Go away, 3A

By Tamara Smallhorn

City of Sydney Councillors have welcomed NSW Opposition Leader Barry O’Farrell’s election commitment to abolish Part 3A planning legislation and restore planning powers to local councils.

However, they remain divided about the details, with some Councillors dubious about Mr O’Farrell’s sincerity.

The Part 3A section in NSW legislation provides for responsibility for planning approvals on projects of ‘state significance’ to sit with the Planning Minister rather than local councils.

Independent Councillor Marcelle Hoff said it was important Councils have control over developments.

“We need to limit the powers of the state as much as possible to give local councils greater control over their own planning,” Cr Hoff said.

“I hope this isn’t just an election promise.”

Greens Councillor Chris Harris agreed Mr O’Farrell’s commitment to abolish Part 3A was good news but said if Joint Regional Planning Panels are to continue, Mr O’Farrell may as well not bother.

Joint Regional Planning Panels (JRPPs) are State-appointed panels which combine both state government and local council representatives to consider proposed planning developments that have a capital investment value of over $10 million.

“JRPPs are another version of Part 3A, stripping local councils of their powers,” Cr Harris said.

“There are massive conflicts of interest on these panels because a lot of people that sit on them are in the property industry.

“They were set up on the pretext that local councils take too long to make decisions; but the panels take longer.”

Independent Councillor John McInerney echoed Cr Harris’s sentiments.

“The panels provide a more insidious opportunity for the state government to intervene and reduce local planning powers,” he said.

“If they don’t take away the panels, you might as well not abolish Part 3A.”

Labor Councillor Meredith Burgmann stood apart from her Independent, Liberal and Greens colleagues saying Part 3A legislation was good, and that returning planning power to local councils would be naive.

“I would much prefer to have the state government making major planning decisions,” she said.

“I’m not keen on a bunch of real estate agents making decisions about where to put a shopping mall. Some local councils are very small and they don’t have the expertise to make these decisions.”

Instead, says Cr Burgmann, the legislation should be amended to include a better appeals process to even the playing field between state and community interests.

“There needs to be a proper balance between state-wide and community needs, and I think an appeals process would provide that,” she said.

Cr Burgmann was also sceptical about Mr O’Farrell’s intentions to return more control to local councils.

“I think he will abolish it [Part 3A], but he’ll probably replace it with some other policy that places power with the state. He’s not going to allow his government not to have control over planning decisions,” she said.