Planning Changes
The State Government's changes to the planning system, passed by Parliament in June 2008, are progressively being implemented by the Minister and the Department of Planning. The Associations are working to ensure that Local Government's views are considered during the implementation phase of the planning reform agenda of the State Government. Current information on the planning changes and the Associations' responses can be found on this site.
Amendments to Heritage Act and Planning Panels
The Minister for Planning introduced a bill into Parliament on 13 May 2009 - the Heritage Amendment Bill 2009 - which will amend the Heritage Act as well as the Environmental Planning and Assessment Act in relation to planning panels. The Associations strongly oppose the provisions of the Bill that extend plan making powers to the new Joint Regional Planning Panels and are recommending further scrutiny of aspects of the heritage legislation.
The Associations have undertaken a review of the provisions of the Heritage Amendment Bill 2009:
Accreditation of Council Building Certifiers
In February 2009 the LGSA finalised a submission to the Building Professionals Board in response to proposals for an accreditation scheme for council building certifiers.
In the submission, the LGSA strongly oppose the proposed scheme for the accreditation of council certifiers. The LGSA believe that the scheme is unnecessarily complex; will be onerous and costly for councils to implement and administer; and will provide few if any tangible benefits to the community. The accreditation requirements represent a cost shift from the Building Professionals Board to individual councils and the short time frame for the implementation of the scheme is impractical and ill-considered.
To view the LGSA submission click on the link below.
LGSA Submission - Accreditation of Council Building Certifiers (119KB)
The Associations have prepared a submission on the recently exhibited draft exempt and complying codes - the NSW Housing Code and the NSW Commercial Building Code. These codes are the first in a series of exempt and complying codes that are being prepared by the Department of Planning. The codes are to be finalised following consideration of submissions and the findings of a trial of the codes involving eleven councils around NSW.
Controversial Changes to Planning Legislation in NSW
Controversial changes to planning legislation in NSW were passed by the Legislative Council in the early hours of 18 June. A motion to refer the legislation to a Parliamentary Inquiry - which had been requested by the Associations and many other organisations - had been lost by just one vote.
However the 'Keep it Local' campaign, which was strongly supported by councils and communities throughout NSW, forced the Government to make some concessions to laws. We are encouraging all councils across the state to commit to closely monitoring the impacts and hold the government accountable. The Associations will be working tirelessly over the coming months to influence the drafting of the regulations and ensure the community's concerns are still heard.
The timetable for implementing the changes to the planning and building legislation has not yet been announced. Information will be posted on the Associations' site as it becomes available.
National Trust Public Meeting
"Cr McCaffery's address to the public meeting coordinated by the National Trust in opposition to the State Government's proposed planning laws. Cr McCaffery focused on the impacts of the changes for councils and their communities."
National Trust/ LGSA Public Meeting in Opposition to Planning Changes (13KB) - 3 June 2008
More speeches from the National Trust Public Forum.
Planning Laws now Before Parliament
The Associations believe that the planning legislation now before Parliament will not reduce 'red tape' but significantly increase the amount of regulation and regulatory bodies. This will not only add to the complexity of the planning process but will be confusing for applicants and costly for councils and their communities - it will be ratepayers that will have to bear all the costs associated with the new planning panels and arbitrators.
The attached chart highlights the complexity of the new development assessment and decision making process being proposed by Minister Sartor in the planning legislation now before Parliament. The LGSA's alternative model is also shown for comparison.
DA Decision Making Process - LGSA Proposal (22KB)
DA Decision Making Process - EP&A Amendment Bill 2008 (26KB)
Local Government's Summary Response to Draft Exposure Bills (Planning Changes)
The Minister for Planning has released over 200 pages of changes to the NSW planning system. Under the changes 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 parks, playgrounds and roads is under threat.
The LGSA have undertaken a preliminary assessment which is attached for your information. A more detailed response will be available soon.
Planning Reform Preliminary Submission (134KB)
Local Government's Formal Response to Draft Exposure Bills (Planning Changes)
Sartor Submission Cover letter (72KB)
Cerifiers and Complying Development (142KB)
Development contributions (134KB)
Discussion Paper on the Planning Reform Agenda
The State Government recently released Improving the NSW Planning System - A Discussion Paper, which recommended 83 changes to the NSW planning system. Local Government has a number of concerns with the suggestions. They would strip councils and their communities of the right to have a say on planning and development within their area, lead to bad development decisions and also impact on the look of neighbourhoods.
Alternative Model for Planning Reform
The Associations have submitted to the Minister for Planning an alternative model for reforming aspects of the planning system in NSW. As announced at the Leaders Forum on 30 January, the Associations commissioned John Mant, lawyer and urban planner, to develop alternative solutions to two key problems with the current reform agenda. These are:
- The proposals for addressing the conflict of interest of private certifiers are not practical and will not resolve the inherent flaws in this model.
- The proposals for additional regulatory bodies and extra steps in the development assessment process will result in greater complexity and costs for councils and applicants, rather than simplifying the system.
The Associations are keen to see a resolution of the problems relating to certification, as well as transparent and efficient decision making processes that balance the legitimate expectations of key stakeholders in the development process. The Mant paper outlines a number of proposals for addressing these issues. The Associations hope that this paper will generate positive debate and discussion and lead to practical solutions and a better development assessment system for NSW.
John Mant paper - Planning Reform in NSW: Alternative Solutions (432KB)
LGSA Submission on Planning Reform
The Associations have put forward a submission to the Government outlining our concerns.
Discussion Paper: Improving the Planning System (824KB)
Media Release: Councils Offer Planning Alternatives (35KB)
Cr Genia McCaffery - Speech from Leaders forum on Discussion Paper (35KB)
