Frank Sartor’s Planning Reforms
With the State Government so reliant on the generosity of developers, the community is entitled to mistrust proposals to streamline planning. At the same time, however, the need for reform is undeniable. No less than 120,000 planning proposals worth $21 billion are processed each year in NSW. The figure can only grow as housing in particular faces the pressure of surging immigration. The Government is right to pursue a sustainable reduction in the permanent backlog that clogs council planning offices. The question is: at what price?
On 3 April 2008, the Minister for Planning released draft exposure bills that contain more than 200 pages of changes to the NSW planning system. They include legislative amendments to three main Acts: the Environmental, Planning, and Assessment Act, the Building Professional Board Act, and the Strata Management Act, and a number of minor amendments to other Acts. The legislation is due in Parliament within weeks before the winter recess and if passed will have serious implications for councils and their communities. These Bills chart a number of new and significant reforms, including:
Planning Assessment Commission to consider 80 per cent of state significant developments.
Joint Regional Planning panels to consider regionally significant developments (e.g. projects worth more than $50 million).
10-day approvals to be given by private certifiers or local councils – via issue of complying development certificates – for small-scale residential development applications that meet design codes. Courtesy notification to neighbours.
NSW Government to specify ‘key community infrastructure’ to which developer contributions can be applied. Contributions for other works will require NSW government approval.
Planning arbitrators to resolve disputes over small applications (under $1 million) in the first instance, ahead of the Land and Environment Court.
New third party appeal rights for development which excessively breaches controls.
Tougher rules and penalties for private certifiers, with fines for professional misconduct (such as conflict of interest) increased to $110,0000.
Local councils can compulsory acquire land for major development projects.
Developers to be stopped from controlling body corporate proxies and from selling visitor car spaces.
Development approvals to lapse if developers only have ‘physically commenced’ work and not achieved ‘substantial commencement’.
Despite the broad scope of the reforms, the spotlight is likely to remain on the contentious issue of accelerating approval of small-scale developments and renovations. The Planning Department says councils take an average of 57 days to process small-scale residential projects, while new single dwellings take 78 days. The Government hopes to get this down to just 10 days for plans that meet new design codes. The planning codes are tailored to suit a range of different developments and will most certainly not be one-size-fits-all. The key to accelerating approvals is allowing private certifiers, rather than council planning offices, to approve more off them.
At this point many will start to feel uneasy, and Mr. Sartor and his department are clearly aware of the public concern. Private certifiers will approve only conforming developments, and certifiers will be subject to tougher regulation. Yet the faster the approval, surely the less time for the development to be scrutinised and objections made. The public will rightly reject a planning overhaul that reduces the amenity of their homes, their streets, and their neighbourhoods.
The NSW planning system has shifted away from a system focused on public involvement and transparent and accountable decision-making, to one that is discretionary, ad hoc, and has significantly eroded the community’s ability to participate in planning processes. Local Government has a long track record of delivering the infrastructure which the community needs and wants. The vast majority of the community infrastructure in the towns and cities of NSW have been built and funded by local government. These include town halls, community centres, sportsfields, parks, and many other key assets which the community depends upon.
Local Government has a number of key concerns with the draft bills: communities may lose their right to have a say over local development, councils’ role in the development process will be significantly reduced, and funding of local infrastructure will be under threat. In particular, they are concerned with:
Community rights: the overall reduction of the role of the council and community in the planning process.
Complexity: the likelihood that the legislation, rather than simplifying the development, assessment process, will make it more complex and difficult to navigate. Many of the real problems with the DA process have not been addressed by the legislation, which relies on reducing the role of the councils and the right of local communities to have a say over development.
Probity: greater corruption risks due to the expanded role of appointed panels and the introduction of planning arbitrators.
Increased costs: borne by councils and their communities, due to changes to the development contributions framework and costs associated with supporting regional panels and arbitrators.
There are a number of positive aspects of the Bill such as the establishment of the Planning Assessment Commission (PAC), improvements to plan making, and the creation of the ‘gateway test’, which may have practical merit.
However, I am concerned about the impacts the new planning laws will have on local communities as communities will lose their right to have a say over local development, councils’ role in the development process will be significantly reduced, and funding of local infrastructure is under threat. This matter is too important and the implications to our communities too great for changes to be rushed through.
As a member of a democratic party, I invite you to voice your opinion, concerns, and perspectives on the State Government’s proposed planning reforms. Send your emails to gordon.moyes@parliament.nsw.gov.au
