The revised Planning Bills are online:  http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/33e72ad6ea1238b5ca257c0c0014134d/$FILE/b2012-088-d31-House.pdf

Planning Administration Bill 2013 – http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/19d9239956c232b7ca257c0c00143b11/$FILE/b2013-028-d23-House.pdf

Department of Planning & Infrastructure’s factsheets about the Bills:

http://www.planning.nsw.gov.au/en-au/policyandlegislation/planningforourfuture/resources.aspx .

The legislation will be debated in the Lower House next week and introduced to the Upper House in mid-November where it is uncertain whether it will go through or not.

Pro-development lobbies the Urban Development Institute of Australia and the Planning Institute of Australia (a key player influencing and supporting the NSW Government’s planning ‘reforms’), have accused BPN of ‘an aggressive and often one-sided approach to advocacy’, ‘mis-communicating the facts’ and threatening ‘good planning’ .  Both Minister Hazzard and Mr Sam Haddad, Director-General of Planning, have hit back at the BPN verbally or by written communication.

B U T   the Independent Commission Against Corruption, the NSW Heritage Council, the Law Society of NSW, the Royal Institute of Architects, the Environmental Defender’s Office, Shelter NSW and many others, including of course the Local Government sector, have raised very serious issues with the reforms.

Please attend the BPN General Meeting:   Thursday 24 October, 7pm at Redfern Town Hall. 

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While Minister Hazzard’s recently announced changes to the planning legislation are welcome, the majority of the State’s communities have not been adequately briefed on these changes.   The Hunters Hill Trust is still gravely concerned that the intent of the new legislation will remain “developer-driven” and place the Government’s stated imperatives for the economy ahead of those of long-term healthy ecosystems and a fully functioning society.

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W h a t   a r e   t h e   c h a n g e s?

On 19 September 2013, Minister Hazzard announced the following changes to the NSW Government’s planning reforms:

1. Councils will be allowed to modify the state-wide codes to better reflect their local area
2. Code assessable development will only apply in nominated growth areas
3. The target for code assessable developments has been removed entirely
4. Councils will be required to prepare Neighbourhood Impact Statements before using code Assessment
5. The full range of current land zonings will remain as they are
6. Appeal rights will remain as they are
7. Local and state heritage protections will continue

Residents in ‘nominated growth areas’ residents will have no right to comment on most developments  built next door.  It is unknown how particular areas will be declared ‘nominated growth areas’ and by whom.  The Minister has indicated that such areas will include the northwest and southwest rail links and Local Government NSW has publicly stated that, according to discussions with the Minister, code assessable development will also apply to Urban Activation Areas.  It is reasonable to assume that the Government would have the same intention for other areas, for example the Parramatta Rd Corridor, already singled as growth areas in the Sydney Metropolitan Regional Plan and other documents.

All new housing in growth areas needs to be of high design quality and reflect input from people who live next to them. Code assessable development – ie. ‘tick-the-box’, no-consultation development – is unlikely to achieve that.

The changes will not address the range of concerns raised by numerous and diverse organisations.  These include (but are not limited to):

Lack of balance between economic, social and environmental considerations:

• The Government has not committed to retaining the principles of Ecologically Sustainable Development (particularly the Precautionary Principle) as a key component of the planning legislation.  The significant risks of corruption raised by the Independent Commission Against Corruption, associated, amongst other things, with the broad discretion conferred on decision makers.The range of mechanisms for overriding strategic planning processes, including Strategic Compatibility Certificates, developer-initiated rezoning proposals (which include review rights for developers but not for community), the declaration of state-significant development and the broad Ministerial power to amend any strategic plan, without any community consultation.

The new legislation  is still “developer-driven” and places the imperatives for the economy ahead of long-term healthy ecosystems and a fully functioning society.  

The Bills are fundamentally flawed – bad legislation – and need to be withdrawn and re-written.