Legislation

Growth Centres (Development Corporations) Act 1974

A development corporation is charged with the responsibility of promoting, co-ordinating, managing and securing the orderly and economic development of the growth centre of which it is constituted.

Part 3 of the Growth Centres Act outlines the responsibilities, powers, authorities, duties and functions of development corporations. Section 7(2) gives development corporations some more specific powers, authorities, duties and functions without affecting the general responsibilities outlined in Section 7(1).

When the Redfern-Waterloo Authority was dissolved, a number of its residual obligations and responsibilities were 'saved' and transferred to the Growth Centres Act. These included the responsibility to collect Affordable Housing contributions (and other contributions) from new developments in the Redfern-Waterloo precinct and use those funds to provide Affordable Housing and public facilities in the area. These saved obligations and responsibilities are now managed by the Development Corporation.

A development corporation has no inherent planning powers under the Growth Centres Act, however it can be delegated powers, duties and functions from other Acts pursuant to Section 7(2)(e). This could include, for example, planning powers delegated to it by the Minister from the Environmental Planning and Assessment Act 1979. However, no such delegations currently exist.

Environmental Planning and Assessment Act 1979

The Environmental Planning and Assessment Act 1979 (EP&A Act) is the governing legislation for land use planning in NSW.

Any development activities undertaken by the Development Corporation consider the EP&A Act. The Minister for Planning, the Corporation Sole and the Secretary of the Department of Planning and Environment all have the ability to delegate planning powers under the EP&A Act (s23(1)(c1) to the Development Corporation. Those powers could include, for example, the power to grant development consents or other approvals, or the power to make environmental planning instruments. However, no planning powers have been delegated to the Development Corporation to date.

In addition to the EP&A Act itself, there are a number of State Environmental Planning Policies which also impact the Development Corporation's activities. The most significant of these is the State Environmental Planning Policy (SEPP) - Urban Renewal (2010), which applies to the Redfern-Waterloo and Granville Growth Centres.

State Environmental Planning Policy (SEPP) - Urban Renewal (2010)

State Environmental Planning Policy (SEPP) - Urban Renewal 2010 (Urban Renewal SEPP) aims to establish the process for assessing and identifying sites as urban renewal precincts and developing appropriate planning controls for those precincts.

The Secretary of Department of Planning and Environment issues requirements for studies, which determine a precinct's urban renewal suitability and potential. These studies ultimately inform the planning controls developed for the site, following consideration by the Secretary, public exhibition and a determination by the Minister for Planning.

The Urban Renewal SEPP applies to the Redfern-Waterloo Growth Centre and the Granville Growth Centre. The SEPP is also referenced in the Growth Centres Act and is used to define the boundaries of each of these Growth Centres.

In many respects the Department's Priority Precinct process now mirrors those of the Urban Renewal SEPP.

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