NTE Masterclass Up in Lights: Planning for a Vibrant Night Culture 20 November 2018

Agenda 1. Night Time Economy Program 2. Workshop Activities 3. Group Feedback 4. Questions?

Night Time Economy Program

NTE Land Uses Development Assessment Guide The Development Assessment Guide is being drafted to assist entrepreneurs navigate existing planning and other regulatory systems to establish or expand arts, cultural and entertainment venues. The document will simply explain the Development Application (DA) and other related approvals processes for entrepreneurs and proponents who traditionally operate (or wish to operate) within the Night Time Economy. The Guide will not be a static document but will be reviewed and changed as relevant legislation changes.  A workshop to test the guide was held in late July and it is anticipated that it should be released before the end of the year.

NTE Discussion Paper The Department is seeking to prepare a Discussion Paper based upon the findings of the various evening and night time studies and identifying options for change to the planning and other regulatory systems to provide ease in facilitating appropriate land uses that will promote a vital evening and night time economy, including music, arts, culture and entertainment focused businesses.

NTE Planning Studies Various Studies are being undertaken to support the preparation of the NTE Discussion Paper. The Planning Studies include: Night Vision: Planning for a Vibrant NSW After Dark Noise and Conflict: Acoustic Management Strategies Small Arts Venues: Building Codes Review Planning Approvals Pathways: NTE Land Uses Preliminary research undertaken has included a survey of councils to get an appreciation of those council’s that actively promote the NTE and the issues that they face.

Night Vision: Planning for a Vibrant NSW After Dark Night vision is an engagement project that aims to connect with operators (and aspirants) of small-medium sized cultural and arts businesses and consult about their experiences with the planning system through case studies and open discussion.  It is a way for the Department to develop a deeper understanding of planning issues in the cultural-arts space. We have engaged a consultant to. facilitate the project.  The project is programmed to be completed by early next year, and will include workshops with the cultural entrepreneurs.

Noise and Conflict: Acoustic Management Strategies The Department has engaged to undertake a study on sound, including a critical review of planning, regulation and management of the acoustic environment and land-use development interfaces relevant to the Evening and Night Time Economy with the intention of presenting alternate approaches to same, including the "Agent for Change", designated Entertainment Precincts and place based noise control. Arup has provided the first draft of the report and we are looking to finalise this by the end of the year. Of note, in July 2018, the Department surveyed local councils to understand their capabilities and capacity to deal with sound and noise when developing planning policy, development assessment and policing of ‘noise’ related matters, along with existing challenges or actions taken to deal with NTE related activity.

Small Arts Venues: Building Codes Review The Department is undertaking an assessment of the application of the National Code requirements of the Building Code of Australia as it relates to small arts venues in the NSW context with the intent of seeking a variation to facilitate such venues where it involves the use of a Class 6 building and not having to retrospectively upgrade the building to meet Class 9 building codes where they are low impact arts and cultural facilities. We have recently procured a consultant to provide us with advice on building issues. It is anticipated that this will be finalised by early next year.

Planning Approvals Pathways: NTE Land Uses The Department is mapping approval pathways for arts, cultural and entertainment uses associated with the NTE. This work will inform and be informed (in part) by the findings of the building consultant engaged to undertake the Building Codes Review on the Small Arts Venues.

Workshop Activities

Hypothetical Scenarios

Approvals Processes Current Legislative and Policy Context Business Zone Land Use Tables and Standard Instrument LEP Clauses and Definitions Exempt and Complying Development Codes SEPP Schedule 1 of the Environmental Planning and Assessment Regulations   Best Practice NTE Policy and Initiatives State Government Guide for Establishing NTE Uses Individual / Custom NTE Use Fact Sheets Free Council NTE Officer/Duty Planner Advisory Service

Sound Management Current Legislative and Policy Context Environmental Planning and Assessment Act 1979 Protection of the Operation Act 1997 Liquor Act 2007 Strata Schemes Management Act 1996   Best Practice NTE Policy and Initiatives Agent of Change Place Based Planning Approach Planning Certificates

Construction Standards Current Legislative and Policy Context Business Zone Land Use Tables and Standard Instrument LEP Clauses Exempt and Complying Development Codes SEPP Building Code of Australia (Class 6 Shops and Class 9b Place of Public Entertainment) National Construction Standards   Best Practice NTE Policy and Initiatives National Construction Code Variation Pre-approved Spaces Public/Private Partnerships

Approvals Pathways Current Legislative and Policy Context Exempt and Complying Development Codes SEPP Environmental Planning and Assessment Act 1979 Liquor Act 2007   Best Practice NTE Policy and Initiatives Low Impact Arts and Cultural Uses Council Planning Proposal Practice Notes

Group Feedback

Questions?