2.1 LEPs and SEPPs

2.1.4 State Environmental Planning Policies (SEPPs)

State Environment Planning Policies (SEPPs) are environmental planning instruments which address planning issues within the State.

The practical effect of a SEPP is often to take power away from local councils in order to prohibit certain types of development in an area or to allow certain types of development even where local controls prohibit it. SEPPs often make the Planning Minister the decision-maker (consent authority) for the types of development they relate to.

Click here to view all SEPPs. They will be under ‘S' for State Environmental Planning Policy in EPIs.

2.1.4.1 Examples of SEPPs

Examples of some of the more important SEPPs are described below.

SEPP 1 - Development Standards

This Policy enables the flexible interpretation of development standards in LEPs. For example, if a developer's proposal meets the objectives of an LEP, but not some of the standards set by the LEP, such as the floor space ratio or height restrictions, they can apply for an exemption from those standards (SEPP 1 objection).1

However, the new Standard LEP Instrument now sets out the circumstances when a development standard in an LEP or SEPP can be varied,2 and once a council adopts the new standard LEP, SEPP 1 will cease to apply in that local government area.3 The Planning Department intention is to repeal SEPP 1 once all councils have adopted new LEPs using the Standard Instrument.

SEPP 4 - Development Without Consent and Miscellaneous Exempt and Complying Development

This Policy permits certain development by public authorities without development consent. It also makes minor development which is auxiliary to existing development, such as fences for existing houses, permissible without consent.

SEPP 14 - Coastal Wetlands

This Policy provides additional protection for coastal wetlands by requiring development consent to be obtained before any clearing, draining, filling or construction of levees can take place on a mapped wetland. These developments will also require an environmental impact statement and the concurrence (agreement) of the Director-General of OEH before consent can be granted. See our Fact Sheet on Coastal Protection for more information.

SEPP 26 - Littoral Rainforests

This Policy seeks to protect coastal rainforests (littoral rainforests) by requiring development consent for development in or adjacent to mapped coastal rainforest areas. An environmental impact statement and the concurrence (agreement) of the Director-General of OEH may also be required under this Policy.

SEPP 33 - Hazardous and Offensive Development

This Policy contains additional requirements that must be met before development consent can be granted for hazardous and offensive industries. For example, the developer must carry out a preliminary hazard analysis, and the consent authority must consider additional matters.

SEPP 44 - Koala Habitat Protection

This Policy seeks to protect koala habitat by requiring a plan of management for all developments in core koala habitat, and by encouraging core koala habitat to be included in environment protection zones in LEPs.

SEPP 71 - Coastal Protection

This Policy seeks to protect land in the coastal zone by identifying State significant development in the coastal zone, requiring the referral of certain development applications to carry out development in sensitive coastal locations to the Director-General of DECCW for comment, and requiring some subdivisions in the coastal zone to have master plans.

For more information on SEPP 71, see our Fact Sheet on Coastal Protection.

SEPP (Infrastructure) 2007)

This SEPP repealed 20 other SEPPs3 which largely dealt with category-specific State infrastructure (e.g. prisons, tips, educational facilities), and replaced them with a single, comprehensive SEPP to facilitate the development of State infrastructure. The new Policy deals with a wide range of State infrastructure, such as telecommunications facilities, sewerage works and storm water management, and specifies when development consent is (and is not) required for such development to be carried out in certain zones.

SEPP (Major Development) 2005

This Policy identifies the types of development to which the development assessment and approval process under Part 3A of the EPA Act applies (now repealed). The Policy also makes the Planning Minister the approval authority for these developments.

SEPP (State and Regional Development) 2011

This Policy identifies the types of development to which the development assessment and approval process under Parts 4.1 and 5.1 of the EPA Act applies. The Policy makes the Planning Minister the approval authority for the types of developments defined as SSD and SSI, as well as specific sites defined as SSD and SSI in the SEPP.

2.1.4.2 How are SEPPs made?

Planning Minister makes SEPPS

The Planning Minister makes SEPPs.4 A SEPP can be made where they are ‘for the purpose of environmental planning by the State'.5

Minister chooses whether public consultation is required

There are no mandatory public consultation requirements which must be met before a SEPP is made. The Planning Minister can publicise an explanation of the intended effect of a proposed SEPP, and seek and consider public submissions, but only if the Minister so chooses.6

Consultation with OEH where SEPP affects threatened species

Special consultation procedures apply concerning threatened species. If threatened species, populations, ecological communities or their habitats will or may be adversely affected by the SEPP, then the Director-General of the Department of Planning must consult with the Director-General of OEH.7

1. SEPP 1, cl 3.
2. Standard Instrument—Principal LEP, cl 4.6.
3. Standard Instrument—Principal LEP, cl 1.9.
4. EPA Act, s 37.
5. EPA Act, s 37.
6. EPA Act, s 38.
7. EPA Act, s 34A.

This site was last updated Thursday 17 May, 2012
EDO NSW
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