Councils should apply flexibility to keep shelves stocked as Tropical Cyclone Alfred approaches

As the community prepares for the impacts of Tropical Cyclone Alfred, the NSW Government is asking councils to be considerate of the exceptional circumstances and support supermarkets and other essential retailers to help keep their shelves stocked.

The Environmental Planning and Assessment Act 1979 and its regulation authorises councils to take compliance action in response to breaches of conditions of a development consent relating to operating hours, noise limits and vehicle movement caps.

We are reminding councils they also have discretion in choosing whether to exercise their enforcement powers. This includes considering the temporary nature of any breach, the low level of harm caused and the broader public interest in restoring supply chains.