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. 08/2004 by Stewart Smith
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Local development is development for which a local council is the consent
authority. For councils, development applications for housing and associated
structures such as pools and garages makes up a large proportion of their
development assessment work. However, it has been argued that the development
approval process in NSW has been characterised by: a focus on process (rather
than outcome); inconsistent policies; varying procedures; as well as a
pervading sense of frustration and conflict. In response to this, on 3 July
2003, the Government announced that a taskforce was to be established to
investigate and report on the development assessment and decision making
process for local development. This paper looks at the outcomes of the
taskforce review, the responses to the taskforce by various interest groups,
and concludes by reviewing what other states and the Commonwealth are doing in
the development assessment field.
The Taskforce review considered that a local development approval process is
required which balances the rights of a landholder to be able to build a house
to maximise enjoyment of their block whilst also protecting certain minimum
rights of adjoining neighbours. According to the Taskforce, the solution lies
in the development of appropriate housing standards against which houses are
required to comply. It was considered that housing standards are critical to
the management of approval times and approval processes as they provide the
basis against which developments can be assessed and the process measured.
Housing standards also define the community’s expectations about what
owners can build on their blocks of land and what neighbours can expect to be
built next to them. This approach, combined with an increased focus on
complying development and private certification, will, the Taskforce argues,
result in a faster local development assessment process. This approach was not
supported by the Local Government and Shires Association nor conservation
groups, but had the broad backing of the Property Council of Australia and
architect groups.
The Development Assessment Forum is a national body with representatives from
the three spheres of government and the development industry. It was formed in
1998 in an attempt to reach agreement on ways to streamline the development
approval process. The Forum engaged consultants to devise a new development
assessment approach. The result is a system characterised by: the separation
of roles - elected councillors to be responsible for the development of
planning policies and independent bodies to be responsible for assessing
applications against these policies; and development applications assessed
against objective tests and rules – or standards in the NSW Taskforce
terminology. Already, South Australia has independent development assessment
panels to replace development consent by elected representatives.
From the analysis of the work of the Development Assessment Forum and
legislative developments in other States, it is apparent that issues like
complying development and private certification are firmly entrenched in the
development assessment process, and likely to play a greater role in the
future. This is clearly a concern to local government and the environment
movement, but strongly supported by the development industry.