NSW Planning Minister Frank Sartor has announced three bills were tabled in the State Parliament on 15 May, as part of reforms to create an efficient and streamlined planning system.
The bills are:
- The Environmental Planning and Assessment Amendment Bill 2008;
- Building Professionals Amendment Bill 2008; and
- Strata Management Legislation Amendment Bill 2008
According to Mr Sartor in a statement dated 15 May, the reforms are vital to improving to the NSW planning system, and will create:
- A better development assessment system;
- A more accountable infrastructure contribution system;
- A tailored plan-making process;
- Tougher rules and penalties for accredited certifiers; and
- Strengthened review and appeal rights
According to Mr Sartor, the changes include:
- Removing a proposal for land to be compulsorily acquired for the purposes of urban renewal;
- Deleting a proposal allowing accredited certifiers to approve minor non-compliances;
- Clarifying the status of libraries and community centres as “key community infrastructure”, along with volunteer rescue and emergency services, for which councils can automatically levy;
- Preventing new development in Sydney’s drinking water catchments, unless it has a neutral or beneficial effect on water quality; and
Interestingly, the changes also include expanding the range of people who can be appointed to the Planning Assessment Commission (PAC) to include those with legal, engineering, traffic and transport, and tourism backgrounds.
Reforms address legal profession’s forum shopping concerns
Mr Sartor highlighted the reforms respond to concerns from the legal profession that applicants can currently “forum shop” for appeal bodies.
“Applicants seeking a merit appeal of a refusal will no longer be able to choose between an independent panel, such as the PAC, or the Land and Environment Court,” he said.
According to the Minister this will prevent aggrieved applicants ‘forum shopping’ for appeal bodies and reinforces the role of the Land and Environment Court in hearing such appeals.
The Minister also confirmed plans to press ahead to:
- create an independent Planning Assessment Commission to decide most major projects; and
- allow only the Department of Planning to appoint planning arbitrators.
Bills follow lengthy consultation
According to the NSW Department of Planning, the tabling of the Bills follows a lengthy consultation process, including the release of draft exposure Bills, including:
- A NSW Department of Planning public forum held in August 2007 attended by 640 people with community representatives attending free of charge;
- The release of a discussion paper for a ten-week public comment period in November 2007;
- Eleven workshops attended by about 1,000 people across NSW;
- Further public consultation on the three Exposure Bills; and
- Distribution of easy-to-read summary documents at each stage of the reform process.
“This package is the culmination of an extended consultation process, involving forums, a discussion paper and Exposure Bills, as well as analysis of national trends,” Mr Sartor said. “That is reflected in more than 50 changes to the package.”
Despite Mr Sartor’s enthusiasm for the reforms, the Local Government Association (NSW) has pushed for further inquiries.
According to an AAP news release dated May 16, councils are opposing the changes, saying they “increase the risk of corruption” and leave communities with “less control” over decisions that affect them.
It is anticipated that the State Parliament will debate the legislation after June, when it resumes.