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This presentation was shown at a briefing to update Local Government on the Planning Bill 2013, on 29 October 2013.
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Update on the Planning Bill 2013 Local Government briefing 29 October 2013
Trish Oakley Executive Director Community and Stakeholder EngagementNSW Department of Planning and Infrastructure
The Hon. Brad Hazzard MP NSW Minister for Planning and InfrastructureMinister assisting the Premier on Infrastructure NSW
Sam HaddadDirector-General Department of Planning and Infrastructure
Marcus Ray Executive DirectorPlanning Reform and General CounselNSW Department of Planning and Infrastructure
The New Planning System Review and Transformative changes
What we’ve heard
ESD
Powerful public narrative
Zones
Appeals
Customer response systems
Concerns regarding E3 & E4 zones changing to rural and residential zones
Consultation on code assessable DAs and shift to 80% complying and code assessable
Concerns about Sustainable Development replacing ESD as an object of the Act
Perceived loss of judicial review rights. Suggestions that community consultation initiatives should be subject to appeal.
Concern that heritage and good design protections are reduced
The role of Strategic Compatibility Certificatesand community input
What we learned through consultation Code assessments
Heritage
SCC
What we’ve heard
Concurrences
Powerful public narrative
ICAC
Resourcing
Customer response systems
Discretionary decision-making
General support for reforms in building regulation and certification
Support for the one stop shop
Council concerns regarding resourcing the changes
General support for upfront engagement
Including VPA and three year timeframes
What we learned through consultation Private certification
Strategic planning
Infrastructure contributions
What has changed in the Planning Bill?
Code assessment
• 80 per cent target for streamlined assessment removed
• Limited to growth areas & precincts serviced by good infrastructure and transport
• No code assessment in low density areas or heritage conservation areas
• Neighbourhood Impact Statement mandatory
• Areas for code assessable development may be nominated by councils
• Councils and communities play a role in deciding where codes apply through
subregional planning boards, where councils will have a majority
Heritage
• More prominence for heritage and Aboriginal heritage
• New environment and heritage planning policy
• Development on all State heritage and Aboriginal heritage must be merit assessed
with full consultation
• DG of Planning must follow Heritage Council advice in one stop shop unless:
There is an unreasonable delay in determining the matter
Cannot resolve conflict with another agency
Environment
• All current environmental protections to be preserved
• No code assessment for projects needing EIS or subject to State, Aboriginal,
heritage or threatened species provisions
• Biodiversity rules strengthened
• Conservation of biodiversity now an object of the Bill
• Existing environment SEPPs transitioned
Consultation
• Minister must consult with the community before major amendments to
strategic plans
• Minister must publish reasons why the plan is being made and how he
considered submissions
Strategic Compatibility Certificates
• Mandatory 28 days consultation with councils and community
• DAs must be lodged within 12 months and lapse if work not started within
two years
• Regional Planning Panels will determine applications for SCCs if council or
25 people object
Judicial Reviews and Appeals
• No restrictions on bringing judicial review proceedings (must be brought
within three months)
• Ability to seek a judicial review of strategic plan making
Infrastructure contributions
• Timeframe for spending contributions extended from three to five years
• Deferred payment at the point of sale – statutory charge on land
• Negotiating with councils and industry to set level of contributions
• Use of VPAs can be extended
Key features retained
• Focus on economic growth and improving productivity
• Triple bottom line approach to consider social, environmental and economic
impacts of development
• Whole of government strategic planning
• Local plans to contain all development controls
• One stop shop to eliminate duplication and unnecessary delays
• Community participation requirements enshrined in legislation
• Regional and local infrastructure contributions to be collected in greenfield and
infill areas
• Existing appeal rights continued
Transition and Implementation• Partnership with local government puts it at front and centre of new system
• Local government to be consulted on new Memorandum of Understanding
between the sector and the department
• Ministerial taskforce involving local government to be set up
• Working closely with councils to implement reforms and develop governance
arrangements
• Comprehensive transition program will ensure no interruption to existing processes
• All existing development consents carried over to new legislation
• Councils have until 2016 to prepare Community Participation Plans
• Key protections such as koala habitats incorporated in new local plans
• Local environmental plans and development control plans will form part of the new
local plans
Jill Reich Deputy Director-General People, Culture and BusinessNSW Department of Planning and Infrastructure
White paper engagement - new approaches
• Submissions – 4926 made through website, email, mail and online feedback
• Community and Practitioner Discussion Sessions – 40 sessions in 18 locations across NSW, 825 attended community sessions, 1335 attended practitioner sessions
• Independent Stakeholder Groups – five groups attended by 250 people
• Deliberative panels – two panels, 38 randomly selected participants
• Community Telephone Survey – representative survey of 2,700 randomly selected people across NSW.
What we learnedCommunity will engage in strategic planning
Broaden reachembed web 2.0 engagement techniques
segment the community Targeted approach
What we learnedCommunity will engage in strategic planning
Broaden reachembed web 2.0 engagement techniques
segment the community Targeted approach
Community Participation in the New Planning System
Duty of planning authority to act consistently with Charter
Local newspapers
WebsitesDisplays in
council buildings
Community meetings
3D modelling
YouTube
Industry forum
Deliberative workshops
Social media
Focus groups
NSW Planning Policy
Local Plan
Regional Growth Plan
Subregional Delivery Plan
Development Assessment
Early community involvement at all stages
Regional Growth Plan
Subregional Delivery Plan
Highest participation
Community Participation Charter
• Charter will for the first time allow every person in the community to be part of an
upfront planning process.
• More scope for councils to tailor statewide codes to reflect local conditions.
1. Transparency2. Proportionate3. Right to be informed4. Early involvement5. Accessibility6. Partnership7. Inclusiveness
1. Transparency2. Proportionate3. Right to be informed4. Early involvement5. Accessibility6. Partnership7. Inclusiveness
Community Participation in the Existing Planning System
Community Participation in the New Planning System (Code Assessment)
Code assessment
• All cumulative impacts considered together through Neighbourhood Impact
Statements
• Extensive community consultation in preparing codes
• Community forums and workshops using 3D modelling of buildings
Complying development
• Increased notification period for residential complying development applications - mandatory 14 days prior to approval and mandatory 7 days before construction
Partnering with local government to deliver the new system
• PlanEd
• Culture Change
• Planning Advisory service
• E-Planning
PlanED education and training initiative
• New initiative to provide education, training and tools for the new system
• Two main objectives:
• System transition –training modules to help transition to the new planning
system
• Capability development - framework for the planning industry, supported by
core capability training modules
Culture: Who we want to be
• Recognise that the planning process will always need to balance interests• Some shared values are evident
– Accountable– Streamlined, simplified, less bureaucratic– ‘More strategic’– Transparent– Evidence-based– Focus on what matters, not process for process’ sake
• Achieving culture change means working out what these mean in practice
Culture change – our approach
• Culture is shared across the system
– Inherent in everything the sector does
– Changing it is everyone’s business
• Action-focussed, not abstract:
– Start by doing things differently and consciously learning from experience
Culture change – our approach
• Collaborate to build on what works
• Modelling the culture we want to see in everything we do
• Informed by rich data and continuous monitoring
– On-going connection with the broader community to give meaning to
accountability
– Enabled by technology
The Culture Change Process
• Broad Forum– Ensure appropriate consultation and input at regular intervals– Build support for change across the sector
• Small working group– To design culture change actions and progress quickly and efficiently
• Resourced by the Department– Secretariat– Reference Group– Data and monitoring
The Culture Change Process
• Currently:– Developing baseline data-gathering and monitoring approach– Planning major kick-off event, to occur before Christmas– Commencing consultation with key stakeholders on design of forum and
process and on building participation in the kick-off event• Working Group to commence operation after kick-off event• First meeting of Forum to be held early 2014
Planning Advisory Service
• New central resource to support community, council staff, councillors, developers,
certifiers and planning consultants through:
• Tailored tools
• Information updates
• Expert technical advice
• Mentoring
• Helpline to be jointly staffed by departmental and seconded council staff
ePlanning
Portal Landing Page
Portal : Multiple Sources of Data – One view
“ONE STOP SHOP” VIEW OF PLANNING INFORMATION
Portal : My Property
ALL PLANNING INFORMATION PRESENTED TO USER IN THE ONE PLACE
ePlanning - Engagement
ePlanning Sponsors and Champions Project
A community of individuals to assist with the rollout and promotion of ePlanning in NSW.
ENGAGED COMMUNITIES, MEANINGFUL SUBMISSIONS, PLAN PROGRESS REPORTING
ePlanning Delivery 2013-14
FROM MOBILE ACCESS PLANNING INFORMATION – COMMUNITY “VALUE ADD”
DP&I
Mobile
A DP&I website for mobile devices.
Link to community information
DP&I Mobile App
Application Tracking Interactive House
UAP 3D Modelling Electronic Housing Code
Question and Answer Session
Where can I find out more:www.planning.nsw.gov.au/planningforourfuture
Twitter: @NSWplanning
#newplanningsystem
Facebook: NSWplanning
Phone: 1800 139 181
Email: newplanningsystem@planning.nsw.gov.au
Update on the Planning Bill 2013 Local Government briefing 29 October 2013
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