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NSW Planning System Review

NSW Planning System Review. 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)

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NSW Planning System Review

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  1. NSW Planning System Review White Paper and draft Planning Bills

  2. 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)

  3. Overview of key changes 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

  4. Key Issues Ecologically Sustainable Development has been removed from the new planning system

  5. 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

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

  7. Proposed complying development

  8. Proposed code assessable development

  9. Key Issues • 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?

  10. 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

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

  12. Key Issues Developers will have new review rights for rezoning applications And will be able to apply for strategic compatibility certificates

  13. 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”)

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

  15. Summary 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.

  16. Proposed amendment to the Mining SEPP 1) Economic considerations made paramount The proposed changes to the Mining SEPP would require the consent authority to make the significance of the resource the consent authority’s principal consideration

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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.au www.betterplanningnetwork.org.au

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