A Brave New World ~ NSW Planning Reforms ~

Transcription

1 A Brave New World ~ NSW Planning Reforms ~ JULIE BINDON President President Planning Planning Institute Institute of of Australia Australia (NSW (NSW Division) Division) GREG WOODHAMS Vice Vice President President Planning Planning Institute Institute of of Australia Australia (NSW (NSW Division) Division) 1

2 Presentation Content Presentation Content 1. Background EP&A Amendment Act 2008 Implementation Process and Program 2. Administrative Changes Approval Bodies Review & Appeals 3. Development Assessment Process Streaming & Types of Development 4. Development Contributions 5. Plan Making The Gateway 6. Exempt & Complying Development E&C Development SEPP & Code Certifiers 7. Planning Practice Implications For Councils For Applicants 2

3 1. Background 1. Background EP&A Amendment Act 2008 Implementation Advisory Committee (IAC) Implementation roll out & program Major changes - panels - planning arbitrators - IHAPs formalised - plan making Gateway / LEP streams - greater Council enforcement powers - more regulation of certifiers - exempt & complying development codes - development contributions new plans & stricter tests 3

4 2. Administrative Structure 2. Administrative Structure Minister for Planning Planning Assessment Commission (PAC) NEW Joint Regional Planning Panel (JRPP) NEW Council or s118 Planning Assessment Panel (PAP) Independent Hearing & Assessment Panel (IHAP) FORMALLY RECOGNISED Planning Arbitrators NEW Certifier 4

5 Planning Assessment Commission (PAC) Planning Assessment Commission (PAC) Functions Advises Minister on DAs, EPIs and other planning matters Determines Part 3A applications delegated by Minister & DAs where no JRPP Review body for JRPP decisions & third party reviews Membership 8 permanent members plus Chair Minister may appoint extra casual members D-G resources PAC & can recover costs from Councils 5

6 PAC Delegations PAC Delegations Consent Authority for: Part 3A located in Minister s electorate Part 3A where Minister has pecuniary interest Part 3A where proponent made a reportable political donation Some Part 3A coastal subdivisions Some DAs (where no JRPP) Minister Retains Part 3A Critical Infrastructure Part 3A where no donations Call in powers 6

7 Joint Regional Planning Panel (JRPP) Joint Regional Planning Panel (JRPP) Functions Advises Minister on DAs, EPIs and planning matters (in region) Determines Part 4 DAs (as conferred by an EPI) Review body for Councils and third party reviews Membership 5 members (3 Minister appointed, 2 Council nominated) 3 year appointment 7

8 JRPP Delegations JRPP Delegations Consent authority (to be conferred in a SEPP) for Commercial, residential, tourism, retail, mixed use development over $10 million Community infrastructure & eco-tourism over $5 million Designated Development Where Council is proponent / has conflict of interest Where SEPP1 & exceeds development standard by more than 25% Smaller coastal development (currently Part 3A) 8

9 Councils Advise Minister, JRPP if requested Determine all Part 4 DAs less than $10 million / $5 million (not going to JRPP) Can delegate determination to staff, IHAPs or JRPP Provide admin services to JRPP Council staff assess and report DAs to Council & JRPP 9

10 Independent Hearing & Assessment Panels (IHAPs) Independent Hearing & Assessment Panels (IHAPs) May be constituted - by Council (voluntary) - Directed by Minister - Pool of experts May be advisory, or make determinations under delegation Guidelines - Mandatory procedures - Pool of experts - IHAP Executive Officer - Operational Meeting Guidelines - Site Inspections - Submissions (no lawyers) 1 0

11 Planning Arbitrators (PA) Planning Arbitrators (PA) Functions Review (& determine) applicant requests for minor development = <$1 million Informal review process lawyers managed Regulations to detail procedures and functions Membership D-G administers list of Minister-endorsed candidates Appointed as required 11

12 Administration Appeals Administration Appeals Land & Environment Court (LEC) Minister for Planning N/A to Critical Infrastructure Planning Assessment Commission (PAC) Joint Regional Planning Panel (JRPP) (incl. 3 rd Party for Designated Development) Independent Hearing & Assessment Panel (IHAP) Council (s118 Planning Assessment Panel) Review minor DAs optional Planning Arbitrator with Council Consent Certifier No appeal where a Public Inquiry 12

13 3. Development Types & Streams 3. Development Types & Streams Exempt Complying Minor Development (DAs < $1 million) Other DAs - to Council - to JRPP Designated Development Part 3A Critical Infrastructure Part 3A Other - to Minister - to PAC - to JRPP 13

14 Development Streams DAs / Part 3A Development Streams DAs / Part 3A It is exempt development? Check ED Code Yes Do It Is it complying Development? Check CD Code Yes Certifier Is it Minor Development/ Yes Council DA Applicant review PA Appeal If Council agrees LEC No No Council DA Review Appeal LEC Is it JRPP? Yes JRPP Appeal 3 rd Party (Designated Dev) LEC Is it part 3A? If no Public Inquiry Yes Critical Infrastructure? Yes No Minister (no appeal) Minister / PAC Appeal LEC 14

15 Reviewable Determinations / Appeals (Division (Division 7A 7A of of Part Part 4 of of Act) Act) DA Minor Council Planning Arbitrator Review With Council Consent Appeal (LEC) DA Council Applicant Council Review (optional) Appeal (LEC) Objector JRPP DA JRPP Applicant 3 rd Part (Designated Development) Appeal (LEC) Objector PAC Review Part 3A (not JRPP) Minister PAC Once a reviewed can t referred to another reviewing body for further review. Council is not designated as a Reviewing Body ) Public Hearing (not Critical Infrastructure) Appeal (LEC) No public hearing 15

16 4. Development Contributions 4. Development Contributions Section 94 Contributions Section 94A Levies Special Infrastructure Contributions New Part 5B of EP&A Act 16

17 Development Contributions SUMMARY Development Contributions SUMMARY Local - Community infrastructure - New Contribution Plans by 2010 State - State infrastructure (where SICA) OR - Public infrastructure VPAs remain Affordable housing (N/A in SICA) Guidelines 17

18 Development Contributions STATE Development Contributions STATE STATE State Infrastructure Contributions (where a State Contributions Area ) OR Public infrastructure (where NO State Contributions Area ) 18

19 Development Contributions STATE Development Contributions STATE STATE State Infrastructure Contributions where a State Contributions Area In addition to local contributions $ or % cost of development Must have regard to key considerations Concurrence of Treasury required Satisfactory arrangements provisions remain (VPA) 19

20 Development Contributions STATE Development Contributions STATE STATE Public infrastructure where NO State Contributions Area Public amenities and public services (to be defined) Affordable housing Transport infrastructure NOT water supply or sewerage services 20

21 Development Contributions LOCAL Development Contributions LOCAL Key Community infrastructure Local roads Local bus infrastructure Local parks Local sporting, recreational, cultural, civic & social services facilities Local drainage and stormwater management works Land for above (except land for riparian corridors) District infrastructure for above (only in direct connection with development) PLUS additional community infrastructure (Ministerial approval) 21

22 Development Contributions LOCAL Development Contributions LOCAL Contributions Plans Existing plans repealed by 2010 unless remade beforehand New plans may need business plan Additional community infrastructure requires Ministerial approval Guidelines 22

23 Development Contributions LOCAL + STATE Development Contributions LOCAL + STATE Key Considerations for Contributions Delivery of infrastructure in a reasonable time Impact of contribution on affordability Is apportionment reasonable? Is cost of infrastructure reasonable? Is demand for infrastructure reasonable? 23

24 Development Contributions LOCAL + STATE Development Contributions LOCAL + STATE Authorities must record & make publicly available Funds collected & for what purpose When & where collected funds spent Details of any borrowings to supplement collected funds 24

25 Development Contributions LOCAL + STATE Development Contributions LOCAL + STATE Voluntary Planning Agreements remain Must have regard to key considerations Council VPAs limited to Key Community Infrastructure (defined), unless approved by the Minister Can preclude local contributions Authorities cannot refuse to grant consent if an agreement has not been entered into 25

26 Development Contributions AFFORDABLE HOUSING Development Contributions AFFORDABLE HOUSING Affordable Housing Does not apply if a State Infrastructure Area EPI (SEPP) to identify need for affordable housing in an area Imposed by DA condition Conditions to be in accordance with affordable housing scheme in EPI Other contributions to be taken into account 26

27 5. Plan Making 5. Plan Making 27

28 Plan Making Plan Making 28

29 Plan Making Plan Making 29

30 Plan Making Guidelines Plan Making Guidelines Process Planning Proposals - intent / content - versions (initial / exhibited / post exhibition) Streaming Categories & Criteria - Minor / Routine Proposals - Major Proposals (Strategy consistent & Precinct Plans) - Strategy Inconsistent - Comprehensive LEPs LEP Statements of Planning Intent - Information required 30

31 6. Exempt & Complying Development 6. Exempt & Complying Development SEPP (Exempt & Complying Development Codes) 2008 Process and Program Where applies? Relationship to LEPs / DCPs Local variations / exclusions Guidelines Certifiers 31

32 Exempt Development Exempt Development Exempt Development Codes (Chapter 2 of SEPP) - Types of development (x 40) from Access ramps to Windmills 32

33 Complying Development Complying Development Complying Development Codes (Chapters 3 & 4 of SEPP) - General Housing - Small Lot Housing - Rural Residential Housing - Business 33

34 Complying Development Complying Development General Housing Code 1 & 2 storey dwellings > 450m2 lots Areas excluded Development standards under consideration (site coverage, building heights / setbacks, dwelling size, landscaping, car parking & access, site alterations, ancillary development) Standard conditions / notice 34

35 Planning Practice Implications - Councils Planning Practice Implications - Councils DA process and decisions (by Council and JRPP) Planning Arbitrators (minor DAs) IHAPs Contributions Plan Plan Making Exempt & Complying Development Community Information 35

36 Planning Practice Implications - Applicants Planning Practice Implications - Applicants Exempt Development - Certifiers Complying Development - CD Requirement Certificate - CD Certificate DA s (Part 4) - What category? Part 3A Applications - New consent authority (some) Plan Changes - Formal process - Planning Proposal Justification Report 36

37 A Brave New World ~ NSW Planning Reforms ~ Thank You JULIE BINDON President President Planning Planning Institute Institute of of Australia Australia (NSW (NSW Division) Division) GREG WOODHAMS Vice Vice President President Planning Planning Institute Institute of of Australia Australia (NSW (NSW Division) Division) 37

38 Joint Regional Planning Panel (JRPP) applications Joint Regional Planning Panel (JRPP) applications Notification According to Regs or DCP by Council (21 days?) Applicant, objectors advised of meeting JRPP issues notice of determination with 60 days of lodgement Applicant lodges application according to criteria (Council or JRPP Secretariat) File and documentation prepared for JRPP application acknowledged Council officer prepares assessment report for JRPP with recommendation JRPP meeting arranged - on-site - at Council JRPP commenced and meeting held. Parties heard JRPP makes decision either adopting recommendati on or varying it. Objector may request review by PAC subject to criteria Applicant may appeal to LEC Referrals - internal -external Council records on DA Register, advises parties and copy to DOP website of Determination 38

39 JOINT JOINT REGIONAL REGIONAL PLANNING PLANNING PANEL PANEL (JRPP) (JRPP) SECTION SECTION 96E 96E STEPS STEPS OBJECTOR OBJECTOR REVIEW REVIEW OF OF COUNCIL COUNCIL DECISIONS DECISIONS Council decision Council Satisfies decision objector. Satisfies objector. Review criteria S.285 Review criteria S.285 Notification is prepared by Notification Council and is prepared posted, by Council includes: and posted, includes: 1 km notif. area 1 km Standard notif. area letters Standard A4 plans letters A4 Grounds plans for review Grounds JRPP for contact review JRPP details contact details Submission period Submission closes. Any period late closes. submissions Any late at the submissions discretion at of the JRPP discretion of JRPP Submissions are forwarded Submissions to JRPP within are forwarded (7) days of to JRPP expirywithin (7) days of expiry JRPP issues Notice JRPP Determination issues Notice within 28 Determination days of lodgement. within 28 days of lodgement. Where JRPP is granting Where consent JRPP must is granting endorse on consent Notice must date endorse from which on Notice consent date or from consent which as consent varied or operates. consent as varied operates. Objector lodges Objector Review lodges Application Review with Council Application for with JRPP: Council for JRPP: Fees paid Fees paid Grounds for Grounds Reviewfor Review Council notifies Council JRPP notifies Secretariat JRPP of review Secretariat of review application. application. Sends Sends acknowledgment acknowledgment to objector to objector Council provides JRPP Council with: provides JRPP with: Letter of key Letter issues of key issues Copy of file Copy report of file report LEP/DCP LEP/DCP Plans (may be Plans amended (may be by amended applicant) by applicant) Council officer will Council provide officer facts will and provide previous facts and previous assessment assessment JRPP prepares a Report JRPP which prepares includes a reasons Report which for decisions includes reasons and for explanation decisions and as to why the explanation recommendation as to why of the recommendation Council staff had of not been Council followed. staff A had notice of been followed. determination A notice is to of be determination provided to : is to be provided Person to who : applied for Person Reviewwho applied for Review Applicant Applicant Objectors Objectors Council Council Objector may apply to Objector Planning may Assessment apply to Planning Commission Assessment for a Commission Review where for a Public Review Interest where a Public Interest Development 96E(5) Development 96E(5) (but see 96J(6) no (but second see 96J(6) review) no second review) Objector may appeal Objector L&E may Court appeal within to 28 L&E days Court from within 28 determination days from for determination designated for designated development.. development.. JRPP is to give JRPP Council is to notice give of Council available notice dates/ of times available for review dates/ hearing times for and review necessity hearing for a and site necessity inspection for a site inspection Councils Admin Section: Councils Admin Section: Confirm date, Confirm time and date, time location and for location hearing for hearing Inform Inform applicant applicant and objectors and Book objectors meeting Book room meeting if room required if required Where site Where meeting, site make meeting, necessary make necessary arrangements arrangements JRPP to conduct Review, JRPP including to conduct public Review, meeting, including accordance public meeting, with the in accordance procedures with prescribed the in procedures the regulations prescribed allowing the notified regulations persons allowing to be notified heard. persons Legal to be heard. representation Legal not representation permitted without not leave. permitted All submissions without leave. All considered. submissions considered. Applicant may if Applicant dissatisfied may lodge if dissatisfied application lodge to L&E application Court within to L&E 3 months Court of notice within 3 months of notice 39

40 PLANNING PLANNING ARBITRATOR ARBITRATOR (PA) (PA) SECTION SECTION 96C 96C STEPS STEPS Council Determination: Deemed Council refusal Determination: Condition of Deemed refusal Development Condition of Consent Development or S96 Consent or S96 Deferred Deferred Commencement Refusal (non Refusal compliance with Act or Regs) Neighbour Notification posted includes: Standard letters A4 plans Grounds for review PA contact details Neighbour Submission period closes. Any late Submissions at the discretion of PA. Neighbour Submissions are forwarded to PA PA issues Notice of Determination within 21(?), 28(?) days of lodgement Where PA is granting consent must endorse on Notice date from which consent or consent as varied operates. Where determination changed date of Review is required. Applicant lodges Review Application. (28 days) Fees paid Plans Grounds for Review Acknowledgement If Council agrees Appeal to L&E Court S.97(5) (Then no review) Council contacts Dir. Gen. DOP. (7 days) Arbitrators are nominated one or two are appointed Council is notified of PA appointment + contact details Applicant for Review advised of details of appointment of PA Council contacts PA: Letter of engagement Documentation required Indemnity Council provides PA with: Letter of key facts/issues Copy of file report LEP/DCP Plans Councils Admin Section: PA is to give Council notice of available dates/ times for review hearing and a site inspection Confirm date, time and location for hearing Inform applicant and objectors Book meeting room if required Where site meeting, make necessary arrangements PA prepares a Report and notice of determination for: Person who applied for Review Objectors Council PA to conduct Review hearing in accordance with procedures prescribed in regulations representation by legal practitioner at the leave of the PA. Council records Notice of Determination Applicant may if dissatisfied lodge application to L&E Court within 3 months of notice S.97(6). 40

41 COMPLYING DEVELOPMENT COMPLYING DEVELOPMENT Preparation: Can I get a CDC for what Preparation: I want? Can I get a CDC for what I want? - Apply for a Complying Development - Apply Requirements for a Complying Certificate Development Requirements Certificate Day 1 Day 2-6 Day 7-9 Day Design: Does the design comply with all CD code controls? 1. Streetscape 2. Bulk and Scale 3. Setbacks 4. Building Elements 5. Open Space 6. Garages 7. BASIX 8. BCA Submission to Council or CD Certifier: - CD application - Checklist - Construction Plans -BASIX Certificate Council Officer or Certifier: 1. Checks compliance 2. Checks no exclusion 3. Inspect site 4. Technical referrals/ approval 5. Check standard requirements (BCA, BASIX,) * CDC (May not be refused if complies) Prepare Complying Development Certificate - Stamp Plans 1. CDC and Plans available 2. Applicant pays deposits, Home Building Levy etc., and S.94 fee 3. CDC/Plans collected Post CDC: - Regulations may require notification of adjoining neighbours of issue of CDC. - Documentation filed. Applicants appoints Principal Certifying Authority (Council or another Certifier) Applicant to give 22 days notice to PCA before work; Do site preparation works Commence demolition and construction; Ongoing inspections by PCA. Encourage applicants Encourage to talk to applicants neighbours to talk to neighbours Encourage applicants Encourage to meet with applicants council officer to meet with for pre-cdc council officer for pre-cdc Completion: Occupation Certificate issued 41