempt development
• Allowing SP4 Enterprise Zones to be treated as a business zone to allow change of use and internal alterations to be completed as complying development where there is no increase in gross floor area.

The Department has prepared guidelines for the Late Night Operation of Food and Drink Premises (Vibrancy Guidelines). Under Schedule 8 of the Environmental Planning and Assessment Act 1979, consent authorities must consider the Vibrancy Guidelines when assessing an extended trading hours application submitted from 1 November 2025.

The Department is also preparing the Planning Pathways for Community Events Guide (Events Guide). The Events Guide will be published here before the end of 2025.

For more information on how we used your feedback to make these changes, please view the submissions report below. You can also visit Night-time economy on the Department’s website for further information on the Cultural SEPP, including responses to frequently asked questions.

The Department would like to thank all stakeholders who provided feedback on the Cultural SEPP and supporting guidelines during public exhibition.