NTE Masterclass planning controls for the night time economy 20 November 2017 Ben Pechey Manager Planning Policy Good afternoon councillors, my name is Ben Pechey, I run one of the strategic planning teams here in council A number of us across council have been working on potential changes to planning controls to support culture and our night time economy I’ll be talking to you about a discussion paper and consultation for those changes

Planning controls for the NTE Opportunities and ideas for aligning a vision for the night time economy with the LEP and DCP review Firstly, we’re proposing to give shops and local businesses in our high streets and in the city centre the choice to extend their trading hours to 7am to 10pm without an approval Typically businesses apply for standard hours, say 8 to 6pm and then need to come back to council to change their approval We’ll remove the need for an approval and it will apply to existing shops and businesses regardless of their approved hours This exemption from approval will apply to… …Shops such as grocery stores, clothing stores, bookshops, pharmacies and hardware stores, and … Businesses such as hairdressers, dry cleaners, travel agents and banks and it will be apply in the City Centre and high streets such as King St, Newtown, Glebe Point Road, Oxford St, Redfern St and others We’ll be asking for people’s feedback on the proposal including the areas, times and uses

Planning controls for the NTE Outline Why now? What can we do? How do we get it done?

Planning controls for the NTE Outcomes Planning tools available Purpose, pros and cons of each Developing planning policy Others?

Planning controls for the NTE Why now? The Act and the Regional Plan LSPS and LEP/DCP reviews Opportunity for conversations Opportunity for the Why Sentiment is changing Removing approvals for existing businesses and shops trading later won’t make shops open later In talking with businesses we know they’re concerned about whether they will have customers and the additional costs We need to simultaneously businesses to open and customers to visit evening retail areas This action is about marketing evening retail precincts to customers …and supporting businesses in their evening retail offering

What can we do? Our plans identified opportunities to improve the way we plan for cultural and night time activity We’ve developed possible changes to our planning controls We’re looking to create a more diverse night time economy by making it easier for businesses to open later We’re supporting small scale cultural uses with easier approvals and controls for better guidance We’re creating a fairer approach to managing noise from live music These proposals build on consultation and actions from our strategic plans now we want community and industry input before we start the formal processes of making planning controls This is important as we’re leading on these sorts of changes in NSW To do that we’ve prepared a discussion paper and have developed a consultation approach This afternoon I’ll take you through the proposals, our consultation and next steps Then you’ll be receiving a report asking you to approve the discussion paper for consultation

Planning controls for NTE What can we do? What planning tools do we have? What rules do we have? Get a list, write on board/screen – add to list to cover: Exempt Complying Zoning and land use Density and height Local provisions – LEP Planning agreements Character statements Noise Trading hours (reviewable conditions/trial periods) Patron numbers Plan of management requirements The signal Differences and variations – place, type, size, time Guidance – ancillary uses, submission requirements, methodologies, standard solutions Processes, decisions, expertise

Planning controls for NTE What can we do? Exempt Complying Zoning Density and height Local provisions – LEP Character statements Noise Trading hours (reviewable conditions/trial periods) Patron numbers Plan of management requirements Encourage or “signal” Differences and variations – place, type, size, time Guidance – ancillary uses, submission requirements, methodologies, standard solutions Processes, decisions, expertise Get a list, write on board/screen – add to list to cover: Exempt Complying Zoning and land use Density and height Local provisions – LEP Planning agreements Character statements Noise Trading hours (reviewable conditions/trial periods) Patron numbers Plan of management requirements The signal Differences and variations – place, type, size, time Guidance – ancillary uses, submission requirements, methodologies, standard solutions Processes, decisions, expertise

Planning controls for NTE How does planning affect the NTE? Who’s in the night time economy? What’s their experience?

Planning controls for NTE How does planning affect the NTE? Framework for making decisions Create opportunity Don’t make anything happen Rules - certainty vs flexibility/opportunity Expectations Easier or harder to do something – risk, clarity, certainty Only ever part of the solution Relative restraint Navigating the system Compliance need to see the problem from others point of view planning controls are not the outcome, just a process for decision making

Tables Choose an example Apply a control How can it help or hinder? Pros and cons? Tables

How do we do it? If a cultural event doesn’t meet the minimal impact criteria it can still happen, but there needs to be an assessment We’ll prepare planning controls tailored to those issues and uses and provide better guidance and greater certainty Importantly these controls will put forward some standard solutions that will help applicants get their building approvals …this will also assist people to choose the right types of buildings …so minimal, if any works need to be done to make them suitable The suggested controls relate to size, hours, noise and building compliance We’ll be asking for further input on what guidance is needed in the planning controls

Planning controls for the NTE Start with the why Have a reason If it’s not there – find it Strategy or vision

review 10 years since controls were prepared Nightlife has changed Population has changed New laws Open Sydney and Creative City strategies review

Late night trading Open Sydney Goal 3: Diverse Sydney ‘Truly great global cities have excellent choices for all lifestyles, age, cultures and family types.’ Action 3.1.1 Encourage non-alcohol based business to trade later Action 3.1.2 Promote later trading cultural venues and creative spaces Action 3.2.2 Encourage a more dispersed night time economy Encourage appropriate night time economy growth in new areas

Planning controls for the NTE Design thinking Empathise Define Ideate Prototype Test Overall process – iterative, collaborative, creative, focus resources Don’t be afraid to jump back to any step

Design thinking for planning Empathise Understand the problem the place, the people, the process consultation strategies

consultation Online survey Representative phone survey Pop-up events Mobile survey app Discussion guides consultation

Late night trading Feedback – hours

Live music taskforce and action plan Example Live music taskforce and action plan Unreasonably difficult or unsuitable DA process Unclear responses and management of noise Inconsistent and overlapping laws and agencies creates uncertainty Low awareness: within industry about planning within government about sector

Design thinking for planning Define Define the problem so we’re solving the right thing Define an objective – not planning controls, what do we want to do for business, community etc Where does the problem lie: rule, process, interpretation Are they planning problems?

Protection of the Environment Operations Act Example Regulatory framework – three Acts Protection of the Environment Operations Act Pollution control Offensive noise Councils, police, individuals Notices and orders Operational Liquor Act Supply of alcohol Licensed premises Liquor and Gaming NSW, police Impose and amend conditions Compliance Planning Act Social, environmental, economic impacts Make and implement policy Range of issues Assessment and impose conditions The legislation that we have to mange noise is complicated and it’s largely under the NSW Government’s control, but we have a role in carrying out the legislation. There are 3 acts which deal with noise and they’re not necessarily aligned. The protection of the environment act primarily controls pollution in NSW. The key part for us defines ‘offensive noise’ and we’re responsible for responding to local offensive noise issues and complaints. And that is by issuing notices and orders to address noise. Police, environmental protection authority and individuals also have a role under the Act. For us, the Act focuses on the operation of premises and not proposals. The liquor act only deals with licensed premises. Liquor and Gaming NSW can apply noise conditions to licensed premises and also undertake compliance. The planning act is the one we have most control over and can make and implement our own policies. However, we’re looking at a much broader range of issues than just noise and that throws up it’s own complexities.

Design thinking for planning Ideate What could we do? Develop ideas Everything on the table Don’t worry about why not What are others doing? – adapt

Example Agent of change San Francisco and Melbourne: agent of change 100m/50m buffers Brisbane: Fortitude Valley Precinct Berlin: construction standards and design strategies San Francisco Entertainment Commission These issues and approaches are also seen in other cities Melbourne and SF… Brisbane has bespoke noise controls – sets a standard requirement for all venues in Fortitude Valley New residential needs to address noise through improved façade design Removed the overlap with licensing laws They are spend time communicating to incoming residents what the noise in the precinct is like Berlin… / Entertainment noise

Example Precincts Active Passive New Precincts Caps noise levels Limits the amount of additional noise residents can be exposed to Allows additional noise, but only up to a certain level Fixed internal criteria Relative external criteria Tailored criteria High streets and adjacent areas; Central Sydney; non-residential zones; busy roads Residential areas Master planned areas Recognises active areas Protects characteristically quiet areas New built for purpose environments More detail about the DCP approach… / Insert footer

Example Live music precincts Music industry expectations Fortitude Valley example Needs certain conditions Future renewal areas Live music precincts are a preferred industry solution to encourage growth in the industry They work by identifying areas where additional noise can be created without causing nuisance to residents. They require that either residents are well separated from the entertainment noise. Or that all venues can be built to contain entertainment noise, and all residential buildings designed to keep the noise out. This is only possible in renewal or masterplanned areas The discussion paper commits us to taking this approach in all future renewal precincts

Design thinking for planning Prototype Flow charts Story boards Plain English controls Build the story

Example Noise precincts More detail about the DCP approach…

Example Agent of change controls

Design thinking for planning Test How does the applicant, the planner and community do it? Test with DAs Consult Tell a story – do people listen and understand

Planning controls for the NTE Communication How does the applicant, the planner and community do it? Test with DAs Consult Tell a story – do people listen and understand

A diverse evening economy More small scale cultural uses Entertainment noise Approval pathways Planning controls Compliance approach Guidance Our plans identified opportunities to improve the way we plan for cultural and night time activity We’ve developed possible changes to our planning controls We’re looking to create a more diverse night time economy by making it easier for businesses to open later We’re supporting small scale cultural uses with easier approvals and controls for better guidance We’re creating a fairer approach to managing noise from live music These proposals build on consultation and actions from our strategic plans now we want community and industry input before we start the formal processes of making planning controls This is important as we’re leading on these sorts of changes in NSW To do that we’ve prepared a discussion paper and have developed a consultation approach This afternoon I’ll take you through the proposals, our consultation and next steps Then you’ll be receiving a report asking you to approve the discussion paper for consultation

New noise sensitive development The agent of change will be applied to all new venues But also new residential and noise sensitive development within a certain distance of an existing venue We’re suggesting this distance should be 100m but it’s open to feedback The developer of the new residential building will have to undertake an acoustic assessment… …and design and construct the building to protect the new residents from sound of an existing venue

New noise sensitive development The controls will require the new residential building to be designed and built to meet a noise level inside the dwelling… This will be set to avoid annoyance in the evening and reduce the likelihood of sleep disturbance at night The developer will need to show how this internal level is met through the building’s design and construction – these measures will be set in place through the consent

New noise sensitive development The controls will require the new residential building to be designed and built to meet a noise level inside the dwelling… This will be set to avoid annoyance in the evening and reduce the likelihood of sleep disturbance at night The developer will need to show how this internal level is met through the building’s design and construction – these measures will be set in place through the consent

New noise sensitive development The controls will require the new residential building to be designed and built to meet a noise level inside the dwelling… This will be set to avoid annoyance in the evening and reduce the likelihood of sleep disturbance at night The developer will need to show how this internal level is met through the building’s design and construction – these measures will be set in place through the consent

New venue A new venue will have to build and operate so that the sound does not exceed an acceptable noise level at the boundary of the closest residential building This noise level is relative to the background noise in the neighborhood and the distance to the residential The key change will be to convert the relative level to a fixed level This will allow the venue to make a fixed amount of sound regardless of background noise change or residential being built nearby In addition, we’ll also set a fixed internal monitoring level so it’s easy for the venue to check if they’re complying This will give venues much greater certainty about their operations – as this level will also flow through to our compliance processes

New venue A new venue will have to build and operate so that the sound does not exceed an acceptable noise level at the boundary of the closest residential building This noise level is relative to the background noise in the neighborhood and the distance to the residential The key change will be to convert the relative level to a fixed level This will allow the venue to make a fixed amount of sound regardless of background noise change or residential being built nearby In addition, we’ll also set a fixed internal monitoring level so it’s easy for the venue to check if they’re complying This will give venues much greater certainty about their operations – as this level will also flow through to our compliance processes

New venue A new venue will have to build and operate so that the sound does not exceed an acceptable noise level at the boundary of the closest residential building This noise level is relative to the background noise in the neighborhood and the distance to the residential The key change will be to convert the relative level to a fixed level This will allow the venue to make a fixed amount of sound regardless of background noise change or residential being built nearby In addition, we’ll also set a fixed internal monitoring level so it’s easy for the venue to check if they’re complying This will give venues much greater certainty about their operations – as this level will also flow through to our compliance processes

New venue A new venue will have to build and operate so that the sound does not exceed an acceptable noise level at the boundary of the closest residential building This noise level is relative to the background noise in the neighborhood and the distance to the residential The key change will be to convert the relative level to a fixed level This will allow the venue to make a fixed amount of sound regardless of background noise change or residential being built nearby In addition, we’ll also set a fixed internal monitoring level so it’s easy for the venue to check if they’re complying This will give venues much greater certainty about their operations – as this level will also flow through to our compliance processes

New venue A new venue will have to build and operate so that the sound does not exceed an acceptable noise level at the boundary of the closest residential building This noise level is relative to the background noise in the neighborhood and the distance to the residential The key change will be to convert the relative level to a fixed level This will allow the venue to make a fixed amount of sound regardless of background noise change or residential being built nearby In addition, we’ll also set a fixed internal monitoring level so it’s easy for the venue to check if they’re complying This will give venues much greater certainty about their operations – as this level will also flow through to our compliance processes

Planning controls for the NTE Summary Right planning leavers for the problem Policy process – design thinking Communication and telling a story

Planning controls for NTE Questions Contact Ben Pechey Manager Planning Policy 9265 9570 bpechey@cityofsydney.nsw.gov.au cityofsydney.nsw.gov.au/council/your-say/open-creative-city-planning-culture-night- time-economy cityofsydney.nsw.gov.au/council/your-say/late-night-trading-sydney We still have quite some way to go with this After we get feedback on the discussion paper we’ll need to draft planning controls …then go through the formal plan making process, which includes NSW Government approvals and further exhibition Ultimately this work is likely to take us to late 2018 if all goes according to plan