Explanation of Intended Effect: Cultural State Environmental Planning Policy (SEPP)
In 2023, the NSW Government made an election commitment to support music venues, trading hours and outdoor performance through a Cultural SEPP.
This Explanation of Intended Effect (EIE) proposed changes to the planning system to support more creative, hospitality and cultural uses contributing to the 24-hour economy. It builds on changes from the government’s recent Vibrancy Reforms.
The EIE exhibition was open between Friday 15 November 2024 and 7 February 2025. We are now considering all submissions made to help finalise the Cultural SEPP and guidelines.
Explanation of Intended Effect
The changes to planning rules proposed through the EIE were:
Current planning pathways
- Expand the non-refusal standards for different types of entertainment
- Develop new model conditions of consent for entertainment
Events
- Increase development standards for temporary structures used at community events
- Support events at major precincts by enabling more events across new and existing sites
- Support Vivid Sydney with exempt development standards for the temporary light and sound structures
- Allow temporary extended trading hours for unlicensed businesses during special events
- Support events in town halls
Outdoor dining and food trucks
- Investigate providing outdoor music and outdoor dining patron increases using exempt development
- Extend exempt development pathways to make outdoor dining easier at farm gate premises
- Improve provisions for food trucks in residential and conservation zones, and investigate measures for food businesses using shipping containers
Changes to the Business and Industrial Codes in the Codes SEPP
- Allow a change of use in the SP4 enterprise zone
- Development standards to retrofit bike rails and bike lockers in existing buildings
We also sought feedback on 2 new guidelines:
- Guideline for Late Night Hours of Operation for Food and Drink Premises
- Guide to Planning Pathways for Community Events.
The Cultural SEPP will make changes to existing planning instruments once the proposals are finalised. The changes are likely to be made in stages during 2025.