NSW planning bill slammed as favouring developers

Jennifer DukeDecember 7, 2020

A petition to stop the proposed changes to the NSW planning bill has hit the internet from the Better Planning Network, a volunteer-based, incorporated organisation, who say that it favours developers over residents.  

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“I think that’s a big mistake, I can’t see how the government can step back and not expect that developers will take advantage of that flexibility,”said Frances Bay of Lake Wollumboola Protection Association.  

Environmental, social and economic planning were said to be the issues left out, with just an interest in the bottom line; 80% of development applications won’t need community consultation, the video claims.  

“The Better Planning Network and our 427 affiliated organisations want a fair and responsible planning system for NSW.  A system that encourages growth in line with ecologically sustainable development principles; has at its heart community wellbeing; protects our environment and heritage; minimises risks of corruption and respects the rights of communities to shape local planning and development decisions,” the Better Planning Network notes.  

This comes as the proposed reforms received positive feedback from different sectors of the industry who believe they will boost housing supply

There are currently 4,733 supporters listed on www.change.org where the petition is being hosted. 

Here is a copy of the text of the current petition:

Withdraw the NSW Government’s Planning Bills!    

In a few weeks’ time, the O’Farrell Government will introduce new planning legislation to the NSW Parliament that will primarily benefit the big end of town. If adopted by Parliament, this legislation will result in the most significant reduction in community participation, environmental and heritage protection in over 30 years. In particular, the legislation will mean that:

- Economic growth will be the primary driver of all planning and development decisions in NSW;

- I will lose the right to comment on up to 80% of developments in my neighbourhood, including major developments such as blocks of residential flats and land subdivisions;

- The Minister will have increased powers to override local planning controls without any community consultation or rights to challenge decisions in court;

- Developers will have the right to appeal development decisions but in most cases, as a resident, I won’t;

- The potential for corruption will be even higher than what it is now.

I respectfully request that the NSW Government withdraw its Draft Exposure Planning Bill 2013 and Draft Exposure Planning Administration Bill 2013 (the Planning Bills) and work with all key stakeholders to prepare new planning legislation, using as a basis the 374 recommendations developed through the extensive stakeholder consultation conducted in 2011-2012 by Messrs Moore and Dyer in their Independent Review of the NSW Planning System.

In 2011, the O’Farrell Government was elected on a promise to ‘return planning powers to the local community’. The Government has broken its promise to the people of NSW.

The basis of the Government’s Planning Bills is fundamentally flawed and despite amendments to these Bills, they cannot be repaired.

I do not support the Government’s Planning Bills because they give overwhelming weight to economic growth and the commercial interests of developers, to the detriment of community wellbeing, our environment and our heritage.

I do not support the Government’s Planning Bills because they remove the rights of ordinary residents to comment on up to 80% of developments, including major developments such as blocks of residential flats and land subdivisions.

I do not support the Government’s Planning Bills because they remove the internationally recognised principles of Ecologically Sustainable Development from our planning legislation.

I do not support the Government’s Planning Bills because they provide the Minister and Director General of Planning with unfettered powers to make decisions without consideration of potential impacts, community consultation or rights of judicial review or merit appeals.

I do not support the Government’s Planning Bills because, as submitted by the Independent Commission Against Corruption (ICAC), they will create a significant risk for corruption associated with planning and development decisions in the State of NSW.

The Government’s Planning Bills represent the most significant reduction in community participation and environmental and heritage protection in over 30 years. These Bills should not be tabled in the NSW Parliament and should never become law.

Jennifer Duke

Jennifer Duke was a property writer at Property Observer

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