Both
Houses of the NSW Parliament effectively went into end of year recess
on 22 November 2024, with only five days of supplementary budget
estimates hearings remaining between 2 to 6 December 2025 before the chamber
doors closed until 11 February 2025 when both Houses begin the 2025
parliamentary calendar year.
The
NSW
Minns Labor Government waited
until Friday 20 December 2024 to announce on its Inside
State Government
website that it had formally established the Housing
Delivery Authority (HDA).
The
three-person
HDA decision makers
were revealed to be senior public servants the Secretary
of the Premier’s Department Simon
Draper, the Secretary
of the Department of Planning, Housing and Infrastructure
Kiersten Fishburn and the Chief
Executive Officer of Infrastructure NSW,
Tom Gellibrand. Although the HDA is nominally responsible to the
Department of Planning, Housing and Infrastructure, these decision
makers have been handed what appears to be almost unfettered power to
accede to property developers' board and shareholder desire for
corporate & personal enrichment commencing from today, Thursday 8
January 2025, when developers can begin to submit
Expression
of Interest to the HDA for major housing developments above
approximately $60 million in Greater Sydney and $30 million in
regional NSW.
The
HDA intends to meet monthly to consider proposals against the EOI
criteria and make recommendations to the Minister for Planning and
Public Spaces on whether to declare these proposals as State
Significant Development.
The
HDA has been created to give property developers a way to bypass
local government councils & regional planning panels, as is
clearly stated in the state government's media
release:
Proponents
can still choose to follow the existing regionally significant
development pathway assessed by councils and determined by planning
panels, but the establishment of the HDA and the new SSD pathway will
give them another option for major residential developments.
On
20 December the Dept. of Planning also published the Housing
Delivery Authority SSD criteria,
which stated in part that the HDA will
apply flexibility in their evaluation of proposals against the
criteria with preference being given to projects which meet the
criteria and could commence construction quickly.
What
could possibly go wrong?
Local
Government NSW (LGNSW),
media
release,
20
December 2024:
New
year, new rules: government sides with developers over local voices
Today's
confirmation of eligibility criteria for the State Government’s new
Housing Delivery Authority (HDA) has generously presented developers
with the freedom to exceed development standards by up to 20 per
cent, giving greater opportunities for profit-driven land banking,
and no mandated requirement to meaningfully provide affordable
housing. [my
yellow highlighting]
Local
Government NSW (LGNSW) – the peak body for NSW councils – says
the HDA will further weaken the role of community-led strategic
planning while doing nothing to address real barriers to housing
delivery such as land banking, skills and labour shortages and
soaring costs of materials and labour.
LGNSW
President Cr Darriea Turley AM said today's announcement would be
viewed by developers as an early Christmas present.
“Far
from the season of giving, these planning changes will leave local
communities empty-handed while big developers celebrate,” Cr Turley
said.
“Until
now, details of the HDA have been limited, but the NSW Government has
confirmed today that it's basically handing the keys to planning
rules over to developers, while local communities will be sidelined
in decisions about what happens in their towns and suburbs.
“The
new three-person HDA will be receiving EOIs from large developers and
recommending these bypass councils and instead progress through state
assessment and Ministerial determination."
Cr
Turley said that while councils across the state supported efforts to
accelerate housing delivery, they opposed the move to establish this
new planning body and state-assessed planning pathway.
“This
is not only because of the concern about bypassing local councils,
but fundamentally, but also because it opens the planning system to
more ad hoc proposals, disregarding local strategic plans and risks
adding more uncertainty to the planning system,” Cr Turley said.
“The
NSW Government is continually shifting the planning goalposts for
communities and developers. Developers now know that if they continue
to delay construction on already approved sites, they only have to
wait for the next rule change when they’ll be able to generate even
greater profits.
“Councils
acknowledge the need for new and more diverse housing in well-located
areas across NSW, but maintaining strategic, evidence-based planning
and doing this in a collaborative way, is critical.
“Unfortunately
for the NSW community, there is no requirement that developers who
receive approval under this pathway must actually deliver the
promised dwellings – just that they must demonstrate a capability
to do so.
“There
is nothing in the planning system to compel them to build. This
toothless aspiration opens the planning system to more land banking
by developers in search of even greater profits.
“And
despite this new planning pathway allowing proposals to exceed
development standards by up to 20 per cent there is no clear mandate
for a meaningful contribution to affordable housing, nor that any
affordable housing will remain in perpetuity.
“Rather
than the vague requirement for a ‘positive commitment to affordable
housing’, the requirements should clearly mandate what is required
at the outset, to allow developers to factor this into their EOI for
this pathway."
Cr
Turley called for Minister Scully to consider targeted collaboration,
rather than blanket policy that bypasses councils.
“When
first announced last month, councils resolved to condemn this new
spot-rezoning and State approval pathway, which will deliver windfall
gains for developers while removing safeguards that protect
communities from inappropriate overdevelopment,” Cr Turley said.
“Rather
than layering another blanket, statewide policy on the planning
system, efforts to improve approval pathways for housing would be
more effective if they focused attention and support where it is
needed to overcome specific issues and to reach jointly agreed
planning outcomes with councils for their communities.
“Any
accelerated process must not compromise infrastructure provision,
build quality, environmental considerations, public safety,
liveability and other planning outcomes.”
NOTE
LGNSW,
media release,
23 December 2924, excerpt:
Cr
Turley is an elected member of Broken Hill City Council which, at its
November meeting, resolved to resign from LGNSW – the peak body for
local government across the state.
Despite
being democratically elected by members as President in December 2021
and again in November 2023, Cr Turley is no longer eligible to hold
office as her council no longer forms part of the membership of the
peak body.
In
accordance with the Rules for LGNSW, the remaining 11 months of her
term will now be served by the current Vice-President
(Rural/Regional) , who is Mayor Phyllis Miller from Forbes Shire
Council. Mayor Miller will serve until the next scheduled general
election due to take place at the LGNSW Annual Conference in November
2025.