Local Tweed Shire Council land use planning fits within the framework and hierarchy of the broader State and regional planning legislation, plans and policy.
The NSW Environmental Planning and Assessment Act, 1979
is the prevailing State planning legislation, supported by the Environmental Planning and Assessment Regulations 2000
. This Act is currently under review. Further information is available from the Department of Planning under New Planning System
Information on the NSW Department of Planning White Paper Review can be found at NSW Government - Planning White Paper. To view Council's submission on the White Paper see Submissions by Council.
Other Acts of relevance for NSW include the National Parks and Wildlife Act, 1974 , Native Vegetation Act, 2003 , Coastal Protection Act, 1979 , Heritage Act, 1977.
The Acts are supported by NSW State Environmental Planning Policies (SEPPs) and Regional Planning Policies (REPs). SEPPs provide state-wide guidance on a range of development and environmental matters and must be considered when Council prepares a Local Environmental Plan (LEP). An overview of the Legislative Framework is available on the Department of Planning and Infrastructure’s website.
In addition to the Acts and SEPPs there are also a range of State policies and guidelines , including the Planning Practice Notes and Ministerial Section 117 Directions applicable when Council prepares a Local Environmental Plan (LEP).
The high order legislation is supported by a regional planning framework of Strategies and Growth Plans. The Regional Strategies set a clear direction for rapidly growing regions over the longer term.
The Far North Coast Regional Strategy, 2006 guides anticipated population growth within the Far North Coast region, balancing environmental assets, cultural values and the natural resources of the region. The strategy is currently under review.
The Department of Planning’s Policy direction embodied in the Strategy is very clear. Whilst it identifies the boundaries of existing towns and villages as well as future urban release areas that are already identified in approved residential release strategies, the FNCRS does not permit any new release areas east of the Pacific Highway and will only consider “innovative development proposals” west of the highway subject to satisfying the “Sustainability Criteria” provided at Appendix 1 of the Strategy.
This strategy is supported by the Coast Urban Design Guidelines 2009 and the Settlement Planning Guidelines: Mid and Far North Coast 2007.
Joint Regional Planning Panels
The NSW Government's planning reforms, aimed at delivering a more efficient and transparent planning system, include the establishment of Joint Regional Planning Panels (JRPPs). These panels will determine, and provide advice to the Minister, on development proposals of regional significance. They will provide stronger-decision making through greater expertise, independence and local knowledge. The new system for JRRPs commenced on 1 July 2009.
Regional Panels Development Register