New planning laws approved

BY MICK ROBERTS

While the Sydney Chamber of Commerce has praised the passing of new state planning laws – labelling it as a victory for commonsense – the NSW Local Government Association says the legislation spells disaster for democracy.
After much publicity and debate, the State’s Lower House approved the controversial reforms earlier this month.
Planning Minister Frank Sartor said the changes would cut red tape for ordinary homeowners and small businesses and introduce independent decision-making into the system.
He said the vote is the culmination of more than a year spent studying national and international trends, holding forums and seeking public feedback.
Mr Sartor’s planning shake-up has had a bumpy road to the Lower House, with a concerted campaign by local councils’ including The City of Sydney ‘ in an effort to block the legislation.
Sydney Lord Mayor Clover Moore has strongly opposed most of Mr Sartor’s Bill, labelling it ‘anti-democratic’.
‘These planning law changes are confused and complicated, with diminished capacity for open and transparent decision-making, and subjective and inadequately defined rules,’ Cr Moore said.
However, despite an intensely-conducted Local Government and Shires Associations’ campaign, the legislation was passed, following similar Bills accepted last month in South Australia and Victoria.
Mr Sartor said the changes will ensure the NSW system keeps pace with best practice planning across Australia and meets the challenges of the 21st century.
He said the reforms were introduced almost two months ago and were passed following an extensive debate ‘ despite ‘late night grandstanding and filibustering by the Greens’.
The Greens say the Bill was driven by the development industry and was a government reward to big developers for money poured into the NSW ALP’s campaign coffers before the last election.
Greens MP and Planning spokesperson Sylvia Hale said the vote was disappointing given the widespread community concern about the Bill.
‘The Bill will damage the state’s environment and heritage,’ Ms Hale said.
‘It will remove the rights of residents to have a say about the way their neighbourhoods develop. It will lead to increased disputes between neighbours and it will open the door for an even greater level of corruption in what is already a corrupt planning system.’
On the other hand the Sydney Chamber of Commerce says the new laws will create a better, quicker and fairer planning system.
Sydney Chamber of Commerce Executive Director Patricia Forsythe said most MPs rejected the “scaremongering” and instead endorsed sensible and moderate reform.
‘This should not be seen as the end of planning reform, but it is certainly a giant leap forward for the community and the industry,’ Ms Forsythe said.
At a time when construction of new houses and apartments has fallen to a 38 year low, the new laws couldn’t have come soon enough, she said.
‘The new planning laws will cut red tape and help kickstart the building industry at a time of major housing shortages.
‘These new planning laws will benefit home builders, renovators, first home buyers and small business people alike.’
President of the NSW Local Government Association Cr Genia McCaffery said the campaign by her association and other organisations had forced the government to make critical concessions to the Bill, including making private certifiers more accountable, trialing the housing codes, and reinstating councils’ right to use levies to fund regional facilities.
“We accept the laws have passed but will monitor their impacts closely – particularly the rights of residents and the increased costs to ratepayers,’ Cr McCaffery said.
The Local Government and Shires Associations have been running a campaign communicating the impacts of the laws to ratepayers and targeting local MPs and Upper House members, which generated tens of thousands of individual emails.
“We are committed to our communities and that means partnering with the Government to make these laws work. We will expect the Government, as promised, to iron out problems as they occur,” Cr McCaffery said.
Mr Sartor said he would now establish an Implementation Advisory Committee of local government and industry representatives, including planners and architects.
‘I am disappointed that the leadership of local government has wasted hundreds of thousands of ratepayers’ dollars trying to obstruct commonsense changes, instead of working through the detail in a constructive fashion.
‘I urge them to now put election-year politics aside and work with the State and planning practitioners to implement these changes for the benefit of the community.’
The changes to the legislation will also see slashing red tape for the live music and entertainment industry by abolishing rules which require venues to obtain place of public entertainment (POPE) licenses.