PLANNING REFORM ROADMAP

This paper represents my views and is not the adopted policy of the Coalition for NSW Planning Reform, for which I am spokesperson. I chair the AIA NSW Chapter committee dealing with the planning reforms.

Coalition for NSW Planning Reform – first agenda

Composed of 14 business and professional organisations, the Coalition was formed to press the State Government for planning reform. The chief concerns driving the formation of the Coalition were delays in obtaining planning approvals, the unnecessary complexity of the planning system, difficulty of securing approvals for major development, the persistent (and continuing) shortage of planners and the parochialism inherent in local government decision making.

Former NSW Planning Minister Sartor was a willing party to change. He had already articulated a concern with the unnecessary complexity of the system – 152 LGAs, 5,000 land use zones, 3,000 definitions. Having gazetted a Standard Instrument (model new LEP), the Minister was aware that the development assessment process was also under great strain, as were local government planners. However, efforts to standardise the control of land uses through making LEPs conform to the published Standard Instrument were proving an additional drag on the limited resources of the system.

Minister Sartor received advice that planning reform through the preparation of a new act to replace the complex Environmental Planning and Assessment Act would take up to five years, during which time the problems then (and still evident would not subside. Accordingly, it was agreed by all parties that urgent amendments to the existing act should be the first priority. Discussion of what was to follow the planned changes was left for the future.

First round of changes

Planning reforms agreed between the Coalition and the Minister address the stated concerns as follows:

Where are we now?

Some of the reforms have been implemented. The PAC has been formed. The first Housing Code is now in force. The new Minister has indicated that the JRPPs will commence work after 1 July 2009 but no-one has yet been appointed to these panels. In a departure from the previous minister’s proposals, the size of project to be referred to the JRPPs has been substantially reduced to $10 million generally – this is the cost of a low rise apartment block of about 35 units. The Minister will report to this seminar on progress.

There has been insufficient time for the reforms to begin to have an impact on any of the concerns voiced by the Coalition. The speed of implementation by the Department of Planning is constrained by the same issue as that faced by local government – lack of planners. (One item of good news has been the very recent addition of urban planners to the list of migrant skills sought by Australia.)

Education of the public and local government is an important plank of the reforms. This has been an area where some important improvements have been made and it is gratifying to see them. The very widespread program of seminars on the newly released Housing Code is welcome and should set the minimum standard for future dissemination of information.

Since the reform process commenced in the second half of 2008, the GFC has widened greatly and its impact is yet to be understood. In many ways, the reform process will be critical to the pace of recovery. As one leg of its economic stimulus package, the Federal Government is pouring money into infrastructure projects. It would be economically irresponsible for State or local government to slow the pace of spending by subjecting these projects to a prolonged development assessment process, thus denying the community the benefits of economic relief.

For those who are optimists, a very small change in local government culture may emerge from the present round of reforms. The number of IHAPs is increasing slowly – a positive. Some local councils are working to improve their procedures – another positive move. Leichhardt Council staff has recently implemented some significant administrative improvements in DA assessment and these need greater publicity and emulation.

Some councils are facilitating the process of delaying infrastructure levies in order to allow developers to satisfy the difficult requirements of development financiers – we have a long way to go here because of the restrictions on the availability of credit. However, these are hopeful signs.

Where should we be heading?

The Coalition’s most immediate concerns are to facilitate projects in this very difficult economic climate.

Specifically, the following actions are critical:

• Reassess the quantum and timing of all development levies. The UDIA’s research indicates that NSW is the most expensive state in which to undertake development. We must improve this situation if we are to accommodate our growing population in affordable housing.
• Ensure that the Department of Planning’s case managers can cut through red tape and speed up development projects, especially fringe housing, without compromising key environmental concerns.
• Help local government improve its efficiencies. A very first and simple step would be to investigate what efficient local governments are doing and publicise best practices.
• Create an education campaign to change local government culture. Too often, projects of all sizes are bogged down in controversy over minor issues which have become the subject of local politics. Hopefully, the use of IHAPs and JRPPs will assist. Perhaps IHAPs should be made mandatory as advisory bodies.
• Strengthen leadership in planning. The former Growth Centres Commission was a good model for responsive and community consultative planning.
• Implement, ahead of a new planning act, the more common use of master plans and strategic planning to guide community consultation and decision making.
• Facilitate some forms of rezoning by making the process much like a DA process eg increasing medium density residential areas.

Longer term (five year) objectives

The agreed and primary objective of the Coalition is for a new planning act. There are a host of objectives for the new act, varying from one constituent group to another. Speaking for the AIA (formerly the RAIA) NSW Chapter, the objectives for a new act include ensuring design quality and sustainability are key issues, while enshrining the concept of strategic planning in the plan making process. Other organisations are keen to see plan making simplified further, allowing:

• Flexibility in zoning (perhaps like the about to be abandoned Warringah LEP) so that unexpected development opportunities can be considered
• Greater efficiency in planning (and a consequent decrease in parochial concerns)
• Possible service, infrastructure or council amalgamations where planning and implementation efficiencies can be made
• Implementation of a process by which strata plans may be dissolved for obsolete buildings
• Establishment of a metropolitan Sydney planning body.

In time, no doubt, other objectives will emerge, but this shopping list may be the appropriate starting point. A good survey of what is wanted will come from the submissions made to the NSW Upper House Standing Committee on State Development’s current enquiry. I hope that will set out a comprehensive “to do” list for Planning Minister Keneally and we look forward to working with her and the Department on a new act.