NSW Government Employment Zones reform - April 2023
The NSW Government has made changes to some standard land use zones in Local Environmental Plans across the state. This predominantly includes a change in zone name from Business (B) or Industrial (IN) zones to Employment (E) zones. There are also associated changes in land uses resulting from merging zones.
The changes are made through:
- amends the Standard Instrument Land Use Zones and definitions
- inserts transitional provisions
- amends the Land Use Zone table and updates references to land use zones.
Blacktown Local Environmental Plan 2015 update
The NSW Government updated Blacktown Local Environmental Plan 2015 on the NSW Legislation Website as of 26 April 2023.
The changes will only apply to the Blacktown Local Environmental Plan 2015 and do not apply to the North West Growth Area or other land in the Blacktown Local Government Area that is not covered by the Blacktown Local Environmental Plan 2015.
The New Land Use Zones
The translation from the former Business and Industrial zones to the new Employment zones in the Blacktown Local Environmental Plan 2015 is shown in the table below.
Further information is available on the NSW Department of Planning and Environment webpage for Employment zones reform,
including:
Planning Certificates
Planning certificates issued by Council as of 26 April 2023 will reflect the new employment zones.
Continuation of development permissibility under savings and transitional provision
The recent amendments inserted new transitional provisions in the Standard Instrument (Local Environmental Plans) Order 2006. This provides that where development is permitted with development consent under a former business or industrial zone, the proposed development continues to be permitted with development consent for a 2-year transitional period until 26 April 2025.
The transitional provisions relate to the lodgement and assessment of a Development Application for a use that had been permissible under the former zone but is no longer permissible under the new zone. A proposal for development under the transitional provisions must first be discussed with Council prior to lodgement of a Development Application.
A land use that already exists on land where the zone has changed can continue to operate under the existing use rights provisions of the Environmental Planning and Assessment Act 1979.