Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper No. 09/1997 by Stewart Smith
Page Content
- The development approval process in NSW has been criticised by
most sections of the community for some considerable time. Problems have
included its complexity, too many government agencies involved and delays in
determining development applications. Whilst there have been numerous inquiries
to find ways to improve the planning approval process, the Thirty different
governments...' report has usefully summed up many of the issues and included
recommendations (page 3).
- This paper includes a short overview of the planning system in
NSW (page 4) and reviews the Green Paper on Integrated Land Use and Planning
released by the State government in May 1996 (page 5).
- From the basis developed in the Green Paper, the government
released in early 1997 the Integrated Development Assessment White Paper and
Exposure Draft Bill. The draft Bill amends the Environmental Planning and
Assessment Act 1979 by replacing Part IV of the Act, which deals with
development control and assessment (page 7).
- The proposed reforms to the EPAA are described in detail (pages
9-19). The reforms can be classed in the following areas: changes to the
development assessment system, including the introduction of complying
development; the introduction of integrated development consents; and
increasing the role of the private sector in the assessment process.
- The proposed reforms have attracted both support and criticism.
In general, most sectors of the community agree that reform of the EPAA is
necessary. What many people also regard as important is maintaining the
fundamental basis of the EPAA, ie, ensuring that developments are assessed
adequately for their social, economic and environmental affects, without
favouring one side or another'.
- On 28 May 1997 the Minister for Urban Affairs and Planning Hon
Craig Knowles MP introduced into the Legislative Assembly a Bill amending the
EPAA and the Land and Environment Court Act 1979 (page 20). The Bill amends
processes relating to Ministerial consents of State significant and prohibited
development under s.101 of the EPAA. The Bill introduces mandatory requirements
in the development assessment process, relating to the advertising of
development. All other requirements must be substantially followed.
- Objectors to development under s.101 of the EPAA can only
appeal a Ministerial development consent under s.123 of the EPAA. This provides
for an appeal not on the merits of the decision, but on the grounds of
technical breaches of the law. This may include claims that the advertising
requirements of the Act were not complied with, or that the heads of
consideration' under s.91 were not considered properly.
- If the Land and Environment Court upholds a s.123 appeal,
development consent may be invalidated. The consent authority must start the
process again, which delays the whole process. The proposed amendments change
the Land and Environment Court Act, so that the Court is required to give the
Minister as consent authority the opportunity to correct the technical breaches
of the law, and then the Minister may seek a declaration from the Court that
the development consent is valid.
