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
2. SEPP (Exempt and Complying Development Codes) 2008
3. SEPP (Housing) 2021
4. SEPP (Industry and Employment) 2021
5. SEPP (Planning Systems) 2021
6. SEPP (Precincts – Eastern Harbour City) 2021
7. SEPP (Primary Production) 2021
8. SEPP (Resilience and Hazards) 2021
9. SEPP (Resources and Energy) 2021
10. SEPP (Sustainable Buildings) 2022
11. SEPP (Transport and Infrastructure) 2021

Each of these policies protects or manages different aspects of land use, such as natural habitats, fast-track approvals, housing diversity, employment zones, planning systems, strategic precincts, farming, natural hazards, resources, sustainable building standards, and infrastructure corridors.

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

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.