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Environmental Law
The NSW Department of Planning and Environment (DPE) has released its draft Land Use and Infrastructure Implementation Plan (Draft Land Use Plan) for the Western Sydney Aerotropolis, inviting comments from the public until 12 October 2018.
This will be of interest to developers and businesses considering expanding into Badgery's Creek, as it sets out the draft roadmap for creation of a greenfields city, including a bespoke planning regime for master planning and approving development.
The Draft Land Use Plan follows the 'Western Sydney City Deal', a 20 year agreement signed in March 2018 between the Commonwealth, NSW and eight local councils to invest in Western Sydney. An 11,200 hectare city is planned around Badgery's Creek with aviation oriented business, high technology industries and residential use. The Draft Land Use Plan leverages off other recent announcements in the region, including the North South Rail Link, which is proposed to link to the new airport and Aerotropolis core, as well as the Outer Sydney Orbital, Western Sydney Freight Line, and a number of announced and proposed growth areas in Western Sydney.
The Draft Land Use Plan envisages the Western Sydney Aerotropolis being developed into a total of nine precincts. Details on the subsequent six precincts will be developed in the second stage of the Land Use Plan, with this Plan dealing with the specifics for the first three precincts:
The Draft Land Use Plan envisages a coordinated approach between local, state and Commonwealth governments. The 'Western Sydney Planning Partnership' (Partnership), comprising the eight Western City District Councils and Blacktown City Council, NSW Government, Greater Sydney Commission, and Australian government, will be responsible for the development of master plans for rezoning the initial and subsequent precincts ("Precinct Plans"). This is in contrast to the usual 'siloed' approach to rezoning, which is usually done at a local government level.
A new Authority will be created through legislation to facilitate infrastructure delivery, similar to the Barangaroo Delivery Authority. This Authority will coordinate development of the nine precincts, and have powers to acquire and consolidate land, plan and coordinate infrastructure development, develop government-owned land (including as JVs with private landowners), and liaise with WSA Co and industry/business.
Map excerpted from the Draft Land Use Plan
A new State Environmental Planning Policy (SEPP) will be created, creating planning pathways for complying, council assessed, and state significant development. This will include zoning for:
The LEP will continue to apply until the partnership rezones a precinct through a precinct plan. It will also be possible for a landowner to "spot rezone" their site through a planning proposal to bring it under the SEPP, if the proposal can satisfy various strategic planning principles. This will involve a gateway planning process, and the governance processes will be modelled on the Unsolicited Proposal Guide 2017.
In parallel to the SEPP, an agricultural and agribusiness precinct with existing agri-business will be recognised in updated provisions of LEPs for Liverpool and Penrith.
"Value sharing mechanisms" for the Aerotropolis will include development contributions, Special Infrastructure Contributions, fixed development consent levies, affordable housing contributions, and voluntary planning agreements, as well as "other" potential value sharing mechanisms that are currently being "explored and developed". The SEPP will include unspecified incentives to encourage future desired land uses.
The intended planning outcomes for the Aerotropolis include:
Submissions are invited to provide feedback until 12 October 2018 which can be submitted at the link below. Please contact Jacinta and Kristyn to discuss the implications and opportunities at the Aerotropolis under the Draft Land Use Plan.
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