State Environmental Planning Policy (Planning Systems) 2021

Executive summary of update

• Effective date: 30 April 2026 This update introduces a new mandatory consultation requirement for development applications concerning places of public worship. Effective 30 April 2026, consent authorities must now provide a copy of such applications to the Commissioner of Police and consult on community safety and crime prevention. The consent authority is required to consider any feedback received within 28 days. The primary intent is to enhance safety and crime prevention considerations for these developments, with the most significant practical consequence being potential extensions to approval timelines and the need for applicants to address police feedback.

Impacted parties

Consent authorities, applicants for development consent for places of public worship, and the Commissioner of Police are most significantly impacted by this update.

Change Analysis

• Thematic Change: New Mandatory Consultation for Places of Public Worship Development Applications

  • What is the new requirement? A new Chapter 5, Section 5.1 has been inserted, mandating that a consent authority must not grant consent to development for places of public worship unless it has provided a copy of the development application to the Commissioner of Police and consulted with them on community safety and crime prevention. The consent authority must consider any comments received from the Commissioner within 28 days. This requirement does not apply to applications to modify a development consent.

  • What was the old rule? (New Obligation) Prior to this update, there was no specific legislative requirement within this policy for consent authorities to consult with the Commissioner of Police regarding development applications for places of public worship concerning community safety or crime prevention.

  • Why does this matter? This change introduces a critical new procedural step in the assessment of development applications for places of public worship. It will likely extend the assessment period due to the mandatory consultation timeframe and requires applicants and consent authorities to proactively consider and address community safety and crime prevention aspects, potentially influencing design, security measures, and operational plans. Failure to comply could lead to delays or refusal of consent.

Corrective and preventive actions

• Legal:
  • Section 5.1: Legal team to update internal development assessment guidelines and checklists to incorporate the new mandatory consultation with the Commissioner of Police for all new development applications for places of public worship.
  • Section 5.1: Legal team to provide training and guidance to planning and project teams on the scope and implications of the new consultation requirements.
• Project Management:
  • Section 5.1: Project managers to revise project schedules for new places of public worship developments to include the 28-day consultation period with the Commissioner of Police.
  • Section 5.1: Project managers to ensure that development application submissions for places of public worship adequately address community safety and crime prevention considerations to facilitate police review.
• Government & Regulatory Affairs:
  • Section 5.1: Government & Regulatory Affairs team to establish formal communication protocols and points of contact with the Commissioner of Police for efficient submission and feedback on relevant development applications.
  • Section 5.1: Government & Regulatory Affairs team to monitor the effectiveness of the new consultation process and identify any areas for improvement or clarification with regulatory bodies.

Risks & opportunities assessment

• Risks:
  • Increased project timelines and potential delays for new development applications for places of public worship due to the mandatory consultation period and the need to integrate police feedback.
  • Potential for additional project costs if design modifications or enhanced security measures are required to address concerns raised by the Commissioner of Police.
  • Risk of development applications being challenged or refused if community safety or crime prevention concerns are not adequately addressed following police consultation.
• Opportunities:
  • Opportunity to enhance the safety and security of places of public worship and their surrounding communities, potentially leading to improved public acceptance and reduced operational risks.
  • Opportunity for early engagement with law enforcement to proactively incorporate crime prevention through environmental design (CPTED) principles into project designs, potentially streamlining later stages of approval.
  • Opportunity to develop specialised advisory services for clients seeking to develop places of public worship, assisting them in navigating the new regulatory landscape and integrating safety considerations effectively.