Late last year the NSW Government failed to have its controversial new planning system passed in the Upper House, the Legislative Council. The Government is now intending to by-pass the legislature in order to implement planning changes which favour developers and disempower the general community. The Better Planning Network , an affiliation of over 400 groups around the state, condemned this move in a media release published on 28th February.
“The O’Farrell Government has failed to convince either the Parliament or the community of the merit of its proposed planning laws and now they intend to introduce them by the back door without any public scrutiny,” said Better Planning Network’s Corinne Fisher.
This Government came to power on the back of its promise for a visionary planning system that would enable the State’s necessary growth, guard against corruption, provide greater certainty and transparency, return planning powers to local communities and ensure that community views are again heard and respected,” said Ms Fisher. “However, the Minister has failed to deliver on these promises.”
“This Minister initially emphasised his willingness to listen and to consult with the community so it is very disappointing to hear that he is going to press ahead using his Ministerial power to implement changes the public doesn’t want.”
Ms Fisher pointed out that the overwhelming majority of 5,000 submissions on the White Paper rejected the Minister’s proposed Code Assessment and fast tracking of development. “Under the weight of public opinion, the NSW Parliament (Upper House) rejected the proposed legislation,” she said.
“We urge the Minister not to crash through using his existing Ministerial powers. What is needed now is a return to the drawing board and a genuine attempt to accommodate the community as well as the developers.”
The Better Planning Network believes that a way forward in planning is desperately needed and will host a forum on different ways to achieve this in NSW. The forum will include presentations by respected professionals and academics.
“We extend an invitation to the Minister to attend and hope we can work together on a genuinely collaborative approach to planning which will provide a healthy community, economy and environment.”
The proposed new planning system was discussed in a number of CVCC posts in 2013 including NSW Planning Bill Amended in the Upper House (27 November).
Showing posts with label Better Planning Network (BPN). Show all posts
Showing posts with label Better Planning Network (BPN). Show all posts
Monday, 3 March 2014
Monday, 2 December 2013
NSW PLANNING BILLS UPDATE
NSW Planning Minister Brad Hazzard announced on 28 November that he would withdraw the NSW Planning Bills until February 2014. This followed the significant amendments to the Bills which were made in the Legislative Council (the Upper House of the NSW Parliament). The amendments were made by Labor, the Greens and the Shooters and Fishers parties.
Minister Hazzard attacked in parliament what he called the "unholy alliance" of the parties who had supported the amendments to the Bills. He claimed this alliance had "jeopardised the housing supply our community needs". He also claimed that an "unprecedented coalition" of business groups had supported the Bills. These supporters included the Civil Contractors Federation, the NSW and Sydney Business Chambers, Infrastructure Partnerships Australia, the NSW Minerals Council, the Property Council of Australia and the Tourism and Transport Forum. (See the Sydney Morning Herald report of 28 November .)
It is no surprise that these organisations representing the development industry supported Hazzard's proposed planning system. It gave them enormous advantages. At the same time it disempowered local communities which is why there was such a determined grass roots campaign against these planning changes.
The Better Planning Network's Convener, Corinne Fisher, in a letter to The Sydney Morning Herald in response to the article about Hazzard, called on the Minister to take responsibility for the failure of his Bills rather than blaming everyone else. She referred to the cost and the time spent on the comprehensive , independent review of the planning system (the Moore and Dyer report) and the fact that the Minister ignored its more than 374 recommendations.
She pointed out: "The Planning Bills utterly fail to effectively address the two key problems associated with our current planning system: complexity and community acceptance."
"The NSW Planning Bills are a missed opportunity for genuine reform and will not solve the problems that have plagued and continue to plague planning and development in NSW. Let's go back to the Moore and Dyer report and do better," she concluded. ( The Better Planning Network website.)
Minister Hazzard attacked in parliament what he called the "unholy alliance" of the parties who had supported the amendments to the Bills. He claimed this alliance had "jeopardised the housing supply our community needs". He also claimed that an "unprecedented coalition" of business groups had supported the Bills. These supporters included the Civil Contractors Federation, the NSW and Sydney Business Chambers, Infrastructure Partnerships Australia, the NSW Minerals Council, the Property Council of Australia and the Tourism and Transport Forum. (See the Sydney Morning Herald report of 28 November .)
It is no surprise that these organisations representing the development industry supported Hazzard's proposed planning system. It gave them enormous advantages. At the same time it disempowered local communities which is why there was such a determined grass roots campaign against these planning changes.
The Better Planning Network's Convener, Corinne Fisher, in a letter to The Sydney Morning Herald in response to the article about Hazzard, called on the Minister to take responsibility for the failure of his Bills rather than blaming everyone else. She referred to the cost and the time spent on the comprehensive , independent review of the planning system (the Moore and Dyer report) and the fact that the Minister ignored its more than 374 recommendations.
She pointed out: "The Planning Bills utterly fail to effectively address the two key problems associated with our current planning system: complexity and community acceptance."
"The NSW Planning Bills are a missed opportunity for genuine reform and will not solve the problems that have plagued and continue to plague planning and development in NSW. Let's go back to the Moore and Dyer report and do better," she concluded. ( The Better Planning Network website.)
Obviously the Government and Minister Hazzard, as well as the development industry, will be lobbying Legislative Councillors in the hope of changing their votes when the Bills next come before the Parliament. Also there is no doubt that those opposed to Hazzard's Bills will also be actively lobbying members in both houses over the next few months.
Wednesday, 27 November 2013
NSW PLANNING BILL AMENDED IN THE UPPER HOUSE
The NSW Government's controversial Planning Bill ( last discussed on the CVCC blog on 6 November in New Planning Laws before NSW Parliament ) was amended substantially by the Legislative Council (the Upper House of the NSW Parliament) on 26 November.
The changes included:
However, even if this happens, there are still very serious deficiencies in the legislation as Corinne Fisher from the Better Planning Network points out.
"There has been very little change to the Minister's wide discretion that the Independent Commission Against Corruption stated was a corruption risk. The amendment to restore the rights of objectors to appeal also failed. That amendment would have been a major corruption safeguard," Ms Fisher said.
"The system will still be top down planning where high order strategic plans will govern what happens at local level.
"We are still stuck with Strategic Compatibility Certificates (SCC) that essentially allow Local Plans to be ignored so that prohibited development can occur whenever a developer can convince the Government that it is consistent with a higher order strategic plan. There is no merit assessment when an SCC is issued," she said.
Another major concern is the exclusion of ecologically sustainable development as a major principle in planning decisions. This has been replaced in the new legislation by "sustainable development" which according to the Minister for Planning, Brad Hazzard, "balances" the needs of the environment with social and economic outcomes. This weakening of consideration for the environment has been a feature of Premier Barry O'Farrell's Coalition Government just as his Government's reframing of the state's planning laws has focused on the promotion of the interests of the development industry to the detriment of the interests of local communities.
Months ago the critics of the proposed new planning system called for it to be withdrawn and re-written. The extensive community criticism led to some minor changes before the Government brought the Bill to Parliament. Critics still believe that the Bill needs to be withdrawn and re-written to ensure that NSW has an effective, fair and transparent planning system in the future.
The changes included:
- Deletion of Code Assessment from the Bill. This means that those NSW citizens who were being disempowered by this provision will retain their right to have a say on development in their neighbourhoods.
- Amendments relating to affordable housing for new developments.
- Removal of the controversial provisions of the Mining SEPP (State Environmental Planning Policy) which the Government recently added to the SEPP. There were serious concerns that these recent amendments (which made economic factors the principle consideration in the approvals process) made new coal mines almost impossible to refuse. (The change to the Mining SEPP was the subject of the CVCC post Proposed Changes to NSW Mining on 25 August)
However, even if this happens, there are still very serious deficiencies in the legislation as Corinne Fisher from the Better Planning Network points out.
"There has been very little change to the Minister's wide discretion that the Independent Commission Against Corruption stated was a corruption risk. The amendment to restore the rights of objectors to appeal also failed. That amendment would have been a major corruption safeguard," Ms Fisher said.
"The system will still be top down planning where high order strategic plans will govern what happens at local level.
"We are still stuck with Strategic Compatibility Certificates (SCC) that essentially allow Local Plans to be ignored so that prohibited development can occur whenever a developer can convince the Government that it is consistent with a higher order strategic plan. There is no merit assessment when an SCC is issued," she said.
Another major concern is the exclusion of ecologically sustainable development as a major principle in planning decisions. This has been replaced in the new legislation by "sustainable development" which according to the Minister for Planning, Brad Hazzard, "balances" the needs of the environment with social and economic outcomes. This weakening of consideration for the environment has been a feature of Premier Barry O'Farrell's Coalition Government just as his Government's reframing of the state's planning laws has focused on the promotion of the interests of the development industry to the detriment of the interests of local communities.
Months ago the critics of the proposed new planning system called for it to be withdrawn and re-written. The extensive community criticism led to some minor changes before the Government brought the Bill to Parliament. Critics still believe that the Bill needs to be withdrawn and re-written to ensure that NSW has an effective, fair and transparent planning system in the future.
Wednesday, 6 November 2013
NEW PLANNING LAWS BEFORE NSW PARLIAMENT
In a post on 19 June the CVCC reported on the NSW Government's drastic agenda for a new planning system in NSW. ( See Open slather for developers in NSW )
In the months since the Government released its White Paper and draft legislation there has been a very determined community campaign led by the Better Planning Network and other community groups such as the Nature Conservation Council of NSW (NCC) to alert the general community to the dangers of the Government plans. While this has led to the Government making some changes to its legislation, it has still not addressed major areas of concern. In essence the new system continues to favour developers and industry at the expense of the general community and the environment.
The Nature Conservation Council of NSW, the peak conservation body in the state, points to some of the major problems:
To see the legislation go to the NSW Parliament website - Planning Legislation .
The revised legislation was passed by the Legislative Assembly (the lower house), which is controlled by the Liberal-National Party Government, on 30 October. Before it can become law it also has to be passed by the upper house, the Legislative Council. As the Government does not have a majority in the Legislative Council, it is possible that the Bill may be rejected there if a majority of Councillors are persuaded to reject them. The legislaton will be introduced and debated in the Legislative Council any time from 12 November onwards.
Groups concerned about the Bill are encouraging people to contact non-government members of the Legislative Council to urge them to vote against the legislation. The Better Planning Network website has information on how to contact Legislative Council members to urge them to vote against this legislation.
In the months since the Government released its White Paper and draft legislation there has been a very determined community campaign led by the Better Planning Network and other community groups such as the Nature Conservation Council of NSW (NCC) to alert the general community to the dangers of the Government plans. While this has led to the Government making some changes to its legislation, it has still not addressed major areas of concern. In essence the new system continues to favour developers and industry at the expense of the general community and the environment.
The Nature Conservation Council of NSW, the peak conservation body in the state, points to some of the major problems:
- The legislation continues to provide for fast-track approval of ‘code assessable’ development, without community consultation or merit based environmental assessment.
- Government has announced that code assessment will be limited to ‘growth areas’, but there are no provisions in the legislation to give effect to this commitment.
- The ‘one stop shop’ provisions of the legislation concentrate unprecedented and excessive power in the Department of Planning, by giving the Director-General the power to override the advice of expert agencies, including the EPA and Office of Environment and Heritage.
- The legislation provides multiple mechanisms for developers to override local plans, including rezoning applications, rezoning appeals, strategic compatibility certificates and a broad power for the Minister to amend local plans.
- The legislation does not make reference to the established principles of ecologically sustainable development, including the precautionary principle.
To see the legislation go to the NSW Parliament website - Planning Legislation .
The revised legislation was passed by the Legislative Assembly (the lower house), which is controlled by the Liberal-National Party Government, on 30 October. Before it can become law it also has to be passed by the upper house, the Legislative Council. As the Government does not have a majority in the Legislative Council, it is possible that the Bill may be rejected there if a majority of Councillors are persuaded to reject them. The legislaton will be introduced and debated in the Legislative Council any time from 12 November onwards.
Groups concerned about the Bill are encouraging people to contact non-government members of the Legislative Council to urge them to vote against the legislation. The Better Planning Network website has information on how to contact Legislative Council members to urge them to vote against this legislation.
Thursday, 22 August 2013
NSW BUREAUCRAT'S ADMISSION ON PROPOSED NEW PLANNING LAWS
Many community members and community organisations have been concerned for months about the NSW Government's proposals for a new planning system for the state. An earlier CVCC post outlined some of these problems. ("Open slather for developers in NSW" - CVCC post of 1 June 2013.)
The campaign of those concerned about the NSW Government's proposed new planning system has been strengthened by admissions from the state's chief planning bureaucrat, Planning and Infrastructure Director-General Sam Haddad.
According to a report in The Sydney Morning Herald of 13th August Mr Haddad confessed that the proposed new laws had "gone further than the government intended."
The campaign of those concerned about the NSW Government's proposed new planning system has been strengthened by admissions from the state's chief planning bureaucrat, Planning and Infrastructure Director-General Sam Haddad.
According to a report in The Sydney Morning Herald of 13th August Mr Haddad confessed that the proposed new laws had "gone further than the government intended."
He also conceded department staff may have unintentionally spread ''inaccurate or
misleading information'' about the changes, touted as the biggest overhaul of
the state's planning system in more than 30 years.
He was
responding to a formal complaint from the Better Planning Network community
group, which claimed statements by department officials at public forums that
the new laws would not reduce ''judicial review rights'' - residents' ability
to appeal planning decisions where the law may have been breached - were wrong. (The Sydney Morning Herald )
The Better Planning Network (BPN) has been campaigning vigorously for many months to have the planning system that replaces the current system made responsive to the needs of the general community rather than just the development industry and the Government. The Government's Planning White Paper and its Draft Planning Bill, which were on public exhibition until recently, centralised planning in the hands of the planning minister and his agents, favoured the development industry, disempowered the general community and made economic development of over-riding importance, downgrading local community concerns and impacts on the natural environment.
Now that the Director-General of Planning has conceded that there are problems with the planning proposals, the BPN has called on the Premier of NSW, Barry O'Farrell, to withdraw the bill.
If you have concerns about the government's proposed planning system, you could sign the BPN's online Petition .
Alternatively, you could email or write to Barry O'Farrell, the Premier of NSW, urging him to withdraw the bill which is likely to come before parliament within three weeks, unless much more pressure is put on the Government to discard the current bill and start again. The Premier's email address is:
office@premier.nsw.gov.au
His postal address is:
The Better Planning Network (BPN) has been campaigning vigorously for many months to have the planning system that replaces the current system made responsive to the needs of the general community rather than just the development industry and the Government. The Government's Planning White Paper and its Draft Planning Bill, which were on public exhibition until recently, centralised planning in the hands of the planning minister and his agents, favoured the development industry, disempowered the general community and made economic development of over-riding importance, downgrading local community concerns and impacts on the natural environment.
Now that the Director-General of Planning has conceded that there are problems with the planning proposals, the BPN has called on the Premier of NSW, Barry O'Farrell, to withdraw the bill.
If you have concerns about the government's proposed planning system, you could sign the BPN's online Petition .
Alternatively, you could email or write to Barry O'Farrell, the Premier of NSW, urging him to withdraw the bill which is likely to come before parliament within three weeks, unless much more pressure is put on the Government to discard the current bill and start again. The Premier's email address is:
office@premier.nsw.gov.au
His postal address is:
Hon.
Barry O'Farrell
Premier
of NSW.
GPO Box
5341
SYDNEY NSW 2001
SYDNEY NSW 2001
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| Lobby Day Earlier This Week Photo Source: BPN |
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