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Planning & Development

Places of Public Entertainment

The NSW State Government has recently adopted new legislation that will;

  • transfer the provisions governing authorisation of premises conducting public entertainment to the Environmental Planning and Assessment Act 1979 (through amendments to the Environmental Planning and Assessment Regulation 2000 and the State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007 (the SEPP)), and
  • provide for entertainment on certain premises to be "exempt development" or "complying development".

"Exempt development" is entertainment provided on or within temporary structures or tents that does not require any approval from the State Government or Council, such as marquees for backyard parties and similar small scale and low impact proposals. Certain prescribed standards and conditions apply through the SEPP, such as hours of operation and size of structures.

"Complying development" is entertainment provided on comparatively small premises that requires a Complying Development Certificate issued by Council or a private accredited certifier. As with exempt development, certain prescribed development standards and conditions also apply through the SEPP.

An advisory note from the NSW Department of Planning that provides basic details regarding these changes may be found here.

Should you wish to find definitive information on whether any particular premises may comply with the exempt or complying development provisions of the SEPP, the best current sources are either the NSW Department of Planning or the NSW Legislation website.

Premises that are neither exempt or complying development require Council's separate Development Consent in order to conduct entertainment. It is anticipated that the majority of Places of Public Entertainment within Blacktown will require Development Consent.

To lodge a Development Application for Council's consideration, your attention is drawn to the following documents provided for your assistance:

 Development / Construction Application Form

 DA Submisssion Requirements for PoPE

 Existing Fire Safety Measures on Premises