Understanding the Planning Instruments Section of a NSW Planning Certificate

10 August 2025

When reviewing a Section 10.7 Planning Certificate in New South Wales, one of the first sections you'll encounter is the "Names of Relevant Planning Instruments and Development Control Plans". This section lists all State Environmental Planning Policies (SEPPs) that apply to the land and influence how it can be developed. These planning instruments form the legal foundation for assessing development proposals and must be considered by anyone intending to build, renovate, subdivide, or change land use.

What Are State Environmental Planning Policies (SEPPs)?

SEPPs are state-wide planning policies issued by the NSW Government under the Environmental Planning and Assessment Act 1979. They override local controls where necessary and address matters of state or regional significance. Each SEPP focuses on a different area of planning—such as biodiversity, housing, infrastructure, or employment—and applies to land across multiple local government areas.

SEPPs Commonly Listed in Planning Certificates

The following SEPPs are typically listed on a Planning Certificate and may affect what development is permissible on a property:

  1. SEPP (Biodiversity and Conservation) 2021: Protects natural habitats, biodiversity corridors, and environmentally sensitive areas.
  2. SEPP (Exempt and Complying Development Codes) 2008: Facilitates fast-track approvals (CDC) for low-risk developments like single dwellings, garages, and minor renovations.
  3. SEPP (Housing) 2021: Consolidates policies on housing diversity, affordable rental housing, seniors housing, and low-rise housing codes.
  4. SEPP (Industry and Employment) 2021: Guides planning for industrial and employment lands, including warehousing, logistics, and innovation precincts.
  5. SEPP (Planning Systems) 2021: Provides administrative frameworks and transitional rules for NSW’s planning system.
  6. SEPP (Precincts – Eastern Harbour City) 2021: Applies to strategic precincts in key growth areas, including government-led urban renewal zones.
  7. SEPP (Primary Production) 2021: Regulates land used for farming, agriculture, and rural industries.
  8. SEPP (Resilience and Hazards) 2021: Manages land at risk of natural hazards such as flooding, bushfire, and coastal erosion.
  9. SEPP (Resources and Energy) 2021: Controls development related to mining, energy production, and extractive industries.
  10. SEPP (Sustainable Buildings) 2022: Introduces sustainability and energy efficiency measures for new buildings and major renovations.
  11. SEPP (Transport and Infrastructure) 2021: Facilitates development near rail, road, utilities, and other key infrastructure assets.

Why This Section Matters

Understanding which SEPPs apply to a property helps you:

  • Determine if your proposed development is permitted or restricted
  • Identify flood, bushfire, or biodiversity constraints
  • Access fast-track approval pathways through complying development
  • Align your project with state strategic planning priorities

Even if your development is consistent with local council zoning, state-level planning instruments must also be satisfied.

Frequently Asked Questions (FAQs)

  • Where can I find these SEPPs?
    All SEPPs are available on the NSW Government’s planning portal: https://www.planning.nsw.gov.au
  • Are SEPPs more important than local council rules?
    They apply alongside local rules. In case of conflict, SEPPs often override local controls due to their state-level authority.
  • Can a SEPP restrict development even if the zoning allows it?
    Yes. For example, a property zoned for housing may still be restricted if it's in a flood risk area under SEPP (Resilience and Hazards) 2021.

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Disclaimers

Environmental Disclaimer

The information provided in this article relates to environmental constraints that may affect land use or development. It is general in nature and does not replace detailed site-specific assessments. Always consult with an environmental consultant or local council for up-to-date, location-specific guidance.

Legal Disclaimer

This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer

This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.