Under the planning framework, some $30 billion worth of development
applications are determined in NSW every year. Local government is responsible
for assessing development worth $20 billion. Approximately 70 percent of this
total value is for residential work, and up to 90 percent is lodged by
non-developers.
The NSW Government believes that the time taken to assess development
applications is too long, and that the
Environmental Planning and Assessment
Act 1979 is focussed on process rather than outcome. This Paper looks at
reforms proposed by the NSW Department of Planning in its discussion paper
Improving the NSW Planning System, November 2007.
Changes to the NSW planning regime must be considered within the context of
regulatory reform at the Federal level. The Council of Australian Governments
has been active in the area of streamlining development approval processes.
The NSW
Environmental Planning and Assessment Act 1979 has undergone
significant revision and reform. The NSW Government believes that further
reform is warranted, and has proposed changes in the areas of:
Plan Making. Introducing a new gateway system which will provide an upfront
assessment of the suitability of a Local Environment Plan against established
criteria.
Development Assessment and Review. Establishing: a Planning Assessment
Commission to determine applications of State significance; Joint Regional
Planning Panels to determine applications exceeding $50 million in value, or
projects by State Government agencies greater than $5 million.
Complying Development. Significantly expand the level of complying development
so that the number of exempt and complying developments increases from its
current 11% to 50% within four years. This is to be achieved by the
implementation of a statewide complying development code.
Electronic Planning. Implement e-planning initiatives.
Building and Subdivision Certification. To address perceived conflicts of
interest in the certification system, the number of complying development
certificates that can be issued to any one client by a certifier will be
limited. For larger projects, the Building Professionals Board will allocate
certifiers.
Other Reforms. Including changes to strata management and paper
subdivisions.
Stakeholder responses to these proposed reforms are discussed. In general, the
development industry has supported the thrust of the reforms. In contrast, the
Local Government and Shires Associations, whilst supportive of some of the
proposals, strongly disagrees with the Government in the areas of complying
development and the establishment of Joint Regional Planning Panels.