Minister Anthony Roberts dumps major changes to planning rules after developer concern

Proposed new planning rules were supposed to put beauty and quality at the centre of new developments but the industry said it would put a handbrake on new homes.

A major design policy which would have imposed extra rules on new housing has been scrapped after concerns from developers that the new guidelines were too onerous and would slow down construction of houses.

The Design and Place SEPP (State Environmental Planning Policy) was designed to put “sustainability, resilience, and quality of places at the forefront of development,” but the draft rules met with backlash from developers who warned it would impact investment and slow down the construction of badly needed housing stock.

The new rules would have required apartment blocks to have larger balconies, communal rooftops and criteria for public space that must be met before they are approved.

Certain ventilation rules would also have applied.

The rules, announced by former Planning Minister Rob Stokes last December, were billed as a way to beautify Sydney with better housing developments rather than poorly designed towers. The announcement came after Premier Dominic Perrottet told The Daily Telegraph’s Bradfield Oration that “beauty” should be a central aspect of Sydney developments.

A development in Castlereagh St, Haymarket, in Sydney. Picture: NCA NewsWire/Bianca De Marchi

But the industry had warned the proposed rules would put a handbrake on new homes being built.

Speaking to developers at an industry lunch on Tuesday, Planning Minister Anthony Roberts announced that the government “will not be proceeding with the draft Design and Place SEPP,” reversing his predecessor’s policy.

“You told me that the draft SEPP was too complicated, that it placed too heavy a regulatory burden on building new homes,” he told an Urban Taskforce lunch.

“I also heard you when you told me that the pace of change to the system was creating uncertainty and making the job of delivering housing harder.”

However, Mr Roberts said Building Sustainability Index standards (BASIX) will still be improved.

“I have asked the department to proceed with BASIX updates to help people build homes that are more comfortable, save people money on their power bills and contribute to our net zero target,” Mr Roberts said.

Planning Minister Anthony Roberts.

“We want to make it easier to build quality, affordable homes – not harder. As I’ve said

before, my focus is on changes that help us pave the way for more homes in liveable

communities,” he said.

The move had mixed reception, with developers welcoming the announcement to scrap the SEPP.

Urban Development Institute of Australia CEO Steve Mann said Mr Roberts’ announcement “is recognition of this Minister’s genuine commitment to improving housing supply and affordability and is a major win for home buyers in NSW”.

However the Planning Institute of Australia said it was a “shame” that the design rules have been scrapped.

“This was a policy that had the potential to lift design standards, ensure more resilient suburbs and create a greater connection between First Nations people and planning,” PIA NSW President Sharon Smith said.