28 November, 2013
Struggle for a fair and balanced planning system continues
Despite substantial amendments made in the NSW Parliament’s Upper House, the Planning Bill remains a deeply flawed piece of legislation that puts communities and the environment at risk, according to the Nature Conservation Council of NSW.
“These proposed laws are unfair and unbalanced because they put the interests of developers before the needs of the broader community and the protection of the natural environment,” NCC Chief Executive Officer Pepe Clarke said.
“The Bill fails to deliver the fair, balanced and environmentally responsible planning system that New South Wales needs. Under the proposed laws, developers would have new rights to override local plans and challenge council zoning decisions, placing existing environmental protections at risk. The Bill also breaches the government’s pre-election promise to return decision-making powers to the community.”
Mr Clarke said Labor and crossbenchers in the Upper House had removed some of the more odious elements of the Bill, particularly the contentious code assessment provisions that would have denied people a say in a broad range of local development decisions. However the Bill is still deeply flawed because:
- It would give developers more rights than other citizens. Developers will have new rights to override local plans and challenge council zoning decisions, with no corresponding rights for affected community members.
- It would permit use of strategic compatibility certificates that would deliver massive windfall profits for developers, increasing corruption risk in the system. The Independent Commission against Corruption raised concerns about the broad, unfettered discretion given to key decision makers, including the Minister for Planning and the Director-General of the Department of Planning and Infrastructure. These concerns persist.
- It would diminish the role of expert agencies in assessment of high-impact developments. The Planning Department will be empowered to approve high-impact developments like coastal subdivisions, marinas and piggeries without approval from expert agencies, including DPI Fisheries, the Office of Environment, and Heritage the Environment Protection Authority.
- It would largely deny communities access to the courts to appeal decisions. Restrictions on merit appeals will be maintained, despite repeated calls from ICAC to expand third-party merit review rights.Third-party merit review rights enhance development approval decisions and reduce corruption risk by subjecting decisions to judicial scrutiny.
“Many of the improvements made to the Bill, both before it was tabled in parliament then as the result of amendments in the Upper House, have been a direct result the work of numerous grassroots organizations,” Mr Clarke said.
“These groups have mounted a positive and sustained campaign to achieve the best outcome for communities and the environment, and they are committed to continuing the struggle.”
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Planning and Development
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