Cumberland Plain Conservation Plan – Planning Enhancements

The NSW Minister for the Environment and NSW Minister for Planning and Public Spaces jointly announced the Cumberland Plain Conservation Plan enhancements package in March 2024. These enhancements to the Cumberland Plain Conservation Plan (CPCP) strengthen environmental protections while retaining certainty for local residents and allowing business to invest with confidence. In accordance with this announcement, the Department is proposing to amend the CPCP Mitigation Measures Guideline (MMG) to provide precinct planning level guidance on protecting native vegetation, and to publish draft Design Guidelines for Koala Exclusion Fencing. 

The Department is proposing some additional changes in response to recommendations from a post implementation review of the CPCP planning controls, feedback from councils and stakeholders, and the advice of the NSW Office of the Chief Scientist and Engineer.

The Department is proposing to amend the MMG to provide further guidance at a precinct planning level, including on the benefits of co-location of open space and parks with existing vegetation on certified urban capable land.

The proposed improvements to the MMG include:

• scaling the application of the mitigation measures 
• enhancing the useability of the document and providing more guidance to applicants and councils 
• linking to requirements under the Design Guidelines for Koala Exclusion Fencing (once finalised), and requiring justification of any inconsistency
• amending the document so that it applies to all certified urban capable land – which will necessitate complementary removal of duplicative clauses from the state-led development control plans. 

Once the updated MMG is finalised, Ministerial Direction 3.6 will  be amended to give effect to the new guidance in “Part 1 Strategic Planning” of the updated MMG. 

Further information on the proposed changes can be found in here. 

The Department has been working closely with the NSW Department of Climate Change, Energy, the Environment and Water (DCCEEW) as the State regulator of the CPCP to ensure that the proposed changes are compliant with biodiversity certification and enhance the biodiversity outcomes of the CPCP. 

The public exhibition of the draft updated MMG is an opportunity for the community to have their say on the proposed changes. 

The proposed changes do not affect the approval process for development on certified urban capable land. A DA on certified urban capable land still needs to consider the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (B&C SEPP) and address the requirements of the MMG. Minor changes have been made to clarify mitigation measures, ensure consistency with the CPCP biodiversity approvals, improve ease of implementation and ensure consistency with the Design Guidelines for Koala Exclusion Fencing (once finalised). For further details on changes made to the MMG you can refer to the Summary of proposed changes to the MMG.

The updated MMG introduces a new scale that can be used to determine what measures need to be considered for development. Your council, as the relevant consent authority in most cases, will be able to provide further advice on which mitigation measures apply to your development.

No additional protections have been added for existing vegetation on certified urban capable land. The proposed MMG clarifies the application of some mitigation measures in response to feedback from councils and DCCEEW. 

Additionally, the MMG introduces guidance to better recognise the benefits of co-locating open space and parks with existing vegetation to reduce urban heat effects and support more liveable communities.

All biodiversity impacts on certified urban capable land have been assessed and will be offset over the life of the CPCP. Clearing of native vegetation associated with a DA on certified urban capable land will not require further biodiversity approvals under the Biodiversity Conservation Act 2016 (BC Act) and the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), provided it meets the requirements of the MMG.  

The proposed MMG provides further guidance on the benefits of co-locating open space and parks with existing vegetation on certified urban capable land. This additional guidance will assist planners and proponents in designing new precincts. 

Part 1 of the MMG needs to be considered in any strategic planning process (including a planning proposal). A new provision will be introduced into Ministerial Direction 3.6 to give effect to Part 1 of the updated MMG at the rezoning stage.