Critical Review of NSW Coastal Management Framework and Development Control

The report critically analyses the components of the NSW coastal management framework and the main facets for development control within the state. It also provides a brief case study of a case involving aspects of coastal management SEPP. The report discusses the legislative and planning policy arrangements and key aspects for development control within the state.

Critical Review

EXECUTIVE SUMMARY
The current report is being commissioned to critically analyse the components on the
NSW coastal management framework and the main facets for development control within the
state. The report has significantly thrown some light on the legislative and planning policy
arrangements and has also provided a brief case study of a case comprising the features of
coastal management SEPP. In this report, the case of Reysson Pty Ltd was being taken into
consideration which includes the aspects of coastal management SEPP.

CONTENTS
INTRODUCTION......................................................................................................................1
MAIN BODY.............................................................................................................................1
Elements on the NSW coastal management framework........................................................1
Key aspects for development control within the state............................................................1
Legislative and planning policy arrangement.........................................................................2
Case study of a case involving aspects of coastal management SEPP...................................2
CONCLUSION..........................................................................................................................3
REFERENCES...........................................................................................................................4

INTRODUCTION
The New South Wales (NSW) coast is being regarded as one of the most crucial and
significant coats in terms of protecting, conserving as well as development opportunities for
the state. Thus, it is quite essential to critically analyse the components on the NSW coastal
management framework and the main facets for development control within the state. The
report will also throw some light on the legislative and planning policy arrangements and will
provide a brief case study of a case comprising the features of coastal management SEPP.
MAIN BODY
Elements on the NSW coastal management framework
The New South Wales government has set up a contemporary as well as combined
coastal management agenda in order to better prepare the coastal societies for responding to
the current as well as future coastal management issues and prospects. The novel agenda has
a sole objective to have flourishing as well as robust coastal societies existing along with
functioning on a well-maintained coast in present and in near future (Coastal management
framework, 2022). There are different components being included in the NSW coastal
management framework and these are NSW coastal management manual, coastal
management programs, Coastal Management Act 2016 (CM Act), coastal council, coastal
and estuary grants program and State Environmental Planning Policy (Coastal Management)
2018. All these above defined elements help in establishing agenda as well as objects for
coastal management in the New South Wales.
Key aspects for development control within the state
Speaking in relation with the development controls in a local environmental plan in a
council along with the development control plans, it is required to be kept quite simple and
updated with a view to make people comprehend about the development which is allowable
on a site and which is not allowable. Further, councils are in great need to carry out LEP
check at least every five years for assessing whether the local environment plan is matched
with the sole purpose considering any modification in population, strategic plans,
infostructure and many other main pointers (Development Control Plans (DCPs), 2018). This
check might swift some apprises to the local environment plan or it might discover that some
comprehensive appraisal is required. In addition to this, there are almost four hundred
development control programs within NSW which differs meaningfully from one council to
another. Moreover, the government is also planning to set up a standard and online format for
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development control programs drawing on novel model requirements to be equipped by the
department.
Legislative and planning policy arrangement
The Sydney Local Environment Plan 2012 is the main planning act which aims to
offer provisions for land in the Sydney as per the applicable standard. in other words, this act
provides and makes local environmental planning provision for land in the city of Sydney.
There are different policies and legislative arrangements such as alpine resorts, strategic
conservation planning, aboriginal land use planning, advertising signage, education,
buildings, disaster recovery, coastal and marine management, environment and heritage and
many more. All these planning policies and legislations puts people first. In addition to this,
planning policy arrangements are being referred as an important tool which enables the
planning authorities along with the developers to work in collaboration with each other for
delivering innovative infrastructural results (Thom, 2022). Furthermore, the planning policy
arrangements can be negotiated at both state and local government level. They are generally
legal arrangements amid the planning authority and developer and are generally negotiated
when the developer is submitting a development application or proposal related to planning.
There are different legislations as well such as Environmental Planning and Assessment Act
1979, Environmental Planning and Assessment Regulation 2000 etc. All these legislations
offer significant legislative framework for planning agreements.
Case study of a case involving aspects of coastal management SEPP
Talking in relation with coastal management State Environmental Planning Policies
(SEPP), it is being executed with the sole objectives of the Coastal Management Act 2016
from the land use planning viewpoint through stipulating the manners in which the proposals
of the development need to be evaluated if they come within the coastal zone. As an example,
the case of Reysson Pty Ltd (Reysson) is being taken into consideration which significantly
involves the aspects of coastal management SEPP. Reysson Pty Ltd pursued judicial review
in the Land and Environment Court of the State Environmental Planning Policy being made
by the Director pursuant to the Environmental Planning and Assessment Act 1979 (Birch and
Reyes, 2018). The company confronted the rationality of the mapping of an area being
determined as the coastal wetlands as well as coastal rainforests area in the Coastal
Management State Environmental Planning Policies because it is connected to the land
owned being owned by the company.
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The case was dismissed by the primary judge. The appeal had three issues. The very
first issue was whether clause 6(1) of the Coastal Management Act 2016 (NSW) confined a
jurisdictional fact which pre-conditioned the working out of the statutory power for
determining land as being within the coastal wetland and coastal rainforest area. Another
issue was related with the nearness area in the coastal management State Environmental
Planning Policies which was being mapped as hundred metre zone was judiciously suitable
plus fulfilled the objectives of the act. Finally, the third issue was related with the managerial
procedural issue and was whether the Governor of NSW required to have respect to or favour
or support the accurate map in the State Environmental Planning Policies (Farid, Awais and
Phibbs, 2022).
Reysson Pty Ltd failed on the grounds of the first issue and the court has found out
that the section 6(1) of the act does not impose a jurisdictional prerequisite to the workout of
power to record any land as fragment of the coastal wetlands and littoral rainforests area.
Even the company failed on the grounds of both second and third issues as the court has
originated that the Coastal Management SEPP was not uneven in any sense and nothing in
the EP & A Act or the Act required the Governor to recognize land as the coastal wetlands
and littoral rainforests area. The appeal was dismissed and the appellant has to pay costs of
the respondent.
CONCLUSION
Thus, from the above evaluation it can be concluded that the report has critically
analysed the components on the NSW coastal management framework and the main facets
for development control within the state.
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REFERENCES
Books and journals
Birch, T. and Reyes, E., 2018. Forty years of coastal zone management (1975–2014):
evolving theory, policy and practice as reflected in scientific research publications,
Ocean Coastal Management.153. pp.1–11.
Farid, K., Awais, U. and Phibbs, P.P., 2022. A tale of two cities: Contemporary urban
planning policy and practice in Greater Sydney, NSW, Australia. Science direct. 123.
p.103583.
Thom, B., 2022. Coastal management and the Australian Government: A personal
perspective. Ocean & Coastal Management. 223. p.106098.
Online references
Coastal management framework. 2022. [Online]. Available through:
<https://www.environment.nsw.gov.au/topics/water/coasts/coastal-management/
framework#:~:text=Coastal%20Management%20Act%202016,-The%20Coastal
%20Management&text=The%20CM%20Act%20defines%20the,coastal
%20environment%20area>. [Accessed on 24thMay 2022].
Development Control Plans (DCPs). 2018. [Online]. Available through:
<https://www.dcaplanning.com.au/post/development-control-plans-dcps>. [Accessed
on 24thMay 2022].
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