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Changes to the EP&A reg

Important Changes to the EP&A Regulation 2000

The NSW Government recently passed the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020. This amendment introduces requirements for certain planning applications to be made through the NSW Planning Portal and enacts the Premier’s mandate of ePlanning Digital Services.

The Premier’s Mandate

In November 2019 the Premier announced ePlanning Digital Services would become mandatory for certain councils in 2020.

In March 2020, Minister Stokes and Minister Dominello outlined how the mandate would be implemented. Councils and registered certifiers in the Sydney Metropolitan, Illawarra, Central Coast and Newcastle areas are to commence using the ePlanning Digital Services from 1 July 2020, and are to process 100% of planning applications this way from 31 December 2020.

More recently, six regional councils and the registered certifiers in these Local Government Areas were added to this list as part of the Department’s response to COVID-19. These regions include Coffs Harbour, Maitland, Mid-Coast, Port Macquarie-Hastings, Port Stephens and Tweed Shire.

The remaining 80 regional councils, and registered certifers in those local government areas, are to commence using the ePlanning Digital Services from 1 January 2021, and are to process 100% of planning applications this way from 1 July 2021.

Changes to the Regulation

The implementation of the Premier’s mandate required amendments to the EP&A Regulation 2000. These amendments make the use of the Portal mandatory for the lodgement of certain planning applications (in particular, development applications including modifications, applications for complying development certificates (CDCs) and for certificates under Part 6 of the EP&A Act), the assessment of those applications, as well as the issue of any relevant consents, CDCs and certificates.

Read the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020 here.

The NSW Government is committed to delivering effective, efficient and transparent planning services through the NSW Planning Portal and the current ePlanning Program proposes to further drive the digital transformation of all planning services by implementing an expanded digital services platform. The use of the Portal in this manner will make it easier for the public and government agencies to interact with each other and the planning system.

Implementation of the Premier’s Mandate

The following list shows which councils are to commence use of ePlanning Digital Services under the Premier’s mandate. This means registered certifiers in those local government areas are also included in the mandate.

Councils using ePlanning Digital Services to process all DAs, CDCs and Post-Consent Certificates since 31 December 2020
Bayside Council Hawkesbury City Council Port Stephens Council
Blacktown City Council Hornsby Shire Council Randwick City Council
Blue Mountains City Council Hunter's Hill Council Shellharbour City Council
Burwood Council Inner West Council Shoalhaven City Council
Camden Council Kiama Municipal Council Strathfield Council
Campbelltown City Council Ku-ring-gai Council Sutherland Shire Council
City of Canada Bay Council Lake Macquarie City Council The Hills Shire Council
Canterbury-Bankstown Council Lane Cove Council Tweed Shire Council
Central Coast Council Liverpool City Council Waverley Council
Cessnock City Council Maitland City Council Wingecarribee Shire Council
City of Parramatta Council Mid-Coast Council Willoughby City Council
City of Ryde Council Mosman Council Woollahra Municipal Council
City of Sydney Newcastle City Council Wollondilly Shire Council
Coffs Harbour City Council North Sydney Council Wollongong City Council
Cumberland City Council Northern Beaches Council  
Fairfield City Council Penrith City Council  
Georges River Council Port Macquarie-Hastings Council  

*Please note, some councils are already using these services, and the Online Concurrence and Referral Service is mandatory for all NSW Councils.