Planning Bill 2013: Update for Local Government 29 October 2013


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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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  • Planning Bill 2013: Update for Local Government 29 October 2013

    1. 1. Update on the Planning Bill 2013 Local Government briefing 29 October 2013
    2. 2. Trish Oakley Executive Director Community and Stakeholder Engagement NSW Department of Planning and Infrastructure
    3. 3. The Hon. Brad Hazzard MP NSW Minister for Planning and Infrastructure Minister assisting the Premier on Infrastructure NSW
    4. 4. Sam Haddad Director-General Department of Planning and Infrastructure
    5. 5. Marcus Ray Executive Director Planning Reform and General Counsel NSW Department of Planning and Infrastructure
    6. 6. The New Planning System Review and Transformative changes
    7. 7. What we’ve heard ESD What we learned through consultation Powerful public Code narrative assessments Zones Appeals Customer response Heritage systems SCC Concerns about Sustainable Development replacing ESD as an object of the Act Consultation on code assessable DAs and shift to 80% complying and code assessable Concerns regarding E3 & E4 zones changing to rural and residential zones 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 Certificates and community input
    8. 8. What we’ve heard Concurrences What we learned through consultation Powerful public Private certification narrative ICAC Resourcing Customer response Strategic planning systems Infrastructure contributions Support for the one stop shop General support for reforms in building regulation and certification Discretionary decision-making Council concerns regarding resourcing the changes General support for upfront engagement Including VPA and three year timeframes
    9. 9. What has changed in the Planning Bill?
    10. 10. 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
    11. 11. 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
    12. 12. 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
    13. 13. 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
    14. 14. 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
    15. 15. 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
    16. 16. 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
    17. 17. 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
    18. 18. 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
    19. 19. Jill Reich Deputy Director-General People, Culture and Business NSW Department of Planning and Infrastructure
    20. 20. 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 learned What we learned Community will engage in strategic planning Community will engage in strategic planning Broaden reach Broaden reach embed web 2.0 engagement techniques embed web 2.0 engagement techniques segment the community segment the community Targeted approach Targeted approach
    21. 21. Community Participation in the New Planning System Duty of planning authority to act consistently with Charter Early community involvement at all stages NSW Planning Policy Websites Social media Regional Subregional Delivery Growth Plan Plan Local Plan Highest participation Displays in 3D modelling council buildings YouTube Community meetings Industry forum Focus groups Development Assessment Local newspapers Deliberative workshops
    22. 22. 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. 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. Transparency Transparency Proportionate Proportionate Right to be informed Right to be informed Early involvement Early involvement Accessibility Accessibility Partnership Partnership Inclusiveness Inclusiveness
    23. 23. Community Participation in the Existing Planning System
    24. 24. Community Participation in the New Planning System (Code Assessment)
    25. 25. 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
    26. 26. Partnering with local government to deliver the new system • PlanEd • Culture Change • Planning Advisory service • E-Planning
    27. 27. 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
    28. 28. 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
    29. 29. 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
    30. 30. 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
    31. 31. 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
    32. 32. 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
    33. 33. 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
    34. 34. ePlanning
    35. 35. Portal Landing Page
    36. 36. Portal : Multiple Sources of Data – One view “ONE STOP SHOP” VIEW OF PLANNING INFORMATION
    38. 38. 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
    39. 39. ePlanning Delivery 2013-14 DP&I Mobile  A DP&I website for mobile devices.  Link to community information Application Tracking DP&I Mobile App UAP 3D Modelling Interactive House Electronic Housing Code FROM MOBILE ACCESS PLANNING INFORMATION – COMMUNITY “VALUE ADD”
    40. 40. Question and Answer Session
    41. 41. Where can I find out more: Twitter: @NSWplanning #newplanningsystem Facebook: NSWplanning Phone: 1800 139 181 Email:
    42. 42. Update on the Planning Bill 2013 Local Government briefing 29 October 2013