Update on the Planning Bill 2013 Local Government briefing 29 October 2013

Trish Oakley Executive Director Community and Stakeholder EngagementNSW Department of Planning and Infrastructure

The Hon. Brad Hazzard MP NSW Minister for Planning and InfrastructureMinister assisting the Premier on Infrastructure NSW

Sam HaddadDirector-General Department of Planning and Infrastructure

Marcus Ray Executive DirectorPlanning Reform and General CounselNSW Department of Planning and Infrastructure

The New Planning System Review and Transformative changes

What we’ve heard

ESD

Powerful public narrative

Zones

Appeals

Customer response systems

Concerns regarding E3 & E4 zones changing to rural and residential zones

Consultation on code assessable DAs and shift to 80% complying and code assessable

Concerns about Sustainable Development replacing ESD as an object of the Act

Perceived loss of judicial review rights. Suggestions that community consultation initiatives should be subject to appeal.

Concern that heritage and good design protections are reduced

The role of Strategic Compatibility Certificatesand community input

What we learned through consultation Code assessments

Heritage

SCC

What we’ve heard

Concurrences

Powerful public narrative

ICAC

Resourcing

Customer response systems

Discretionary decision-making

General support for reforms in building regulation and certification

Support for the one stop shop

Council concerns regarding resourcing the changes

General support for upfront engagement

Including VPA and three year timeframes

What we learned through consultation Private certification

Strategic planning

Infrastructure contributions

What has changed in the Planning Bill?

Code assessment

• 80 per cent target for streamlined assessment removed

• Limited to growth areas & precincts serviced by good infrastructure and transport

• No code assessment in low density areas or heritage conservation areas

• Neighbourhood Impact Statement mandatory

• Areas for code assessable development may be nominated by councils

• Councils and communities play a role in deciding where codes apply through

subregional planning boards, where councils will have a majority

Heritage

• More prominence for heritage and Aboriginal heritage

• New environment and heritage planning policy

• Development on all State heritage and Aboriginal heritage must be merit assessed

with full consultation

• DG of Planning must follow Heritage Council advice in one stop shop unless:

There is an unreasonable delay in determining the matter

Cannot resolve conflict with another agency

Environment

• All current environmental protections to be preserved

• No code assessment for projects needing EIS or subject to State, Aboriginal,

heritage or threatened species provisions

• Biodiversity rules strengthened

• Conservation of biodiversity now an object of the Bill

• Existing environment SEPPs transitioned

Consultation

• Minister must consult with the community before major amendments to

strategic plans

• Minister must publish reasons why the plan is being made and how he

considered submissions

Strategic Compatibility Certificates

• Mandatory 28 days consultation with councils and community

• DAs must be lodged within 12 months and lapse if work not started within

two years

• Regional Planning Panels will determine applications for SCCs if council or

25 people object

Judicial Reviews and Appeals

• No restrictions on bringing judicial review proceedings (must be brought

within three months)

• Ability to seek a judicial review of strategic plan making

Infrastructure contributions

• Timeframe for spending contributions extended from three to five years

• Deferred payment at the point of sale – statutory charge on land

• Negotiating with councils and industry to set level of contributions

• Use of VPAs can be extended

Key features retained

• Focus on economic growth and improving productivity

• Triple bottom line approach to consider social, environmental and economic

impacts of development

• Whole of government strategic planning

• Local plans to contain all development controls

• One stop shop to eliminate duplication and unnecessary delays

• Community participation requirements enshrined in legislation

• Regional and local infrastructure contributions to be collected in greenfield and

infill areas

• Existing appeal rights continued

Transition and Implementation• Partnership with local government puts it at front and centre of new system

• Local government to be consulted on new Memorandum of Understanding

between the sector and the department

• Ministerial taskforce involving local government to be set up

• Working closely with councils to implement reforms and develop governance

arrangements

• Comprehensive transition program will ensure no interruption to existing processes

• All existing development consents carried over to new legislation

• Councils have until 2016 to prepare Community Participation Plans

• Key protections such as koala habitats incorporated in new local plans

• Local environmental plans and development control plans will form part of the new

local plans

Jill Reich Deputy Director-General People, Culture and BusinessNSW Department of Planning and Infrastructure

White paper engagement - new approaches

• Submissions – 4926 made through website, email, mail and online feedback

• Community and Practitioner Discussion Sessions – 40 sessions in 18 locations across NSW, 825 attended community sessions, 1335 attended practitioner sessions

• Independent Stakeholder Groups – five groups attended by 250 people

• Deliberative panels – two panels, 38 randomly selected participants

• Community Telephone Survey – representative survey of 2,700 randomly selected people across NSW.

What we learnedCommunity will engage in strategic planning

Broaden reachembed web 2.0 engagement techniques

segment the community Targeted approach

What we learnedCommunity will engage in strategic planning

Broaden reachembed web 2.0 engagement techniques

segment the community Targeted approach

Community Participation in the New Planning System

Duty of planning authority to act consistently with Charter

Local newspapers

WebsitesDisplays in

council buildings

Community meetings

3D modelling

YouTube

Industry forum

Deliberative workshops

Social media

Focus groups

NSW Planning Policy

Local Plan

Regional Growth Plan

Subregional Delivery Plan

Development Assessment

Early community involvement at all stages

Regional Growth Plan

Subregional Delivery Plan

Highest participation

Community Participation Charter

• Charter will for the first time allow every person in the community to be part of an

upfront planning process.

• More scope for councils to tailor statewide codes to reflect local conditions.

1. Transparency2. Proportionate3. Right to be informed4. Early involvement5. Accessibility6. Partnership7. Inclusiveness

1. Transparency2. Proportionate3. Right to be informed4. Early involvement5. Accessibility6. Partnership7. Inclusiveness

Community Participation in the Existing Planning System

Community Participation in the New Planning System (Code Assessment)

Code assessment

• All cumulative impacts considered together through Neighbourhood Impact

Statements

• Extensive community consultation in preparing codes

• Community forums and workshops using 3D modelling of buildings

Complying development

• Increased notification period for residential complying development applications - mandatory 14 days prior to approval and mandatory 7 days before construction

Partnering with local government to deliver the new system

• PlanEd

• Culture Change

• Planning Advisory service

• E-Planning

PlanED education and training initiative

• New initiative to provide education, training and tools for the new system

• Two main objectives:

• System transition –training modules to help transition to the new planning

system

• Capability development - framework for the planning industry, supported by

core capability training modules

Culture: Who we want to be

• Recognise that the planning process will always need to balance interests• Some shared values are evident

– Accountable– Streamlined, simplified, less bureaucratic– ‘More strategic’– Transparent– Evidence-based– Focus on what matters, not process for process’ sake

• Achieving culture change means working out what these mean in practice

Culture change – our approach

• Culture is shared across the system

– Inherent in everything the sector does

– Changing it is everyone’s business

• Action-focussed, not abstract:

– Start by doing things differently and consciously learning from experience

Culture change – our approach

• Collaborate to build on what works

• Modelling the culture we want to see in everything we do

• Informed by rich data and continuous monitoring

– On-going connection with the broader community to give meaning to

accountability

– Enabled by technology

The Culture Change Process

• Broad Forum– Ensure appropriate consultation and input at regular intervals– Build support for change across the sector

• Small working group– To design culture change actions and progress quickly and efficiently

• Resourced by the Department– Secretariat– Reference Group– Data and monitoring

The Culture Change Process

• Currently:– Developing baseline data-gathering and monitoring approach– Planning major kick-off event, to occur before Christmas– Commencing consultation with key stakeholders on design of forum and

process and on building participation in the kick-off event• Working Group to commence operation after kick-off event• First meeting of Forum to be held early 2014

Planning Advisory Service

• New central resource to support community, council staff, councillors, developers,

certifiers and planning consultants through:

• Tailored tools

• Information updates

• Expert technical advice

• Mentoring

• Helpline to be jointly staffed by departmental and seconded council staff

ePlanning

Portal Landing Page

Portal : Multiple Sources of Data – One view

“ONE STOP SHOP” VIEW OF PLANNING INFORMATION

Portal : My Property

ALL PLANNING INFORMATION PRESENTED TO USER IN THE ONE PLACE

ePlanning - Engagement

ePlanning Sponsors and Champions Project

A community of individuals to assist with the rollout and promotion of ePlanning in NSW.

ENGAGED COMMUNITIES, MEANINGFUL SUBMISSIONS, PLAN PROGRESS REPORTING

ePlanning Delivery 2013-14

FROM MOBILE ACCESS PLANNING INFORMATION – COMMUNITY “VALUE ADD”

DP&I

Mobile

A DP&I website for mobile devices.

Link to community information

DP&I Mobile App

Application Tracking Interactive House

UAP 3D Modelling Electronic Housing Code

Question and Answer Session

Where can I find out more:www.planning.nsw.gov.au/planningforourfuture

Twitter: @NSWplanning

#newplanningsystem

Facebook: NSWplanning

Phone: 1800 139 181

Email: newplanningsystem@planning.nsw.gov.au

Update on the Planning Bill 2013 Local Government briefing 29 October 2013