Who we are

The diagram below shows the relationship between UrbanGrowth NSW Development Corporation and UrbanGrowth NSW (State Owned Corporation). It is important to understand the legislative and governance arrangements for both.

The UrbanGrowth NSW Development Corporation employs no staff directly. In accordance with section 21 of the Growth Centres (Development Corporations) Act 1974 and with the approval of the Minister for Planning, the Development Corporation can make use of the services of the officers of any government agency (including UrbanGrowth NSW) for the purposes of exercising and discharging its responsibilities, powers, authorities, duties and functions.

A Service Level Agreement exists between UrbanGrowth NSW and the Development Corporation which allows UrbanGrowth NSW to provide services to the Development Corporation. UrbanGrowth NSW is compensated for its time and effort under the Agreement.

UrbanGrowth NSW Development Corporation administers its responsibilities within three designated growth centres: Redfern-Waterloo, Granville and Cooks Cove. The Redfern-Waterloo and Granville precincts are located within project areas within UrbanGrowth NSW (state owned corporation) Major Urban Transformation Portfolio. The Central to Eveleigh Urban Transformation and Transport Program and the Parramatta Road Urban Transformation Program are currently preparing a range of land use and transport plans to facilitate urban renewal in these areas.

Legislative and governance framework

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 (Section7 (1) of the Growth Centres Act).

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 Section7(1).

When the Redfern-Waterloo Authority was dissolved, a number of that entity's 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 Section7(2)(e). This could include, for example, planning powers delegated to it by the Minister from the Environmental Planning and Assessment Act 1979. 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. 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 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)


The 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, and 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.