NSW Vibrancy Guidelines for Food and Drink Premises Seeking Extended Operating Hours

Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024

Legislative Assembly

Legislative Council

Assent

Share this bill

Effects of this bill

If this bill passes, it means that:

The Planning Secretary can issue vibrancy guidelines to help venues reach their business and cultural potential; they must consult the 24-Hour Economy Commissioner first.
Consent authorities must consider these guidelines when deciding on applications for food and drink premises to operate after 7pm.
This requirement only applies to premises that are not in special entertainment precincts or R1-R5 zones; they must also be at least 500m from residential housing.
The Planning Secretary cannot write guidelines that force an application to be automatically approved or refused.
These rules only apply to applications made after the law starts.

The Debate

What different members said when this bill was debated:

Mark Latham IND

“I contribute to debate on the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024. I congratulate the Minister on introducing the bill. It takes me back to some of the tutorials I had a long time ago on economics where there was no such thing as vibrancy. We studied staid old-fashioned concepts of GDP growth, productivity, capital account and current account.”

Official source →

Cate Faehrmann GRN

“On behalf of The Greens, as our music and night‑time economy spokesperson, I contribute to debate on the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024. The Greens have strong reservations about the bill, including the way it has come to this place and the need for it.”

Official source →

Chris Rath LIB

“I contribute to debate on the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024. I am always happy to stand up in the Chamber to smash the nanny State and take the nimbys head on. I thank the Hon. John Graham and the Minister in the other place for bringing these important reforms before the Parliament today.”

Official source →

Sue Higginson GRN

“I naturally associate myself with everything that my colleague Ms Cate Faehrmann spoke about on the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024. I will raise the way that these provisions are being inserted into the Environmental Planning and Assessment Act.”

Official source →

Jeremy Buckingham LCP

“I support the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024. The bill proposes to amend the Environmental Planning and Assessment Act to require a consent authority to consider vibrancy guidelines to be issued by the secretary of the Department of Planning, Housing and Infrastructure, following consultation with the 24-Hour Economy Commissioner.”

Official source →

Natalie Ward LIB

“I lead for the Coalition in debate on the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 on behalf of the Hon. Scott Farlow. I commend his great management of this as the shadow Minister for Planning and Public Spaces. I also thank him for his excellent advocacy and work on the issue, as well as Will Olive and Sinclair Hill for their great guidance as always.”

Official source →

John Graham ALP

“Once again, it has been a good debate. These are complex issues because so many overlapping layers of regulation are never easy to sift through. I thank members for what was a really informed debate on this important matter. I will make a couple of observations before we move into the Committee stage to deal with the amendments to the bill.”

Official source →

News articles and press releases

Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024

Mr PAUL SCULLY, Minister for Planning and Public Spaces — 2024-05-07

The bill will introduce special provisions to schedule 8 to the Environmental Planning and Assessment Act 1979. The provisions will require a consent authority, when determining an application for extended hours of operation, to have regard to new vibrancy guidelines, to enable venues to achieve their full social, business and cultural potential, particularly as part of the night-time economy. The guidelines will be issued by the planning secretary after consultation with the 24-Hour Economy Commissioner. They will provide for various matters to be considered in determining particular applications for extended trading hours. It is important to note that the vibrancy guidelines will not override all other planning considerations, and they will not lead to applications being automatically approved or refused.