0. Planning for Non Planners – the Waterloo Context
Peter Phibbs

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

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

3. 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

4. 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)

5. Growing Pains of the NSW Planning Act

6. 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

7. Basic Planning Process
Strategic Planning
Development Control

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

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

10. Strategic Planning (cont)
Consultation
Public exhibition of plan

11. 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?

12. 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

13. 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

14. 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

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

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

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

18. Development control plans (DCPs)

19. 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

20. 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

21. 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

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

23. VPAs (cont)

24. 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

25. 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.

26. Development Assessment

27. 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.

28. 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

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

30. 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. 

31. 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.

32. 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 

33. 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

34. 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.  

35. 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.

36. 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. 

39. 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

41. 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

42. 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

43. 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.

44. The NSW Planning portal
Using technology to provide better more focussed customer service

45. Exercise: Finding planning information about an address