State Environmental Planning Policy (Transport and Infrastructure) 2021 allows schools, TAFE and Universities to obtain approval for developments without requiring Council Development Application approval. The approval process is under Part 5 of the Environmental Planning and Assessment Act 1979 and requires the creation of a document called a Review of Environmental Factors. The following is a brief summary of the process, legislation and requirements for a Part 5 approval.

What is a Part 5 approval?

Educational facilities, due to the nature of student and staff requirements, often require developments to be undertaken on a tight timeframe. If student numbers increase dramatically for the next year, the school requires additional buildings and resources to adapt to the changes and the Council approval process hinders these changes due to long time frames for approval. The NSW Government, to help stimulte growth and the ability to adapt for educational facilities, introduced Part 5 approvals to remove the requirement for Council development application for a variety of types of developments. Rather than obtaining Council approval, the school would be able to prepare a document called a Review of Environmental Factors which would permit the development to be “permissible without consent”. Permissible without consent is different to exempt development, which can be undertaken without formal studies and documentation. Instead the project is required to ensure compliance with the relevant legislation, obtain the relevant documents and ensure that the development will not have a negative impact on the environment (both physical and natural).

What types of development can be achieved through a Part 5 approval?

A variety of development can be undertaken through the Part 5 process as provided below. The types of approval are dependent on the type of educational facility.

Part 5 approvals for Schools

The following is an extract from the SEPP outlining the types of development that can be undertaken for schools:

(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without development consent on land within the boundaries of an existing or approved school—

(a)  construction, operation or maintenance, more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, of—

(i)  a library or an administration building that is not more than 2 storeys high, or

(ii)  a portable classroom (including a modular or prefabricated classroom) that is not more than 2 storeys high, or

(iii)  a permanent classroom that is not more than 2 storeys high to replace an existing portable classroom and that is used for substantially the same purpose as the portable classroom, or

(iv)  a kiosk or shop selling school-related goods to students and staff, such as books, stationery or school uniforms, that is not more than 2 storeys high, or

(v)  a cafeteria or canteen that is not more than 2 storeys high and carried out in accordance with AS 4674—2004, Design, construction and fit-out of food premises, published by Standards Australia on 11 February 2004, or

(vi)  a car park that is not more than 1 storey high,

(b)  minor alterations or additions, such as—

(i)  internal fitouts, or

(ii)  alterations or additions to address work health and safety requirements or to provide access for people with a disability, or

(iii)  alterations or additions to the external facade of a building that do not increase the building envelope (for example, porticos, balcony enclosures or covered walkways),

(c)  restoration, replacement or repair of damaged buildings or structures,

(d)  security measures, including fencing, lighting and security cameras,

(e)  demolition of structures or buildings (unless a State heritage item or local heritage item).

 
Part 5 approvals for TAFE

The following is an extract from the SEPP outlining the types of development that can be undertaken for TAFE:

(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without development consent on land within the boundaries of an existing TAFE establishment—

(a)  construction, operation or maintenance, more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, of—

(i)  a library or an administration building that is not more than 2 storeys high, or

(ii)  a teaching facility (including a classroom or lecture theatre), laboratory, trade facility or training facility that is not more than 2 storeys high, or

(iii)  food and drink premises (other than pubs or bars) to provide for students or staff (or both) that are not more than 2 storeys high and are carried out in accordance with AS 4674—2004, Design, construction and fit-out of food premises, published by Standards Australia on 11 February 2004, or

(iv)  one or more shops for students or staff (or both) that are not more than 2 storeys high, or

(v)  a car park that is not more than 1 storey high, or

(vi)  an environmental facility, including a greenhouse or glass house, that is not more than 2 storeys high, or

(vii)  an information and education facility that is not more than 2 storeys high, or

(viii)  a storage or maintenance facility that is not more than 2 storeys high, or

(ix)  an outdoor learning or play area and associated awnings or canopies,

(b)  minor alterations or additions, such as—

(i)  internal fitouts, structural upgrades, alterations or additions to enable plant or equipment to be installed, or

(ii)  alterations or additions to address work health and safety requirements or to provide access for people with a disability,

(c)  restoration, replacement or repair of damaged buildings or structures,

(d)  demolition of buildings or structures (unless a State heritage item or local heritage item).

Part 5 approvals for Universities

The following is an extract from the SEPP outlining the types of development that can be undertaken for Universities:

(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without development consent on land within the boundaries of an existing university—

(a)  construction, operation or maintenance, more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, of—

(i)  a library or an administration building that is not more than 2 storeys high, or

(ii)  a teaching facility (including a classroom or lecture theatre), laboratory, trade facility or training facility that is not more than 2 storeys high, or

(iii)  an environmental facility, including a greenhouse or glass house, that is not more than 2 storeys high, or

(iv)  an information and education facility that is not more than 2 storeys high, or

(v)  a storage or maintenance facility that is not more than 2 storeys high, or

(vi)  a car park that is not more than 1 storey high, or

(vii)  an outdoor learning or play area and associated awnings or canopies, or

(viii)  a kiosk or shop selling university-related goods to students and staff, such as books, stationery or university merchandise, that is not more than 2 storeys high, or

(ix)  a cafeteria or canteen that is not more than 2 storeys high and carried out in accordance with AS 4674—2004, Design, construction and fit-out of food premises, published by Standards Australia on 11 February 2004,

(b)  minor alterations or additions to a building, such as—

(i)  internal fitouts, structural upgrades, alterations or additions to enable plant or equipment to be installed, or

(ii)  alterations or additions to address work health and safety requirements or to provide access for people with a disability,

(c)  restoration, replacement or repair of damaged buildings or structures,

(d)  demolition of structures or buildings (unless a State heritage item or local heritage item).