22 October, 2013
Planning laws fail to deliver on community rights and environmental protection
The planning legislation introduced to Parliament today puts the interests of developers and industry before local communities and the environment, according the Nature Conservation Council of NSW.
“Government has made a range of concessions in response to widespread community concern about the draft planning laws,” said Pepe Clarke, NCC Chief Executive Officer.
“These changes address a number of the most troubling features of the draft laws, but the legislation introduced to parliament falls short of delivering a fair, sustainable planning system for New South Wales.
The proposed planning system must be judged on its capacity to deliver positive environmental and social outcomes through fair and equitable planning processes.
“The planning legislation introduced today fails that test. The proposed laws remain unbalanced and unfair, placing the interests of developers and industry ahead of the community and the environment.”
Key concerns with the legislation include:
- 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.
“The planning system has an essential role to play in safeguarding nature, protecting public health and sustaining vibrant local communities,” said Mr Clarke.
“The legislation introduced today undermines these important values by subordinating the public interest to the demands of powerful vested interests.”
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Planning and Development
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