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NSW Eases Planning Rules To Allow Outdoor Performances Without Development Applications

The reforms follow a Productivity Commission finding that lengthy, costly development approvals curb late trading.

Overview

  • From Saturday, venues across NSW can host live music, comedy, theatre and book readings outdoors in all zones without a development application if they meet new limits.
  • Performances must start after midday, run no more than twice a week, and finish by 8pm in residential zones, 10pm next to residential areas, or midnight elsewhere.
  • Outdoor dining capacity can increase without planning approval by up to 20% for venues approved for 100 patrons, 15% or 50 patrons for larger venues, and up to 30% with a cap of 100 extra patrons in special entertainment precincts.
  • Councils can declare special events that permit unlicensed shops and cafes to trade until midnight, and street fairs and community festivals on public land are treated as exempt development.
  • The government says liquor licence, building code and fire safety limits still apply, and planning leaders have welcomed the cut to duplicative approvals.