Heritage advocates up in arms over new development plans

New planning laws diminishing the power of local councils have dismayed local heritage advocates.

The State Government’s Environmental Planning and Assessment Amendment Bill 2012 reduces the power of development control plans (DCPs). Both heritage advocates and the Greens have strongly criticised the legislation as a potential threat to the heritage of local areas in Waverley.

NSW Greens MP David Shoebridge supported Waverley Councillor Dominic Wy Kanak in claiming local heritage areas are under threat from the new plans.

“[This] will strip local councils of the power to implement their local planning instruments and protect residents from the effects of over-development,” said Mr Shoebridge.

DCPs are regulations on development including limits on size and location of facilities, maximum building heights and heritage protection. DCPs sit under Local Environment Plans (LEPs). Under the new legislation, DCPs have limited effect when they are inconsistent with LEPs.

Mr Kanak forwarded a motion to Council on November 20 criticising the legislation.

“These proposed laws are in breach of this government’s ‘contract with NSW’ where the current premier promised that his government would  ‘return planning powers to the community’,” said Mr Kanak.

The Mill Hill Conservation Area, located on the area surrounding Mill Hill Rd on the western end of Bondi Junction, is one of the heritage sites feared to be under threat. As part of the Bondi Strategic Plan, the area is a residential site with a number of commercial buildings such as the Mill Hill Childcare Centre.

Both Mr Kanak and Mr Shoebridge were concerned over the implications of the new legislation for the Mill Hill heritage site.

“Waverley has numerous places of heritage significance which are under threat from the developer driven O’Farrell government,” said Mr Kanak.

But Liberal Mayor of Waverley, Sally Betts said the Greens’ claims were unfounded and the new legislation will allow for a more refined approach to controlling distinct areas in Waverley.

“The legislation doesn’t have to have an impact on the community,” she said. “The whole point of the legislation is that we will have control of certain areas and their character.”

Ms Betts also dispelled fears around the future of the Mill Hill heritage site.

“The legislation is not specific to Mill Hill and I’m not sure why Councillor Kanak is trying to make an example of that place,” she said.

But Ms Betts did not tow the Liberals’ State Government party line to the fullest extent.

“We’ve done a submission to the State Government,” she said. “We are not 100 per cent happy with some of their suggested changes. We will continue to lobby the State Government where we can.”

Uncertainty over the impact of the legislation still remains. In spite of the commentary from the Greens, local community activist and spokesperson for the Bondi Transition Group, Warwick Baird said the community should wait to see the impact of the legislation.

“When power is taken away from Council, and hence the community, you generally think it would be negative for the area and the character of the area,” he said.

“Let’s wait and see what the impacts will be because the State Government is still deliberating on the matter and it’s hard to foresee the results of laws like this.”