AS a follow-up from the White Paper planning story in the Leader on July 25, where a number of Kogarah residents (pictured right) aired their concerns about the state government's proposed legislation, a spokeswoman from the Department of Planning and Infrastructure said most of the concerns were based on a misrepresentation or misunderstanding of the proposed system.
Trish Oakley, the department's executive director of communication and community engagement, said the new system "retains, and in many cases strengthens, key protections to do with heritage, the environment and rights of appeal".
"The proposed reforms are designed to enable the efficient delivery of the homes and jobs we need as the state grows strongly, while also protecting the important community and other assets we value so highly."
Specific points raised:
Heritage: Heritage will be considered up front when the planning vision for an area is set, not as an after-thought once a development application has been lodged, which is often the case now.
There will be little change to the Heritage Council's role deciding on development applications and the listing of new state heritage items is not touched by the new system as it is covered under separate legislation, the Heritage Act.
Community rights and consultation: The community's right to participate will be enshrined in law. A community participation charter will require that all planning authorities, including councils, effectively engage the public in important planning decisions.
Any proposed development that does not meet the criteria established in consultation with the community will have to lodge a development application with the council, be exhibited for public comment and go through a full merit-assessment.
Environmental protection zones: The new system will simplify land use controls by reducing the number of zones, and important environmental values will be protected.
Guidelines to protect and manage lands with special ecological attributes will form part of new council-wide local plans to ensure development does not adversely affect those values.
These guides will control the intensity and extent of development and will require the planning authority to consider potential impacts on the environment, regardless of whether the land has a residential or rural zoning.
Ecologically sustainable development: Use of the term "sustainable development" rather than "ecologically sustainable development" would ensure that social as well as economic and environmental outcomes are considered.
This is a strengthening of sustainability considerations and aligns NSW with the approach of most Australian states, the United Kingdom and even the United Nations.
Appeal rights and ministerial discretion: The department's intention is to ensure that existing rights of appeal in the current Planning Act are maintained and the proposed new planning system retains the existing processes allowing objector merit appeals against high-impact projects.
The department is also committed to producing a new planning system which reduces corruption risks, including minimising discretion and increasing appropriate checks and balances on authority.
In the two years since coming to office, the Minister for Planning and Infrastructure has not approved a single private development. The number of major projects approved by the minister has dropped from 32 per cent to just 2 per cent.
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