Under proposed changes unlicensed venues would also be free to trade later during special events, and relaxed rules around music performed outdoors introduced through a new Cultural State Environment Planning Policy (SEPP).

To achieve this some outdated planning rules will be reformed to enhance the state’s 24-hour economy and creative industries.

• Outdoor dining and capacity – Currently, exempt development standards do not allow increases to the venue’s patron capacity if they offer outdoor dining. The NSW Government will explore standards to allow for increased capacity as exempt development. 
• Outdoor music – Currently, occasional low impact performances of live music or arts is considered exempt development but only if it is indoors. The proposal enables this to happen outdoors as well and would support businesses to host performances or live music in their outdoor spaces such as beer gardens or bowling greens. 
• Major events – Sites such as White Bay Power Station, the Sydney Opera House and Centennial Parklands could benefit from streamlined approval pathways for events, including making it easier to put up larger stages and temporary structures for major and local community events.
• Extended trading hours for unlicensed premises during special events – Streamlined pathways will be implemented to allow unlicensed premises to temporarily trade later during special events, making sure that premises such as cafes and bookshops can join in on the fun when special events occur.

Communities, councils and industry are now invited to have their say on the Minns Government’s newest vibrancy reforms. 

The exhibition, which will run until 13 December 2024, is an opportunity to provide feedback on plans to support our state’s creative, cultural and hospitality sectors by removing unnecessary restrictions on trade and events. More information available here https://www.planningportal.nsw.gov.au/eie-cultural-sepp

Minister for Music and the Night-time Economy, John Graham said:

“We’re continuing to free up venues and events from over-reaching restrictions and raising the capacity at venues that utilise outdoor dining is another example of this commonsense approach.

“The system has often been difficult for venue operators, event organisers and the general public. The Cultural SEPP is about making the planning system supportive of culture and community, rather than stifling it.

Minister for Planning and Public Spaces Paul Scully said:

“The NSW Government is committed to making NSW a more vibrant place to be. We want NSW to offer a choice of going out destinations for visitors, locals and workers alike.

“These reforms are the next step to reinvigorating our cities, creating more jobs for young people and supporting our economy.

“This Minns Government’s planning reforms are focussed on building vibrant communities and more homes.”

Background

The Cultural SEPP aims to:

• deliver more opportunities for cultural, performance and hospitality uses and venues.
• identify opportunities in the planning system to encourage the establishment and improved use of venues and performance spaces.
• support the ongoing use of existing venues and places for music, performance and culture.
• streamline approval processes to reduce the regulatory burden and associated costs for businesses and councils.

Broader vibrancy reforms have been a key focus of the NSW Minns Government since its election in March 2023. To date, the NSW Government has:

• Ended the antiquated rule requiring people living within five kilometres of a registered club from signing in without first becoming a member.
• Abolished the restriction on outdoor dining approvals preventing patrons from standing while drinking outside a licensed premises.
• Permanently relaxed rules for outdoor dining to allow venues to make the most of their outdoor space.
• Ended single noise complaints from shutting down pubs and other licensed venues.
• Expanded the Special Entertainment Precinct framework for local councils to change the rules around noise and opening hours in designated area to support live entertainment and nightlife.