Will the incoming Minns Labor Government fix the unholy mess that the outgoing Perrottet Coalition Government made of NSW planning & environmental laws in NSW?

 

The former Baird, Berejiklian and Perrottet coalition governments deliberately put a wrecking ball through NSW planning and environmental law for almost nine years.

The burning question is; 'Will the new Labor state premier, his cabinet and, specifically those he chooses as his ministers for planning and environment, walk back the legislative and regulatory power grab which leaves much of regional New South Wales vulnerable to exploitation?'

This opinion piece by Lindy Smith, President of the Tweed District Residents and Ratepayers Association (TDRRA) in the Echo, 21 March 2023, reflects similar concerns expressed by residents & ratepayers across the seven local government areas of the Northern Rivers region:

 The NSW Planning Rezoning Pathways Program was released the day before caretaker period started for the NSW government on 3 March.

This will service the agendas of developers and land bankers which is very much alive in the Tweed Shire, particularly the Cudgen Plateau, State Significant Farmlands (SSF). Under the guise of the need for housing (which we all agree is needed) there continues to be a failure to acknowledge the herd of elephants in the room – that any new house can be built and purchased for Short Term Holiday Letting (STHL) under the Governments changes to the NSW Environmental Planning & Assessment (EP&A) Act.

Does not increase housing supply

This means that there is no guaranteed actual quantitative increase in the housing supply. While the government’s focus has been driving population growth it has seriously failed in its upkeep of social and affordable housing. In fact they have been selling off such sites.

The questions that the NSW government fails to address are:

What quantity of social housing is to be part of the Program?

What is affordable housing, and where are the plans and mechanisms to provide them? How they will be protected as affordable housing into perpetuity, rather than reentering the private market after ten years?

Undermining local councils

The Planning Rezoning Pathways Program enables the overriding of much statutory investment and work that has been undertaken by local councils and communities. Many local councils and community groups have spent significant time and energy developing locally appropriate planning tools and long-term strategic planning utilising local knowledge which is key to the sustainability and liveability of their communities.

The NSW coalition government swept into power 2011 on the back of the then-controversial Part3A assessment system, promising to give planning powers back to local communities. What we have instead been dealt with is the repeated undermining of the NSW EP&A Act and the NSW state taking over so much more of local communities planning controls.

No public consultation

Further, under the former Premier and former Deputy Premier of NSW development of RegionalEconomic Development Strategies was undertaken with zero public consultation, nor any transparency. These documents only recently came to light in the public arena.

Just two days before the caretaker period the NSW Government then released its program to rezone our Crown lands for development with zero public consultation, nor any process to turn over our Crown land to development.

The mismanagement of our Crown land is well documented with the damming evidence to the Crown lands inquiry and the damming findings of the Auditor-General Report into the Sale and Lease of Crown Lands….

“The definition of stupidity is doing something again and again, and expecting another result”. Coincidentally, this has become the primary definition of any Liberal-Nationals Coalition government formed anywhere in Australia within living memory

 

Robert Stokes first became NSW Minister for Planning and Public Spaces on 2 April 2019 and retained that ministry after Liberal MLA for Epping Dominic Perrottet became NSW Premier in October 2021.

In December 2021 Stokes by way of ministerial directive initiated nine guiding principles of planning reform which he broadly believed would assist government to deliver all the new homes forecast to be required by 2036.

According to Lindsay Taylor Lawyers, 3 December 2021:

On 2 December 2021, the NSW Government published 11 new thematic State Environmental Planning Policies (SEPPs) as part of a consolidation process to simplify the State’s planning policies. All 11 consolidated SEPPs will commence on 1 March 2022.

The consolidated SEPPs are aligned to the Minister’s Planning Principles also released by the Minister for Planning on the same day¹.

The Planning Principles were grouped into the following nine key themes to guide planning and development in New South Wales:

Planning systems — A strategic and inclusive planning system for the community and the environment;

Design and place — Delivering well-designed places that enhance quality of life, the environment and the economy;

Biodiversity and conservation — Preserving, conserving and managing NSW’s natural environment and heritage;

Resilience and hazards — Managing risks and building resilience in the face of hazards;

Transport and infrastructure — Providing well-designed and located transport and infrastructure integrated with land use;

Housing — Delivering a sufficient supply of safe, diverse and affordable housing;

Industry and employment — Growing a competitive and resilient economy that is adaptive, innovative and delivers jobs;

Resources and energy — Promoting the sustainable use of NSW’s resources and transitioning to renewable energy;

Primary production — Protecting and supporting agricultural lands and opportunities for primary production.

On 19 December 2021 Premier Perrottet announced a reshuffling his Cabinet.

NSW Liberal MLA for Pittwater with a PhD in Planning Law Robert Stokes ceased being Minister for Planning and Public Spaces and on 21 December became Minister for Infrastructure, Minister for Cities, Minister for Active Transport.

At the same time Liberal MP for Lane Cove with a Master of Arts (Organisational Communication) Anthony Roberts ceased being the Minister for Counter Terrorism and Corrections and on 21 December became Minister for Planning, Minister for Homes, whose planning duties were formerly within the now defunct Ministry for Planning and Public Spaces.

Thus 2021 NSW leadership rival Stokes seemingly disliked by the Premier, big developers and councils alike for his reform agenda had been well and truly replaced by a minister who is clearly in the Perrottet pro-development at any price camp. There was a faint hint of revenge floating through the air at the time.

What could possibly go wrong? Well this……...

The Sydney Morning Herald, 22 March 2022:

NSW Planning Minister Anthony Roberts scrapped a requirement to consider the risks of floods and fires before building new homes only two weeks after it came into effect and while the state was reeling from a deadly environmental disaster.

Mr Roberts last week revoked a ministerial directive by his predecessor Robert Stokes outlining nine principles for sustainable development, including managing the risks of climate change, a decision top architects have branded “short-sighted” and hard to understand.

But a spokesperson for Mr Roberts said the minister had been “given a clear set of priorities to deliver a pipeline of new housing supply and act on housing affordability” by Premier Dominic Perrottet.

The president of the NSW chapter of the Australian Institute of Architects, Laura Cockburn, said the decision was difficult to understand “after the recent devastating floods and with bushfires still scorched in our memory”.

The revoked directives had sought to address “risk-management and resilience-building in the face of such disasters”, Ms Cockburn said.

“In the midst of our current flood and housing crises, why would a government choose to remove planning principles aimed at disaster resilience, and delivering affordable housing?” she said. “This is a short-sighted decision that could have enduring negative impacts.”

Mr Roberts’ spokesperson said: “The minister did not consider that the planning principles due to take effect on March 1 would assist in delivering his priorities so discontinued the principles and issued a new ministerial direction to that effect.”

Mr Roberts’ move coincides with expectations the government will also scrap or substantially change the new Design and Place State Environmental Planning Policy (SEPP) under consideration for apartments and homes. The policy stresses sustainability, quality and liveability by requiring, for example, better ventilation.

Mr Stokes’ directive on sustainable development, issued on December 2 but in effect from March 1, was designed to simplify the planning system, cut red tape and put people first. It said housing should meet the needs of the present “without compromising those of the future”. It was scrapped on March 14.

These principles are also reflected in the new design policy developed by the office of the State Architect. It is being reviewed.

Mr Stokes directed the planning department, developers and councils to also consult Indigenous landowners, consider the risk of climate change, and provide the public with information about the risks of natural disasters where they developed, lived or worked.

“Land use should be compatible with the level of risk of an area, such as open space or playing fields in flood-prone locations,” Mr Stokes’ statement of principles said.

Many in the property industry expect Mr Roberts will abandon plans for the new Design and Place SEPP……

Stephen Albin, an analyst and principal of consultants Urbanised, advised Mr Stokes on the scotched principles.

He was disappointed to see Mr Stokes’ principles abandoned when NSW’s planning system needed reform. “The definition of stupidity is doing something again and again, and expecting another result,” he said. “We wanted a modern planning system that was inclusive.”…..

NOTES

1. All copies of the Stokes version of Minister’s Planning Principles have been removed from NSW Government websites and replaced by Robert’s new version.

New planning regime announcement by Perrottet Government "smacks of disrespect and contempt for the third tier of democratically elected government, and the communities they represent"

IMAGE: Planning Institute of Australia

NSW Minister for Planning and Public Spaces, Liberal MLA for Pittwater, wannabee premier & pinup boy of the developer set, Rob Stokes (left), was recently boasting that to facilitate urban development "Last financial year we cleared 336 rezoning proposals through the system".

Not content with that rate of urbanisation Stokes has now released a suite of new changes to environmental assessment and planning rules, including the Environmental Planning and Assessment (Statement of Expectations) Order which reserves the right for the Minister for Planning and Public Spaces to intervene where councils are not upholding their responsibilities - as perceived by the minister of the day, lobbyists for the building industry and property developers themselves.

Understandably, some aspects of these changes were not well received at the coal face.

Local Government NSW (LGNSW), media release, 16 December 2021:

Councils furious at ‘disrespectful’ planning announcement

A punishing new planning regime for NSW councils has been described as a follow-up gut punch to councils before the NSW cabinet reshuffle expected this week.

The regime – announced to developers by NSW Planning Minister Rob Stokes yesterday – includes a new planning guarantee requiring councils to refund planning application fees if they do not meet timelines arbitrarily imposed by the State Government.

“This announcement is a second gut punch, following hard on the heels of the lowest rate peg setting in 20 years – a rate so low that councils are already being forced to consider cuts to services, infrastructure and jobs,” Local Government NSW (LGNSW) President Darriea Turley said.

“It was dropped at a developers’ lunch 10 days before Christmas, and before the councils elected at the 4 December elections have even been declared by the NSW Electoral Commission, let alone had a chance to meet.

“The Minister is no doubt rushing to lock in what he sees as his legacy before he is moved out of the portfolio in the upcoming Cabinet reshuffle, but this announcement smacks of disrespect and contempt for the third tier of democratically elected government, and the communities they represent.”

A media release issued by Minister Stokes foreshadowed:

• one-size-fits-all maximum timeframes for assessments and determinations by councils

• A new planning guarantee requiring councils to refund planning application fees if they do not meet government-imposed time frames

• Ministerial intervention powers if the Government believes councils are not upholding their responsibilities.

Cr Turley said it was particularly rich for the Minister to be claiming he was simply asking councils to meet the same standard of timeliness and certainty on rezoning and development applications as the NSW Government.

“It is not uncommon for the Department of Planning, Industry and Environment to take more than a year to assess planning proposals by councils,” she said.

“Where is the recognition that the development industry often submits partially complete or wildly speculative proposals well outside the approved strategic plans for the area, slowing the process?

“Where is the recognition that councils are already grappling with a plethora of other changes pushed through by this Minister – changes that are impacting their systems and processes, and placing additional strain on an already-strained workforce?

“These include having to recalibrate their systems to integrate with the Planning Portal; amending, developing and updating their land use plans; preparing new plans and implementation strategies for housing and employment; changing the names and definition in their polices and plans; increasing their planning and development reporting – all with significant shortages of planning staff.

“Planning is a critical function jointly delivered by local and state governments, and communities deserve a co-designed system.

“Local government has always committed to working with the Minister for Planning to provide a genuinely collaborative system that delivers the best outcome for the people of NSW.

“We are profoundly disappointed the outgoing Minister has decided to leave our sector on such a negative note”.