Planning for Non Planners – the Waterloo Context Peter Phibbs

What is urban planning? “Strategic Planning” (forward planning) - policy formation “Development Control” – policy implementation

Policies and plans Plans express / implement policy ‘Planning instruments’ – generally statutory documents, mix of regulations and incentives, often a map – what can happen where

Planning in Australia Limited Commonwealth involvement State governments traditional source of land use law Local governments – beholden to States and State legislation subdivision, building control and infrastructure planning and development assessment Degree of local discretion

STATE / TERRITORIAL LEVEL NATIONAL LEVEL (Tax, international treaties, foreign trade, matters of “national environmental significance) STATE / TERRITORIAL LEVEL (Environmental planning and assessment, environmental protection, natural and cultural heritage, transport, roads, education, housing, agriculture, forestry etc.) LOCAL LEVEL (Detailed local land use planning, development assessment, water and sewer, local community services and infrastructure, waste management)

Growing Pains of the NSW Planning Act

Local planning authority Local Government Local planning authority Detailed land use plans for their area Development controls, codes and policies Subdivision, building, conservation Assess development, regulate construction

Basic Planning Process Strategic Planning Development Control

1. Strategic planning (forward planning) Objectives Land allocation – land use zones or categories

Strategic Planning (cont) Rules to control types of development within zone / area What is / is not permissible

Strategic Planning (cont) Consultation Public exhibition of plan

2. Development Control/Consent Development application Private or public developer lodges application with responsible planning authority Authority assesses against rules Consultation with public Approval / refusal / review of decision?

Strategic environmental planning under the Environmental Planning & Assessment Act 1979 EPAA provides for state, (regional) and local Environmental Planning Instruments: State Environmental Planning Policy (SEPP) – Deals with an issue of “state significance” Local Environmental Plans (LEP) – Main instrument for land use control in NSW

Status of EPIs Legally binding on developers, councils & other public authorities Provisions for legal action for breaches of EPAA & EPIs Hierarchical relationship between SEPPs, LEPs, DCPs

3. Local Environmental Plans Principal–decision making framework for an entire place – typically a local government area 2. Amending – legally changes another LEP – eg. to change zoning of a particular site or to introduce new development control provisions

Standard Instrument Prescribed format 35 standard zones (inc. standard zone objectives and mandatory permitted / prohibited uses) Standard definitions Standard clauses

4. Other important local documents Under EPAA: Development Control Plans (DCPs) Contributions Plans Voluntary Planning Agreements (VPAs)

Finding LEPs and the Act You can start with the NSW Legislation website www.legislation.nsw.gov.au Use the search function to find what you are looking for Eg tick the EPI box and search for LEP

Development control plans (DCPs)

Development Control Plans Same issues as EPIs, but much more detail Must be consistent with applicable EPIs Wide variety in scope and format Place based or issue based (soon just place based) Wide range of purposes – development standards, land use, landscaping, procedures for DAs Made by resolution of Council (following exhibition, submissions) Provisions not legally binding

DCPs – Recent amendments to the Act Applications should be compliant with the LEP but the DCP is only for guidance A failure to strictly comply with the standards in a DCP should not, of itself, be a reason for refusing an otherwise compliant development. Marrickville Council DCP

Voluntary Planning Agreements A voluntary planning agreement (VPA) is an agreement entered into by a planning authority and a developer. Under the agreement a developer agrees to provide or fund: public amenities and public services affordable housing transport or other infrastructure

VPAs (cont) Contributions can be made through: dedication of land monetary contributions construction of infrastructure provision of materials for public benefit and/or use

VPAs (cont)

Contribution Plans Under section 94 of the EPAA, Councils can levy developers for a range of services They need to publish a contributions plan detailing these charges and outlining the nexus or connection between the development and the charge

Contributions Plans (cont) There is a cap on the charge set by the State Government which is: $30,000 per dwelling/lot in greenfield areas and $20,000 per dwelling/lot in established areas There is also a limit to what items it is possible to charge developers for.

Development Assessment

Development assessment process Application Lodged The applicant lodges their development application, plans and supporting information (such as a statement of environmental effects or for designated developments an environmental impact statement) with the consent authority.

Approval to begin work If the development involves construction work the applicant must apply to the council, the Minister or an accredited certifier for a construction certificate. The construction certificate certifies that the work the applicant intends to do will comply with required standards. These must be consistent with the plans lodged with the DA and it must be clear that any building work will comply with the Building Code

Development assessment Minister State significant infrastructure /Precincts (SSI/SSP) PAC State significant development(SSD) District Panel Regional Council Local Certifier Complying

State Significant Precincts They are typically large sites owned by the state government that are of state or regional importance for:   achieving government policy objectives, particularly those relating to increasing delivery of housing and jobs  environmental or natural resource conservation  heritage or historical significance. These sites can play a particularly important role in increasing the supply of housing and employment in key locations, and improving housing choice and affordability. 

SSP PROCESS The amendments to the zones and planning controls for State Significant Precincts can be made through a State Environmental Planning Policy.  This can be approved by the Minister for Planning. In most cases, the State Environmental Planning Policy will amend the relevant local environmental plan(s). These amendments will be supported by more detailed planning controls set out in a development control plan.

Steps in a SSP Process step PROCESS 1. Minister for Planning determines: that it is a matter of state or regional environmental planning significance the public consultation requirements 2. Department issues State Significant Precinct study requirements 3. A State Significant Precinct study is prepared including proposed planning framework  4. Department co-ordinates Public Exhibition  5. A response to submissions is prepared  6. Department’s recommendation and draft SEPP and maps submitted to Minister  7. Minister for Planning approves planning framework and development applications can now be submitted 

Study requirements In issuing any requirements for the study, the Department of Planning and Environment will consult relevant state agencies and local councils. For example in this instance the City of Sydney has been consulted on the requirements

Exhibition and consultation The Minister will determine the public consultation requirements for the proposed State Environmental Planning Policy as required under section 38 of the Environmental Planning and Assessment Act 1979. This will typically involve public exhibition of the proposal and a statement about the intended effect of the proposed State Environmental Planning Policy for a minimum of 30 days with an invitation to the public to make written submissions. A copy of the study will also be sent to the relevant state agencies and local councils for comment. When submissions are received the Department of Planning and Environment will consider the matters raised. A report would then be prepared responding to the key issues made in submissions and making any necessary changes to the proposal.  

Department’s assessment The Department of Planning and Environment’s assessment will consider the exhibited study, issues raised in submissions and the response to submissions report. It will also consider implications of the proposed changes in land use and provide recommendations to the Minister for Planning relating to the state or regional planning significance of the precinct the suitability of the precinct for any proposed land use the implications of any change in land use. The Department of Planning and Environment will also make a recommendation to the Minster for Planning on the planning framework which should apply to the precinct, including land use zones, permissible uses and height of building and floor space ratio controls.

Minister’s determination Following consideration of the Department’s assessment report, the Minister for Planning must determine as to whether to recommend to the Governor the making of the proposed State Environmental Planning Policy under section 37 of the Environmental Planning and Assessment Act 1979. Following the making of the State Environmental Planning Policy the more detailed development controls would be further considered and adopted by the Secretary of the Department of Planning and Environment or the relevant local council. 

Delegate decisions Establish Planning Assessment Panel to consider a large proportion of state significant DAs Important or cross boundary projects to be determined by Joint Regional Planning Panels

Matters for Sydney Planning Panels Development with a CIV over $20 million (lower thresholds in some cases) Undetermined application in certain circumstances Undetermined planning proposal requests and decision reviews NB – CIV is Capital Investment Value www.jrpp.nsw.gov.au/AboutUs/tabid/64/language/en-US/Default.aspx

Membership of Planning Panels Each of the six district panels consists of five members; The District Commissioner amd two experts nominated by the Minister and two members nominated by the local council of each Local Government Area.  They will begin operating in late 2016

Rezoning A rezoning is a change to the zone of a parcel of land. This can increase or decrease the range of permissible uses for a site or change the development standards that are applicable. Land can only be rezoned through a formal amendment to the LEP.

The NSW Planning portal http://www.planningportal.nsw.gov.au/ Using technology to provide better more focussed customer service

Exercise: Finding planning information about an address