1. CHANGES TO THE NSW PLANNING LEGISLATION- The Brave New World GREG WOODHAMS Environmental Services Director Willoughby City Council

2. THE MAJOR CHANGES New approval bodies - Planning Assessment Commission instead of Minister for State Significant Projects. - Joint Regional Planning Panel, residential, mixed use and commercial/retail over $10m and major Council DAs, Crown development, ecotourism or private infrastructure over $5m. - Planning Arbitrators (applicant can request review of Council decisions or if over 50 days). Objector requests for review of Council decisions (over 25% variation of standards) Council may appoint IHAPs. Minister may direct a council to operate an IHAP. More Council powers to enforce unauthorised building work and to issue fines. New exempt and complying development: - Single dwellings; 2 storey dwellings - No notification - Local variations Key community infrastructure contributions – stricter tests.

3. Functions  Independent advice to Minister on DAs, Environmental Planning Instruments (EPIs) and other planning matters  Part 3A applications delegated by Minister if a conflict of interest or in Ministers electorate  Determine DAs where no JRPP  Review body for JRPP decisions & third party reviews Membership  8 permanent members plus Chair  Minister can also appoint casual members PLANNING ASSESSMENT COMMISSION (PAC)

4. Functions  Advise Minister on DAs, LEPs and planning matters  Replaces Council as consent authority for matters over $10m, Crown DAs, Council DAs or major infrastructure  Review body for Council decisions not covered by Planning Arbitrators and third party objector reviews  Guidelines to Detail Procedures and Functions Membership  5 members (3 Minister appointed, 2 Council nominees)  3 year appointment JOINT REGIONAL PLANNING PANELS (JRPP)

5. Functions  Determination and review of “minor development” (<$1 million) if requested by applicant  Informal decision review process (lawyer-free) if an application is refused, delayed(>50 days) or if conditions imposed that applicant opposes  Guidelines to detail procedures and functions Membership  Director General administers list of Minister-endorsed candidates  Appointed as required PLANNING ARBITRATORS (PA)

6. Key Community Infrastructure  Local Roads  Local Bus infrastructure  Local Parks  Local Sporting, recreational, cultural, civic & social services facilities  Local Drainage and stormwater management works  Land for any above (except land for riparian corridors)  District infrastructure for above but only in direct connection with development  PLUS –any “additional community infrastructure” (needs Ministerial approval) DEVELOPMENT CONTRIBUTIONS

7. Critical Infrastructure NEW PLANNING LEGISLATION DO IT COUNCIL / CERTIFIER Yes Council DA Yes Check CD Code Check ED Code No Council DA JRPP Minister (no appeal) PAC LEC if no public hearing LEC PA It is exempt development? Is it complying Development? Is it Local development/ Planning arbitrator matter? Is it part 3A? Is it JRPP? Appeal Objector Appeal (Designated) Appeal Objector review Applicant review Appeal Review If Council agrees to applicant appeal Objector review JRPP PAC Applicant Appeal unless public hearing

8. REVIEWABLE DETERMINATIONS / APPEALS Council (Note:Once a matter has been reviewed it cannot be referred to another reviewing body for further review. Council is not designated as a “Reviewing body”) PAC ( if not JRPP) PAC ( if not JRPP) Council JRPP Planning Arbitrator Review Planning Arbitrator Review Council Review Public Hearing No Public Hearing Council JRPP PAC JRPP DA No Appeal Right No Appeal Right Appeal Applicant Objector Review Objector Review

9. PLANNING ARBITRATOR (PA) Neighbour Notification posted includes: Standard letters A4 plans Grounds for review PA contact details Council Determination: Deemed refusal Condition of Development Consent or S96 Deferred Commencement Refusal (non compliance with Act or Regs) PA prepares a Report and notice of determination for: Person who applied for Review Objectors Council Neighbour Submission period closes. Any late Submissions at the discretion of PA. Neighbour Submissions are forwarded to PA Applicant may if dissatisfied lodge application to L&E Court within 3 months of notice S.97(6). Council contacts Dir. Gen. DOP. (7 days) Arbitrators are nominated one or two are appointed Council is notified of PA appointment + contact details Council Determination: Deemed refusal Condition of Development Consent or S96 Deferred Commencement Refusal Applicant lodges Review Application. (28 days) Fees paid Plans Grounds for Review Acknowledgement If Council agrees Appeal to L&E Court S.97(5) (Then no review) Applicant for Review advised of details of appointment of PA Council contacts PA: Letter of engagement Documentation required Indemnity Council provides PA with: Letter of key facts/issues Copy of file report LEP/DCP Plans Councils Admin Section: Confirm date, time and location for hearing Inform applicant and objectors Book meeting room if required Where site meeting, make necessary arrangements Council records Notice of Determination PA issues Notice of Determination within 21(?), 28(?) days of lodgement Where PA is granting consent must endorse on Notice date from which consent or consent as varied operates. Where determination changed – date of Review is required. PA is to give Council notice of available dates/ times for review hearing and a site inspection PA to conduct Review hearing in accordance with procedures prescribed in regulations representation by legal practitioner at the leave of the PA.

10. JOINT REGIONAL PLANNING PANEL (JRPP) – SECTION 96E STEPS – OBJECTOR REVIEW OF COUNCIL DECISIONS Submission period closes. Any late submissions at the discretion of JRPP Submissions are forwarded to JRPP within (7) days of expiry Submission period closes. Any late submissions at the discretion of JRPP Submissions are forwarded to JRPP within (7) days of expiry JRPP prepares a Report which includes reasons for decisions and explanation as to why the recommendation of Council staff had not been followed. A notice of determination is to be provided to : Person who applied for Review  Applicant  Objectors  Council JRPP prepares a Report which includes reasons for decisions and explanation as to why the recommendation of Council staff had not been followed. A notice of determination is to be provided to : Person who applied for Review  Applicant  Objectors  Council  Council notifies JRPP Secretariat of review application. Sends acknowledgment to objector   Council notifies JRPP Secretariat of review application. Sends acknowledgment to objector  Councils Admin Section: Confirm date, time and location for hearing Inform applicant and objectors Book meeting room if required Where site meeting, make necessary arrangements Councils Admin Section: Confirm date, time and location for hearing Inform applicant and objectors Book meeting room if required Where site meeting, make necessary arrangements Objector may apply to Planning Assessment Commission for a Review where a “Public Interest” Development 96E(5) (but see 96J(6) no second review Objector may apply to Planning Assessment Commission for a Review where a “Public Interest” Development 96E(5) (but see 96J(6) no second review Objector may appeal to L&E Court within 28 days from determination for designated development.. Council decision Satisfies objector. Review criteria S.285 Council decision Satisfies objector. Review criteria S.285 Notification is prepared by Council and posted, includes: 1 km notif. area Standard letters A4 plans Grounds for review JRPP contact details Notification is prepared by Council and posted, includes: 1 km notif. area Standard letters A4 plans Grounds for review JRPP contact details Council provides JRPP : Letter of key issues Copy of file report LEP/DCP Plans (may be amended by applicant) Council provides JRPP : Letter of key issues Copy of file report LEP/DCP Plans (may be amended by applicant) Council officer will provide facts and previous assessment JRPP is to give Council notice of available dates/ times for review hearing and necessity for a site inspection Objector lodges Review Application with Council for JRPP: Fees paid Grounds for Review lodged Objector lodges Review Application with Council for JRPP: Fees paid Grounds for Review lodged JRPP issues Notice Determination within 28 days of lodgement. Where JRPP is granting consent must endorse on Notice date from which consent or consent as varied operates. JRPP issues Notice Determination within 28 days of lodgement. Where JRPP is granting consent must endorse on Notice date from which consent or consent as varied operates. JRPP to conduct Review, including public meeting, allowing notified persons to be heard. Legal representation not permitted without leave. All submissions considered. JRPP to conduct Review, including public meeting, allowing notified persons to be heard. Legal representation not permitted without leave. All submissions considered. Applicant may if dissatisfied lodge application to L&E Court within 3 months of notice

11. Joint regional planning panel (JRPP) applications Notification According to Regs or DCP by Council (21 days?) Applicant, objectors advised of meeting Applicant lodges application according to criteria (Council or JRPP Secretariat) File and documentation prepared for JRPP application acknowledged Council officer prepares assessment report for JRPP with recommendation JRPP meeting arranged - on-site - at Council Referrals - internal - external Objector may request review by PAC subject to criteria Applicant may appeal to LEC JRPP issues notice of determination with 60 days of lodgement JRPP makes decision either adopting recommendati on or varying it. Council records on DA Register, advises parties and copy to DOP website of Determination JRPP commenced and meeting held. Parties heard

12. COMPLYING DEVELOPMENT Preparation: Can I get a CDC for what I want? - Apply for a Complying Development Requirements Certificate Preparation: Can I get a CDC for what I want? - Apply for a Complying Development Requirements Certificate Day 1 Day 7-9 Day 10 Day 2-6 Encourage applicants to talk to neighbours Encourage applicants to talk to neighbours Encourage applicants to meet with council officer for pre-CDC Encourage applicants to meet with council officer for pre-CDC Completion: Occupation Certificate issued Submission to Council or CD Certifier: - CD application - Checklist - Construction Plans - BASIX Certificate Council Officer or Certifier: 1. Checks compliance 2. Checks no exclusion 3. Inspect site 4. Technical referrals 5. Check standard requirements * CDC (May not be refused if complies) Prepare Complying Development Certificate - Stamp Plans 1. CDC and Plans available 2. Applicant pays deposits, Home Building Levy etc., and S.94 fee 3. CDC/Plans collected Design: Does the design comply with all CD code controls? 1. Streetscape 2. Bulk and Scale 3. Setbacks 4. Building Elements 5. Open Space 6. Garages 7. BASIX 8. BCA Post CDC: - Regulations require notification of adjoining neighbours of issue of CDC. - Documentation filed. Applicants appoints Principal Certifying Authority (Council or another Certifier) Applicant to give 2 days notice to PCA before work; Do site preparation works Commence demolition and construction; Ongoing inspections by PCA.

13. Complying Development  Standards set out in SEPP (applies to all Councils);  Allows single and 2 storey houses (demolition and new building) as complying development;  Complying Development Certificate (CDC) must be issued if it complies with the standards (Compliance = Acceptability)  Can be issued by Council or Private Certifier  DoP Guidelines and FAQ Sheets available  Many areas of Willoughby excluded (Conservation Areas;2(a2) zones; flood prone; bushfire prone)  Main differences are higher floor area allowed, less landscaping, no OSD provision, less strict sunlight, privacy and view impact controls, less side setback standards for lots over 900sqm.  Need TPO approval to remove a tree before CDC  No power to revoke or modify a CDC or stop work if complying  Neighbours within 40 m receive courtesy notice 2 days after CDC issued

15. Implications for Artarmon  NSW Housing Code does not apply in the Conservation Area or 2(a2) zone but applies in other residential areas (and will also apply to industrial area and business zone);  CDC may be issued by private certifier with no prior Council (or neighbour) contact- 5 year certificate  Character of some streets may change over time  Value of properties and good housing stock means that scope for major change ( demolitions and basic project homes) is small  Residents may be angry about CDC on adjoining site (lack of notice, powerless, fear of change, amenity impacts)  Faster approvals for some applications  Importance of TPO protection  FSR now (600sqm lot) :270sqm; under Code : 380sqm (but includes garage)  Setbacks: generally more under code  Landscaped Area now (600sqm lot):240sqm ; under Code:150sqm

16. 1.Complying Development  Internal procedures  Responding to enquiries  Community education and information  Complying development Planning Certificate-new clause in s. 149 Certificate  2 Codes apply for 12 months (CDC Code and DCP) 2.JRPP  Appointment of Council members  Process for reporting to JRPP and Council (development over $10m) MAIN IMPLICATIONS FOR COUNCILS

17. 3. Planning Arbitrators  Internal procedures  Council must defend decisions of Arbitrator if appealed to Court  Community information to explain new process 4.Decide IHAP or no IHAP 5.Prepare New S.94A and S.94 Contributions Plans 6.Change in role for Councillors away from consents 7.Faster turnaround times? 8.Reduced DA revenue (CDC, PA, JRPPs). MAIN IMPLICATIONS FOR COUNCILS

18. MAIN IMPLICATIONS FOR COMMUNITY Complying Development  No notification of Complying Development (2 day courtesy notice of approval given)  Merit issues (overshadowing, privacy and views) deemed to be acceptable if complies  No easy mechanism to challenge certificate (complain to Private Certifier or Council but no power to revoke or modify if complies) JRPP  Major developments dealt with by State appointed majority on Panel not Councillors  Community to make Submissions to JRPP not Council Planning Arbitrators  Requested by applicant not resident.  Confusing new process for objectors- No Ward meetings if called to Arbitrator.  No legal representation  Faster DAs but less negotiated outcomes

19. MAIN IMPLICATIONS FOR DEVELOPERS / APPLICANTS 1.Complying Development  Faster approvals for some housing  More / different problems with compliance and enforcement  Lower holding charges  More choice to use certifiers for housing  Less confrontation with Council and neighbours 2.JRPP  Faster / slower approval?  Less “politicisation” of some DAs  Uncertainty about performance of different JRPPs and JPPR members  Harder legal representation

20. MAIN IMPLICATIONS FOR DEVELOPERS / APPLICANTS 3.PAC  No appeal right of public hearing held  Most applications still through Minister not PAC 4.s.94 / s.94A  More transparent and accountable administration of contributions  State levies to add to development costs 5.Planning Arbitrators  Faster approvals / refusals  External (independent?) review of decisions  Fewer appeals; lower appeal costs  Harder legal representation

21. Planning Reforms for NSW: Dolphin or Cow