1. 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

2. 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

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

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

5. 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

6. 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

7. 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

8. 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

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

10. 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

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

12. 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

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

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

15. 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

16. 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

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

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

19. Late night trading
Feedback – hours

20. 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

21. 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?

23. 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.

24. 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

25. 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

26. 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

27. 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

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

29. Example
Noise precincts
More detail about the DCP approach…

31. Example
Agent of change controls

32. 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

34. 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

35. 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

36. 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

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

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

46. Planning controls for NTE
Questions
Contact
Ben Pechey
Manager Planning Policy
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