Comprehensive Report: Regulation 7 on Environment and Land Planning

This report provides a comprehensive overview of Regulation 7, focusing on environmental and land regulation within the context of New South Wales, Australia, with a particular emphasis on Sydney. It details the role of environmental planning instruments, including local and state environmental planning policies, and their function in regulating development through standards, land reservation, and environmental protection. The report explores the significance of local councils in assessing and approving development plans according to environmental planning standards and guidelines, and the distinction between environmental planning instruments and development control plans. Key concepts such as principal development standards, zoning tables, and the role of the Greater Sydney Commission are examined, highlighting their influence on land use, urban development, and the planning process. Furthermore, the report elucidates the concepts of exempt and complying development, outlining the processes for assessment and approval. The assessment of development on private property and the role of local authorities in minimizing environmental damage is also discussed, emphasizing the legal requirements for compliance with environmental and planning standards.

ENVIRONMENT AND LAND REGULATION
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Regulation 1
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Regulation 2
1
Notably, environmental planning instruments are either local or state environmental
planning policies. Through these planning instruments, the state and local government agencies
are able to regulate development plans through formulation of development standards, land
reservation and protection of eco system and the environment (NSW Government n.d).It is the
mandate of local councils to assess and approve developmental plans according to the council
environmental planning standards and guidelines .In addition,environmental plans are very
crucial in managing the relationship between the development and developmental plans.
Whereas development control plans are specific in nature, environmental planning instruments
take a more general standard nature.
Primarily, development control plans are specific and comprehensive guidelines based on
the locality(Tamsworthn.d).Also, under development control plans, there is a comprehensive
guideline on the development design and the planning process .The importance of development
control plans lie in the fact that they help identify other controls for the specific development
plan at the council level.It is imperative that all inhabitants be aware of the environmental
instruments in their localities due to the fact that there are legal requirements for some of the
developments they might want to put up. As a requirement of law, inhabitants ought to be aware
of their environmental obligations when it comes to planning and development.
2
Principal development standard in the local environmental plan imply those standards
which the council consider most important for any prospective development application.The

Regulation 3
principal standards are those standards that if not followed by a proposed development plan, the
council will automatically reject the application. Principal standards cannot be compromised and
ought to be inclusive in all approved development plans .In the case of zoning table ,the council
determines what different types of developments can be put under residential property. Under the
different zones tables, there are permitted acts of development and non-permitted acts of
development. This zoning tables guide the actions of residential and non-residential development
structures to ensure compliance with the local authorities’ guidelines and regulations.
Through the zoning tables, the local authorities are able to control the use of land in their
respective localities. Usually, zoning tables differ from one local authority to the other based on
the special circumstances of that area. Also, through the zone tables, local authorities are able to
control urban developments through their zoning requirements. Zoning gets to control what
private land owners do with their land. Essentially, zoning is a tool used by councils to segregate
land uses thereby dictating what can be done and what cannot be done within a given local
authority.
3
Primarily, each states has its own ‘exempt standards. Particularly, “exempt” applications
could be in terms of development or building approval .Moreover, for any development to be
considered “exempt” it has to meet different standards due to the lack of universality of ‘exempt’
standards. Under environmental planning,there are some environmental development that require
approval either from the state or local authorities. In the event of an ‘exempt”, primarily it means
that the development plan requires no council approval for its commencement(City of Sidney
n.d).Usually exempt development applies to minor development plans. However complying
development requires assessment and approval from the respective council.

Regulation 4
Complying’ refers to development which have minimal impact on the
environment .Usually, complying development are assessed based on predetermined standards of
a given locality(Singleton N.d).For an application to be considered to “comply’ it means that the
application is a combination of planning and construction approval. Usually, a “complying”
development is a type of fast tracked assessment by the local council authorities .For complying
developments, approvals are given for both residential and industrial types of development. To
find out whether your development plan is “exempt” or “complying”, it is imperative to visit the
local council offices with a copy of the development to confirm the status of their application.
4
Primarily, the Greater Sydney Commission was put in place to regulate the growth of the
various districts (Greater Sydney commission, n .d).The commission has the mandate to roll out
district plans for 5 districts. The district plans are meant to connect regional planning and local
planning. In addition,through the district plans, local authorities such as councils are able to
better plan for growth. Also, the district plans are meant to help local authorities to condition
their local planning initiatives and implementation to place-based results. Generally, district
plans are meant to guide the planning development process at the local level.
Also, the commission is tasked with helping to achieve the forty year vision plan (Greater
Sydney commissionn. d.).This oversight role of the Greater Sydney Commission gives it powers
in influencing planning at the local level .The district plans are aimed at achieving greater goals
thus its involvement at the local planning level. In the event that local planning strategies conflict
with the district plan, it means the development plan will not be approved. The Greater Sydney

Regulation 5
Commissions sets the development planning standards for Sydney in order to achieve growth
and change. For all local councils in Sydney, the planning strategies are influenced by the
Sydney district plan thus making the commission a final authority on the developmental planning
of future developments within Sydney.
5
Despite being private property, assessment of development on private property is subject
to state and local laws .It is the duty of local authorities (council) to assess private property
developmental plans to minimize the damage on the environment (Yusoff2014).Some private
development plans are likely to harm the environment thus the need for regulation thud it is the
duty of local authorities such as councils to approve development plans that do not adversely
affect the environment. It is the mandate of the council and respective local authorities to ensure
that the developments taking place within their respective council jurisdictions. In addition, some
council environmental plans require that certain developments, they on private or public private
require council assessment and approval thus making the assessment process a legal requirement
rather than an optional private enterprise.
Through assessment of development plans, local authorities are able to determine whether the
development has or is complying with the approved development or construction plan. Through
assessment, local authorities are able to oversee urban planning through its oversight role. Also,
through performance of assessment framework, the progress of the report can be monitored by
the council to ensure compliance with environmental and planning standards .It is crucial that
regular assessment of development plans be done to ensure compliance.

Regulation 6
Reference List
City of Sydney. N .d.When DA is required. [Online]. New South Wales Government.Available at
http://www.cityofsydne y.nsw.gov.au/development/application-guide/when-a-da-is-
required[Accessed 28 Apr 2018]
Greater Sydney Commission. (N .d).What are District plans?[Online].Greater Sydney
commission. Available at https://www.greater.sydney/district-plans[Accessed 28 Apr 2018]
Greater Sydney Commission. (N. d).South District Plan. [Online].Greater Sydney
Commision.Org. Available at https://www.greater.sydney/south-district-plan[Accessed 28 Apr
2018]
Kearney & Brown, M. (2016).Greater Sydney Commission to plan for city’s future. [Online].
ABC News.Available at http://www.abc.net.au/news/2016-11-21/greater-sydney-commission-
unveils-detailed-plan-for-city/8041246[Accessed 28 Apr 2018]
NSW Government. (N. d).What is an ‘environmental planning Instrument (EPI)’’.[Online].
Planning Portal News. Available at https://www.planningportal.nsw.gov.au/node/2057[Accessed
28 Apr 2018]
Singleton. (N. d).Complying Development[Online].Singleton. Available
at<http://www.singleton.nsw.gov.au/index.aspx?NID=575[Accessed 28 Apr 2018]
Tamsworth. (N .d).Development Control Plans. [Online].Tamsworth News .Available at
http://www.tamworth.nsw.gov.au/Planning-and-Development/Plans-and-Strategies/
Development-Control-Plans--DCPs-/Development-Control-Plans/default.aspx[Accessed 28 Apr
2018]

Regulation 7
Yusoff, M.S. (2014).An analysis of local plan for development council at local planning level in
the state of Selangor.[Online].Science direct].Available
athttps://www.sciencedirect.com/science/article/pii/S1877042814055323/pdf?
md5=8e4e93abe2c4009c6c75ac8ff8bf24d0&pid=1-s2.0-S1877042814055323-
main.pdf&_valck=1[Accessed 28 Apr 2018]