Change the Codes SEPP to Allow Council to Approve Extended Trading during Special Events

Decision Maker: Council

Decision status: Recommendations Determined

Decision:

Moved by Councillor Arkins, seconded by Councillor Miller -

It is resolved that:

(A)        Council note:

(i)           councils across NSW can declare a special event under the definition in 2.132A of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Codes SEPP’);

(ii)         currently councils can only approve extended trading for non-licenced premises until midnight during these special events;

(iii)        the City of Sydney recently declared a special event and allowed extended trading until midnight during Sydney Mardi Gras on Friday 27 February, Saturday 28 February and Sunday 1 March 2026; and

(iv)        the NSW Government also allowed extended trading during Mardi Gras for licenced premises until 6am;

(B)        Council call on the Department of Planning, Housing and Infrastructure to make the necessary changes to the Codes SEPP to allow councils to set any hours for extended trading during special events, rather than limiting it until midnight;

(C)        the Chief Executive Officer be requested to write to the Secretary of the Department of Planning, Housing and Infrastructure with a copy of this motion to request they make the necessary changes to the Codes SEPP to allow councils to set any hours for extended trading during special events, rather than limiting it until midnight; and

(D)        the Lord Mayor be requested to write to Paul Scully MP, Minister for Planning and Public Spaces, stating Council’s request and with a copy of this motion.

Carried unanimously.

X113758

Report author: Erin Cashman

Publication date: 23/03/2026

Date of decision: 23/03/2026

Decided at meeting: 23/03/2026 - Council

Accompanying Documents: