Vibrancy Reforms announced - Concerns Persist for Safety, Amenity of Neighbourhoods
''The vibrancy package complements the NSW Government’s plan to build more homes and a better state to live in by ensuring local venues, events and community life flourishes.'' the government said in a released statement
''The Vibrancy Reforms are cutting red tape that has tipped the balance against live music and community life and in favour of neighbour complaints designed to turn the dial down on culture and entertainment.''
The second tranche of reforms includes:
- ''Tearing up baffling restrictions on licensed venues that include “no entertainment” clauses or dictate what genre of music or even how many musicians can play
- Requiring property buyers to be notified that they are moving into an existing entertainment zone to protect the intent of Special Entertainment Precincts and reduce the friction between venues and their neighbours
- Ending the antiquated rule that prevents people living within five kilometres of a registered club from signing in without first becoming a member
- Binning the restriction on outdoor dining approvals that prevented patrons from standing while drinking outside a licenced premises
- Amending the Major Events Act to make it easier to support foundational events like Sydney Festival and Vivid Sydney
- Empowering the Minister for Music and the Night-time Economy to refer live music and performance venues with legitimate disputes to mediation.''
The Government stated ''At the heart of the second tranche of reforms is the expansion of Special Entertainment Precincts (SEPs) which empower and support councils to balance competing needs in their communities.
A key part of the precinct model will be an acknowledgment by residential and business property buyers in official documents that they are moving into an established entertainment zone.''
The proposed changes to the SEP framework build on the success of the Enmore Road SEP and will ensure residents and other property purchasers are notified on their planning certificates if they buy a property in an entertainment precinct. This is called an “eyes wide open” clause in paperwork that should reduce the friction between venues and their neighbours.
No details as to who or what will pick up the costs of providing the notifications was included in the announcement.
''The reform package to Parliament will enable key cultural sites on state-owned land, including Walsh Bay and the reactivated White Bay Power station to become entertainment hotspots.'' the Government stated
''A $1 million grant program to enable more SEPs to be established will help councils establish precincts, including support to engage staff or expert consultants to undertake strategic planning, sound standards, acoustic frameworks, consultation, communications and engagement.''
The program is expected to open for applications later this year and will be accompanied by an online assistance portal available from November.
With 128 Councils across New South Wales the $1 million announced will equate to around $7,812.50 per council.
The Government reminded all the first round of Vibrancy Reforms delivered changes that:
- Permanently relaxed rules for outdoor dining to allowing venues to make the most of their outdoor space
- Ended single noise complaints from shutting down pubs and other licensed venues
- Made it easier to activate streets for festivals and events (Open Streets program) and a regulatory model that allows streamlined approvals for repeat events (Permit, Plug, Play)
- Expanded Special Entertainment Precincts that empower local councils to change the rules around noise and opening hours in a designated area to support live entertainment and nightlife
- Increased incentives for live music and live performance, with two hours extended trading and an 80% reduction in liquor licence fees for licensed venues offering live music and performance
- Created easier pathways for extended trading hours for major events like the Olympics and World Cups.
However, Councillor Darriea Turley AM, President of Local Government NSW (LGNSW) said that local government needed to be at the table when discussing the details and implementation of any reforms to ensure balance between enhancing the cultural and economic vibrancy of communities and protecting the safety and amenity of neighbourhoods.
In particular, in the absence of further detail, concerns exist about the proposed removal of specific conditions of development consent in some locations.
“Often these conditions have been put in place for very particular and necessary reasons” said Cr Turley. “As always, without further details yet available, it’s about recognising that one size doesn’t fit all”.
“Councils have often worked with local communities and business groups to determine these conditions and we would be concerned if these reforms brought in a “carte blanche” approach to removing them.”
“There can be marked differences between regional and metropolitan areas, and even within metropolitan locations there are significant differences between inner city and outer suburban areas” said Cr Turley. “LGNSW therefore in general supports flexible arrangements which allow councils to opt-in, rather than blanket state-wide provisions.”
Cr Turley also welcomed the $1 million grant program to encourage councils establish more Special Entertainment Precincts. The funding would include support to engage staff or expert consultants to undertake strategic planning, sound standards, acoustic frameworks, consultation, communications and engagement.
“This funding will help offset the significant costs of establishing these precincts” said Cr Turley. “The grant program is an initiative that LGNSW has been advocating for, particularly at a time when the financial sustainability of local councils is of a growing and ongoing concern.”
“We thank Minister Graham and his team for their collaboration with local government on the vibrancy reforms to date” said Cr Turley. “LGNSW considers the place-based approach adopted by the vibrancy reforms so far to be appropriate so that councils can work with businesses and their communities in developing a flexible and locally suited approach to support night-time economies.”
“We look forward to continuing to work with the State Government in a similarly collaborative and place-based manner to ensure the cultural and economic vibrancy of our communities is enhanced without compromising safety and amenity of our neighbourhoods.”
The peak body for local government in NSW will seek to work with the State Government to ensure the new vibrancy reforms announced over the weekend, and set to be tabled in Parliament, will work well for everybody.
New South Wales Premier Chris Minns said on Tuesday:
“Building more homes is the top priority for the NSW Government, but we are also determined to build vibrant communities around these homes.
“From binning restrictions on outdoor dining to encouraging more local entertainment zones, our reforms back in live music and will help get Sydney’s night life going again.”
Minister for Music and the Night-time Economy John Graham said:
“A guiding principle of the Vibrancy Reforms is building communities in which after work hours and weekends are not simply a time to retreat behind a closed front door at home, but a time that brings people together.
“It is about cutting the red tape that has strangled nightlife over time and made local live music and performance at venues in many cases the exception rather than the rule.
“We are rebuilding Sydney and regional centres across the state neighbourhood by neighbourhood and giving councils the tools to use the special entertainment precinct model.
“People moving into an established entertainment zone will now do so with their eyes wide open through property search documents and we expect this will reduce conflict between neighbours and venues over time.”
Minister for Gaming and Racing David Harris said:
“Changes in liquor act and licensing – including extended trading, specifically in performance venues encouraging and stimulating live music and live performance culture.
“We will continue to work alongside industry, businesses, councils and communities across NSW to support the growth of SEPs, to bring even more vibrancy to precincts throughout the state.
“Safety is also a key focus for these reforms, and we will continue to work with the relevant agencies to ensure a safe and vibrant nightlife across NSW.”
24-Hour Economy Commissioner Michael Rodrigues said:
“NSW has some the best venues and after dark offerings in the country, but there is still more that can be done to help precincts reach their full entertainment, economic and creative potential.
“These reforms will seek to remove some of the barriers for councils, venues and businesses across the state to provide even more great offerings for people across NSW.”
The Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 first passed both the lower and upper house of the NSW Parliament on May 14 and May 16 2024 respectively, without any of amendments tabled.
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