These bills largely adopt the principles and structures proposed in the Green Paper. In particular the new system is focused on:
(a) Driving economic development in NSW. A key aim of the government is to facilitate housing, business and employment and improve productivity.
(b) Shifting the focus from development assessment to the strategic planning stage.
(c) The development of a clear hierarchy of planning instruments aimed at implementing State objectives and targets.
(d) Enhancing early community participation and reducing such participation at the assessment stage.
(e) Enhancing consistency across the State so as to achieve State strategic goals.
(f) Creating a performance based system of planning where the key determinative factor as to the suitability of development is the intensity of the development and the degree of impact rather than the prescribed land use. Submission can be made on the White Paper by June 28, 2013.
There are five key areas of reform:
• Delivery Culture.
• Community Participation.
• A new strategic planning framework.
• Development Assessment.
• Provision of Infrastructure.
Delivery Culture
The government acknowledges that in order to achieve the desired outcomes, it needs to change the way in which things are done and a more co-ordinated and co-operative approach across government is required. Examples of proposed changes include establishment of a Culture Change Action Group and mandatory performance monitoring against strategic plans.
The proposed changes aim to enhance co-operation across agencies; focus agencies on outcomes rather than process; deliver a culture which facilitates the government’s strategic direction and reduce the current adversarial nature of planning.
The aim is to shift the focus from controlling development to creating a strategic vision and partnering with the community to achieve outcomes. Community Participation The new system proposes a Community Participation Charter (although the detail of this charter has not yet been released).
All planning authorities will be required to act consistently with this charter. Opportunities for community involvement are to occur earlier in the process (i.e. at the strategic planning stage) and the level of community participation is intended to be proportionate to the degree of impact of the proposal.
Once the community has signed off on the strategic plans, if a proposal complies with the guidelines and codes specified in the local plan then there is no further opportunity for comment. It is also intended to enhance the use of e-planning. Strategic Planning There is to be a new emphasis by the government on evidence based strategic planning and a new hierarchy of strategic plans has been established.
These documents will cover State, regional and local planning and will be of four types.
• NSW Planning Policies, prepared by Director- General.
• Regional Growth Plans, prepared by Director- General.
• Subregional Delivery Plans, prepared by subregional planning boards.
• Local Plans, prepared by Council or such other planning authority as the Minister may direct.
A local plan will have four component parts – strategy; planning controls; development guides and contributions. Each plan must give effect to the plan above it.
NSW Planning Policies, Regional Growth Plans and Subregional Delivery Plans are not regulatory instruments and do not have the force of law and can therefore be changed relatively quickly.
A local plan will be a regulatory instrument. A key element of the new system is that the provision of infrastructure will be integrated into the strategic plan making process and land required for infrastructure purposes will be identified in NSW Planning Policies, Regional Growth Plans and Subregional Delivery Plans.
It is also intended to reduce the number of concurrences currently required before development consent can be granted. For those that still remain, a one stop shop to co-ordinate the processing of those concurrences is proposed.
Development Assessment Nine categories of development are identified including exempt development, complying development, code assessed development, merit assessed development and prohibited development.
The new system is intended to be a performance based system rather than a requirement to adhere to fixed development standards and criteria. In order to increase the speed with which development is assessed, it is intended that 80% of all developments will either fall to be determined as complying or code assessed development within the next five years.
Further, consent authorities must issue determinations with shorter time frames – eg stop the clock provisions will not apply to Code assessed development; complying development with minor variations and code assessed development is to be determined within 25 days.
Appeal rights will remain and it is intended to create a quicker appeal process for dwellings and dual occupancies. Infrastructure. The provision of infrastructure will be integrated with the provision of strategic plans.
The Minister will have the power to make a Growth Infrastructure Plan for any subregion or region of the state addressing 10 and five year requirements.
These plans will outline growth infrastructure priorities for both greenfield and infill areas and funding arrangements (including infrastructure contributions and budget funding) that are approved and will include both social and economic infrastructure.
There will be three types of infrastructure contributions - local infrastructure; regional infrastructure and regional growth funds, although further detail is required to know how these will work together.
Councils will retain the ability to seek contributions towards local infrastructure (local roads; local drainage works; and community facilities) but only if the local plan makes provision for such infrastructure.
Contributions will no longer be capped. Land acquisition costs are to be funded through the regional growth funds and regional infrastructure contributions will be levied on all development. Voluntary planning agreements are also intended to remain although their use will be limited.
Additionally, the government proposes significant changes to the building certification provisions. Additional occupations are to be certified; the points at which buildings are to be inspected during construction are to be enhanced; improved levels of documentation are to be required and stronger disciplinary requirements are to be introduced.
The proposed changes aim to balance the rights of the community against the need to increase housing and development in NSW. If the changes proceed they will significantly change the planning system in NSW.
For more information regarding the proposed changes contact Sue Puckeridge on 9806 7456 or by email: suep@matthewsfolbigg.com.au.
