The state's recent planning laws have come under scrutiny, sparking calls by the Local Government and Shires Associations of NSW (LGSA) for an Upper House Inquiry.
Legislative Review Committee places new laws under the spotlight
In a statement date 9 June 2008, the LGSA said the cross-party Legislative Review Committee found 20 problems with the laws, namely the:
- Building Professionals Amendment Bill 2008;
- Environmental Planning and Assessment Amendment Bill 2008; and
- Strata Management Legislation Amendment Bill 2008.
The review found the new laws:
- would infringe on the individual rights of property owners;
- contradict procedural fairness; and
- provide unrestricted power to the Minister.
Review finds changes to consent authority "oppressive"
In particular the review highlighted the oppressive official powers implied by the Environmental Planning and Assessment Amendment Bill 2008.
According to the review,a consent authority cannot, without the approval of the Minister, refuse a Crown development application or impose a condition on its consent to a Crown development application. However this means there is no opportunity for a person to make their case or representation to the consent authority, if there is objection to the Crown development application.
"The Committee considers these official powers appear to unduly trespass on individual rights to have their views heard and represented by making the consent authority unable to refuse or impose conditions on a Crown development application without the prior approval of the Minister,"the Committee stated.
LGSa calls for an Upper House Inquiry
The LGSA said the findings of the party back up the call for an Upper House Inquiry into the bills.
According to LGSA president, Genia McCaffery, the committee's findings are "proof" that there are "serious problems" with the proposed planning laws and they are "not ready" to be passed in their current format.
"These bills have clearly been prepared in haste, with considerable amounts of vital detail left out. The report confirms that the rights of local residents are seriously under threat," Ms McCaffery said.
Shires Association president Bruce Miller added parliament has a responsibility to scrutinise legislation that has the "potential to strip away the rights" of local residents.
To view the findings, visit http://www.parliament.nsw.gov.au/legislationreview