PUTTING COMMUNITIES FIRST REAL REFORM OF THE NSW PLANNING SYSTEM WHAT WOULD A WORLD-CLASS PLANNING SYSTEM LOOK LIKE? Good planning: protects what is precious, encourages what is good and works on a precautionary principle when it is unsure of the impact. engages the community at both strategic level and on individual development applications. is democratic and works to implement ecologically sustainable development. WHERE ARE WE NOW & HOW DID WE GET HERE? NSW Planning system under Labor was broken with escalating developer donations, Part 3A and community resistance. Coalition repealed Part 3A BUT Part 4B is almost the same. Independent Planning Review by Rod Moore and Tim Dyer basically ignored in the Green Paper April 2013 - White Paper. WHAT EXACTLY ARE THE PROBLEMS WITH THE PLANNING WHITE PAPER? NSW Government delivering the “market driven” approach to planning the developer lobby asked for. The main issues are: 1. State Significant Development – Part 3A on steroids 2. Environment and Heritage – Devalued and ignored 3. Councillors and Community – Taken out of the planning process 4. Community Consultation – Government promises all spin PROBLEM 1: STATE SIGNIFICANT DEVELOPMENT & INFRASTRUCTURE: PART 3A ON STEROIDS: 1. Under Labor the Planning Minister had near-total control. Under the Coalition the Minister has total control. 2. Ministerial discretion about what is State Significant Development (SSD) or State Significant Infrastructure (SSI) 3. Environmental, heritage and other protections lost. 4. Strategic Compatibility Certificates on any site to override ALL local planning laws. "The prospect of sizeable windfall gains combined with a wide discretion creates a corruption risk and has been associated with many instances of proven corruption." The ICAC submission to the NSW Planning Reforms) PROBLEM 2: ENVIRONMENT & HERITAGE: DEVALUED AND IGNORED 1. Environmentally Sustainable Development (ESD) is being removed as one of the guiding principles of the Planning Act. 2. E3 zonings will be downgraded to a generic rural zoning, removing most environmental protections. 3. No plans to meet challenges of climate change, such as sealevel rises and extreme weather. 4. Aboriginal and non-Aboriginal heritage decision making moved to the Department of Planning & Infrastructure. 5. Recommendations from the Heritage Council of NSW have been largely ignored. PROBLEM 3: COUNCILLORS & THE COMMUNITY: TAKEN OUT OF THE PLANNING PROCESS 1. The majority of planning decisions will be taken away from local councillors – for strategic and individual developments. 2. Strategic regional planning and zoning decisions made by government dominated Sub-Regional Planning Boards. 3. "Simplified zonings" mean reduced protections. 4. Most developments (up to 80 per cent) will be decided on tick-a-box criteria (set by Sub-Regional Planning Boards) by developer-funded private certifiers. PROBLEM 4: COMMUNITY CONSULTATION: GOVERNMENT PROMISES ALL SPIN 1. Government promised to enshrine community consultation at the heart of planning, White Paper does not deliver this. 2. Planning powers taken from local councils will mean residents are locked out after regional planning. 3. Community participation requirements are threadbare – 28 days for planning policies, and infrastructure and community participation plans. 4. NO legislative guarantees for community participation and no enforcement provisions for Public Participation Charters. HOW ELSE CAN IT BE DONE THEN? SOLUTION 1: WALKABLE, LIVEABLE NEIGHBOURHOODS FOR THE FUTURE, NOT THE DEVELOPER 1. Addressing the challenges of climate change, ESD and minimising greenhouse gas emissions. 2. Sensible infill development in existing suburbs supported by public infrastructure, services and better protected public open spaces. 3. Density and liveability over endless sprawl. 4. Affordable and social housing targets to ease the state’s housing crisis. SOLUTION 2: AN INDEPENDENT STATE PLANNING COMMISSION FOR STATE SIGNIFICANT DEVELOPMENT 1. Genuine state significant infrastructure – transport, power, water, public housing, hospitals, schools, etc. 2. Developments with the highest impacts subject to the highest levels of scrutiny, public consultation and planning controls. 3. An Independent State Planning Commission comprised of community and professional organisations would make decisions on state significant development and include representatives. It would be subject to the approval of parliament and be truly independent. SOLUTION 3: THOROUGH COUNCIL & COMMUNITY PARTICIPATION 1. Elected councils making decisions on local development, in consultation with the local community, without excessive exemptions and loopholes for developers. 2. Long-term engagement strategies to determine planning needs for the state and local communities. 3. Enforceable community rights. The City of Sydney engaged in extensive consultation in preparing their LEP. WHERE TO FROM HERE? 1. Connect with the local community 2. Create local (and statewide) media opportunities 3. Lobby your local member of parliament 4. Make a submission to the Planning White Paper