White Paper and draft Planning Bills

NSW Planning System Review

The process so far: Election promise (2011 election) Announcement of review and appointment of

independent co-chairs (July 2011) Listening and scoping phase (Sept – Nov 2011) Independent Panel’s recommendations (June

2012) Green Paper (July 2012) White Paper & draft Planning Bill (April – June

2013) Legislation will be introduced to Parliament

(Sept 2013)

NSW Planning System Review

Move away from the environment - emphasis on economy and growth

Shift to upfront strategic planning Community participation charter and community

engagement plans Replace existing planning instruments More code assessment Concerns about State significant development

approval process have not been addressed

Overview of key changes

Ecologically Sustainable Development has been removed from the new planning system

Key Issues

Community participation provisions are not mandatory New community participation charter and

community engagement plans are not enforceable

Basic, existing requirements including notification, right to make submissions, obligation to consider submissions are not clearly prescribed

Key Issues

Key Issues

80% of all development in NSW will be assessed as complying or code development, with no community consultation and no merit assessment

Proposed complying development

Proposed code assessable development

All existing planning instruments will be replaced with: NSW Planning Policies Regional Growth Plans Subregional Delivery Plans Local Plans

What does that mean for existing environmental and heritage protection?

Key Issues

Important environmental protection zones will be removed:

E1 (National Parks and Nature Reserves) and E2 (Nature Conservation) will joined into one environment zone

E3 (Environmental Management) will be moved into a general Rural zone

E4 (Environmental Living zone) will be moved into a general Residential zone

Key Issues

The Minister will have the power to make, repeal and amend strategic plans and planning controls

Key Issues

Developers will have new review rights for rezoning applications

And will be able to apply for strategic compatibility certificates

Key Issues

Concerns about State significant development approval process have not been addressed:

Exposure Bill overrides important concurrence and approvals role of expertise agencies

Third party appeal rights not available following PAC public hearing

Broad, discretionary merits assessment Public interest test has been qualified (“in particular,

whether any public benefit outweighs any adverse impact of the development”)

Key Issues

Third Party Merits Appeal Rights and Judicial Review Rights will be available – in restricted circumstances (clause 10.12 of the Exposure Bill)

Key Issues

The proposed changes to the NSW Planning System represent the most significant backward step in community participation and environmental and cultural heritage protection in more than a generation.

Summary

1) Economic considerations made paramountThe proposed changes to the Mining SEPP would require the consent authority to make the significance of the resource the consent authority’s principal consideration

Proposed amendment to the Mining SEPP

2) Non-binding development standards put communities and resources at risk

• If development complies with standard – consent authority cannot refuse

• If development does not comply – consent authority still has discretion to approve

Proposed amendment to the Mining SEPP

3) Proposal further undermines community confidence in the NSW planning system• Pre-empts strategic planning process• Does not represent best practice community

engagement• Puts economy and profit before communities

and environment

Proposed amendment to the Mining SEPP

Key messages for your meetings

Outline your keys concerns (set an agenda or list)

Emphasise your key message: e.g. Go back to the drawing board

Table any document that you want to leave with your MP

Key messages for your meetings

Ask your MP to make representations to Minister Hazzard on your behalf

Ask your MP to tell you when they have done this

If your MP is supportive – suggest that they ask a question in Parliament

What’s next

Complete your Meeting Report Form Pick up coreflutes Send out your media release Plan to take further action:

Online petition, Hazzard tape, local media, stalls etc.

Do you need to follow up with your MP on anything? Keep in touch with BPN and NCC:

www.nccnsw.org.auwww.betterplanningnetwork.org.au