A NEW PLANNING SYSTEM FOR NSW WHITE PAPER

April 2013 Crown Copyright 2013 NSW Government ISBN 9780731336111

DISCLAIMER that this document is correct at the time of printing, the State of NSW, its agents and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance or upon the whole or any part of this document. COPYRIGHT NOTICE In keeping with the NSW Governments commitment to encourage the availability of information, you are welcome to reproduce the material that appears in A New Planning System for NSWWhite Paper for personal, inhouse or noncommercial use without formal permission or charge. All other rights are reserved. If you wish to reproduce, alter, store or transmit material appearing in A New Planning System for NSWWhite Paper for any other purpose, request for formal permission should be directed to A New Planning System for NSWWhite Paper, GPO Box 39, Sydney NSW 2001.

CONTENTS

MINISTERS FOREWORD EXECUTIVE SUMMARY

Chapter 1

4 5

INTRODUCTION

11

Chapter 2

The New Planning System

23

Chapter 3

Delivery Culture

33 36 40

3.1 Achieving Change in the Culture of Planning

3.2 Planning System Performance

Chapter 4 4.1

Community Participation Charter 4.2 Early Community Involvement 4.3 Using Information Technology to Deliver Planning Services 4.4 Key Legislation Requirements for Community Participation

Community Participation

43 46 50 52 57

Chapter 5

Strategic Planning Framework

59

5.1 Principles of the New Strategic Planning Framework 5.3 NSW Planning Policies 5.2 Hierarchy of Plans

63 64 68 72 80 90 103 109

5.4

Regional Growth Plans 5.5 Subregional Delivery Plans 5.6 Local Plans 5.7 Referrals, Concurrences and Other Planning Related Approvals 5.8 Key Legislative Requirements for Strategic Planning

CONTENTS

Chapter 6

One Assessment System Different Assessment Tracks 6.3 Exempt and Complying Development 6.4 Code Assessment 6.5 Merit Assessment 6.6 Determination by Independent Experts 6.7 State Significant Development 6.8 Timeframes 6.9 Appeals and Reviews 6.10 Compliance and Enforcement 6.11 Key Legislation Requirements for Development Assessment
6.2

6.1 A New Development Assessment System for NSW

Development Assessment

113 118 121 126 129 134 137 138 140 143 146 149

Chapter 7

7.4 Infrastructure Contributions

7.3 Contestable Infrastructure Provision

7.2 Growth Infrastructure Plans

7.1 Integrating and Coordinating Infrastructure

Provision of Infrastructure

151 154 157 160 162 171 176

7.5 Public Priority Infrastructure

7.6 Key Legislation Requirements for the Provision of Infrastructure

Building Regulation and Certification 8.1 Improving Building Regulation and Certification 8.2 Better Construction Compliance 8.3 Improving Life Cycle Building Performance and Compliance 8.4 Better Support Systems and Governance 8.5 Key Initiatives and Actions 8.6 Key Legislation Requirements for Building Regulation and Certification

Chapter 8

179 185 192 198 201 203 204

INDEX GLOSSARY Acronyms in the White Paper

206 208 212

WHITE PAPER A new planning system for NSW

MINISTERS FOREWORD

People are passionate about planning because it touches our everyday lives, where we live, work and play and how we care for our environments. Our communities need a planning system that enables positive development to provide housing, jobs and improved lifestyles whilst protecting our environment now and into the future. Our businesses need a world class planning system that can respond to changing economic climates and underpin our common goal to make NSW number one. Following the release of the Green Paper in July 2012, which set out our proposals to transform NSWs planning system, we consulted widely with members of the community and with the multitude of stakeholders that have an interest in the planning system. Over 1,500 submissions were received in response to the Green Paper and approximately 2,000 people contributed through community workshops, practitioner forums and online discussions. There was strong support for significant reforms with differing views as to how this could be achieved. In response to these submissions and input from stakeholders, we have developed a world class planning system. The proposed approach has learnt from the best aspects of planning systems worldwide to build a modern new framework that can meet our needs well into the future. The new planning system is simpler, more certain and more transparent. It provides greater opportunities for the community to participate early in the process and enables them to set the vision for their areas upfront. This allows for the coordinated planning, funding and delivery of development and infrastructure for all. These changes will be supported by a positive change in the culture of planning that enhances our ability to effectively work together to achieve great outcomes.

The new system represents a shift in focus from one that restricts and controls development to one that enables positive development outcomes for the state in a way that is also mindful of the need to protect and enhance the environment. This White Paper is the next critical step towards making this new system a reality. It responds to the issues raised by the community and provides details about how the system will be implemented in each of the areas contained in the Green Paper. It also incorporates many of the recommendations arising from recent important reports including the Council of Australian Governments (COAG) Reform Councils report Review of Capital City Strategic Planning Systems (2011), the Productivity Commissions report Performance Benchmarking of Australian Business Regulation: Planning, Zoning and Development Assessments (2011) and the Grattan Institutes report Cities: Who Decides (2010) which investigated decision making in eight of the worlds most successful cities. We have come a long way since we first began work on the development of a new planning system in July 2011 with the establishment of an Independent Panel to undertake the NSW Planning System Review. After the next round of consultation arising from the release of this Paper, we will finalise the proposals and accompanying legislation, identify priority areas for immediate action and provide the details of how we will transition into the new system. Thank you to everyone who has provided input and we look forward to your further feedback in response to the detailed work contained in the White Paper and draft legislation.

The Hon Brad Hazzard MP

MINISTER FOR PLANNING AND INFRASTRUCTURE MINISTER ASSISTING THE PREMIER ON INFRASTRUCTURE NSW

EXECUTIVE SUMMARY

NSW needs a new world class planning system if we are to achieve our common goal of making NSW number one.
The main purpose of the planning system is to promote economic growth and development in NSW for the benefit of the entire community, while protecting the environment and enhancing peoples way of life. To do this, the planning system has to facilitate development that is sustainable. Sustainable development requires the integration of economic, environmental and social considerations in decision making, having regard for present and future needs.

also responds to the questions and issues raised in submissions. In order to ensure the new statutory planning regime is easily understood, accessible and can be readily implemented, there will be two Bills to implement the legislative framework for the new planning system. These will be released shortly for comment. Both the White Paper and legislation are the next critical steps in the NSW Governments commitment to build a world class planning system. During the consultation period, the government is seeking feedback on how we can improve and implement the framework and policies outlined in the White Paper.

Review of the planning system

In July 2011, the NSW Government commenced a comprehensive review of the states planning system, to create a new planning system in consultation with stakeholders and the community that is more strategic and streamlined and which facilitates sustainable economic growth and upfront community participation. In July 2012, the government released A New Planning System for New South Wales Green Paper which set out the major proposed reforms and responded to an Independent Review undertaken by the Hon Tim Moore and the Hon Ron Dyer. Since then, there has been extensive engagement with the community, businesses, organisations and planning and building industry practitioners to develop the White Paper. This paper sets out the details on how the new system will be implemented, and accompanying draft legislation. The Paper

Major transformative changes

The new planning system is simpler, strategic, more certain, focussed on improving outcomes, and places people and their choices at the heart of planning decisions. The White Paper has built on the transformative changes proposed in the Green Paper, which moves the planning system from an overly regulated and prescriptive system to a simpler and performance based approach. This approach is focussed on facilitating the economic and employment growth of the state in an environmentally and socially sustainable manner. The White Paper provides the details around five fundamental reforms: changing the planning culture, community participation, strategic planning, development assessment and infrastructure. It also sets out important changes to building regulation and certification to ensure better quality of construction and fire protection over the life of buildings.
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WHITE PAPER A new planning system for NSW

EXECUTIVE SUMMARY

Transformative features and benefits

The main transformative features and benefits are:

Delivery culture
A new planning culture for NSW will set a sound framework for the successful implementation and operation of the new planning system.
A new culture will promote cooperation and community participation, the delivery of positive and pragmatic outcomes and a commitment to ongoing education and innovation

Community participation
Community participation in the preparation of plans and the vision for their local areas represents a key change in the new planning system. It means that the opportunity for the community to participate at the start of the planning process, and on an ongoing basis, will be prioritised and integral to setting the vision and ground rules for local areas.

Regular and mandatory performance The legislation will provide for a reporting for strategic planning at all Community Participation Charter with levels will also support the transition to clear objectives to be followed greater transparency and accountability. Planning authorities will be required to prepare a Community Participation Plan to describe how the community will be actively engaged A high level of community participation will be required in particular for the development of Regional Growth Plans and Subregional Plans to help set where growth and infrastructure will occur ePlanning will reshape the planning system by transforming paperbased development application processes and traditional methods of consultation into an online environment. Legislated standards for data quality and services will underpin online transactions. Consultation will build on traditional methods for engagement and include 3D interactive models and development guides for the community to have their say.

EXECUTIVE SUMMARY

Strategic planning
There will be a major shift to evidence based, whole of government strategic planning in the development of plans, community and stakeholder engagement and decision making. Upfront strategic planning is the foundation of the NSW Planning System and is the key tool for better facilitating housing and jobs in the right locations, while managing the environment and quality of life.
A hierarchy of plans and policies will comprise:
NSW Planning Policiesthese present the governments planning policy framework relating to land use and development for a range of sectors Regional Growth Plansthese provide a high level vision and objectives and policies for each region of the state Subregional Delivery Plansthese provide the delivery framework for Regional Growth Plans in appropriate locations, with a focus on integrating infrastructure and providing a framework for rezoning areas of significance Local Plansthese are the principal legal documents that deliver the strategic vision for a local government area through zoning, development guides and infrastructure

A clear line of sight between each successive layer of planning through legislative requirements that each plan gives effect to the policies, principles and outcomes in plans higher up in the hierarchy Infrastructure will be integrated with land use so that the community has confidence that areas of growth and change will be supported

Identifying precincts and locations of significance through subregional planning for direct rezoning and setting of key development parameters that will allow development consistent with the guides to proceed An innovative new performance based approach to Local Plans, focussed on outcomes, not development controls in isolation

A partnership between the state, the A framework which allows development community, local councils, agencies and that is consistent with the strategy of the private sector will develop a shared an area to be subject to streamlined vision for regions, subregions and local assessment government areas Plans will be clearly structured and transparent, with all development Whole of government requirements controls and zones accessible to the in strategic plans to improve planning community and business in Local Plans outcomes and reduce the number of development applications that require multiagency concurrence, referral or Strong performance monitoring and other planning related approvals reporting will ensure that plans deliver on agreed objectives. Establishing a one stop shop for all remaining concurrences and approvals as a single point of contact for businesses and councils and to provide a consistent approach across government A shift in focus to subregional planning, jointly prepared by councils and the state through new Subregional Planning Boards

WHITE PAPER A new planning system for NSW

EXECUTIVE SUMMARY

Transformative features and benefits

Development assessment

Provision of infrastructure

Development assessment Promoting independent expert decision Planning for infrastructure making with the use of the Planning that supports development will be transformed through Assessment Commission, Regional will occur at the same time as a performance based system Planning Panels and Independent planning for housing and jobs in where decisions are made faster Hearing and Assessment Panels the new planning system. NSW and more transparent but with no will be the first State or Territory less rigour. It makes greater use to develop comprehensive plans of code complying development New merit assessment processes for growth infrastructure. will mean that where applications are and online tools, and removes consistent with performance outcomes, layers of assessment. The they will be subject to less delay and new system incorporates Growth Infrastructure Plans will include uncertainty, with greater confidence for contestability assessments, to involve five assessment tracks with investment. the private sector earlier in the planning development streamed into process these tracks depending on the level of impact of a proposed development. Local and regional infrastructure
80 per cent of all developments will be complying or code assessment within the next five years, with reduced time frames and documentation requirements, which will generate savings to the community and business of an estimated $174 million per annum An expanded range of residential, commercial, retail and industrial developments will be complying or code assessment to encourage increased investments in these development types Expanded low cost appeal rights will mean greater access to existing appeal rights for applicants which will mean fairer assessments and reduced costs contributions will be simplified and made more consistent

Particular infrastructure, for example major projects identified in government strategies such as the Long Term Transport Master Plan, will be declared to be Public Priority Infrastructure and the private sector will now be able to contribute earlier in the design and planning process in the knowledge that these projects have been authorised to be carried out.

EXECUTIVE SUMMARY

Building regulation and certification

Legislation

community participation strategic planning development assessment infrastructure and environmental impact assessment concurrences, consultation and planning related approvals infrastructure and other contributions Mandatory certification of specified building and subdivision building aspects including the design, review and appeals installation and commissioning of critical civil and criminal enforcement provisions building elements will ensure better quality construction The second Bill includes: planning administration and bodies Improved levels of documentation orders, investigations and through all stages of the building life environmental audits cycle will make it easier to manage other miscellaneous matters. safety risks during the life of the building An expanded system of accountability for other building professionals including building designers, a range of engineers, fire protection designers and installers, energy efficiency designers and access consultants Certifiers will have increased support in making the right decisions for complex buildings through peer review and enhanced decision support.

Changes to building regulation The first Bill will establish and certification will provide a the operational components more robust, consistent and of the new planning system. transparent building regulation The second Bill will establish and certification system which will administrative and compliance increase confidence in the quality arrangements for the new system. and safety of buildings and provide better direction and support to The first Bill includes: the NSW building sector. principles and definitions

Next Steps

The White Paper and draft legislation will be open for comment until 28 June 2013. To make a submission visit the website at www.planning.nsw.gov.au/ newplanningsystem

A report on the community and stakeholder feedback on the White Paper and legislation will be released following the feedback period. It will outline how the government has responded to the feedback and any changes that have been made.

www.planning.nsw.gov.au/newplanningsystem

WHITE PAPER A new planning system for NSW

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CHAPTER 1

INTRODUCTION

WHITE PAPER A new planning system for NSW

11

INTRODUCTION

The main purpose of the planning system is to promote economic growth and development in NSW for the benefit of the entire community, while protecting the environment and enhancing peoples way of life.
To do this, the planning system has to facilitate development that is sustainable. Sustainable development requires the integration of economic, environmental and social considerations in decision making, having regard to present and future needs. When it began operating, the Environmental Planning and Assessment Act 1979 was considered best practice in Australia and achieved significant milestones. However, over time, the Act has become too complex and difficult to navigate and has not responded to the changing nature of our modern economy and society. As a framework for decision making it now falls short in advancing social, environmental and economic goals, to the detriment of the entire community. NSW needs a new world class planning system if we are to achieve our common goal of making NSW number one.

Review of the planning system

The release of the White Paper and legislation are the next critical steps in the NSW Governments commitment to build a world class planning system. In order to ensure the new statutory planning regime is easily understood, accessible and can be readily implemented, there will be two Bills to address the full range of issues in the new planning system. For ease of reference, the White Paper refers to these Bills in the singular as the Bill. The purpose of this White Paper is to set out how the new planning system will function. This includes the new legislation, early community participation and a framework for strategic planning and development assessment. These changes will be supported by a positive change in the culture of people involved in the new planning system, with all of these factors working together to establish the ground rules for our new world class planning system. In preparing the White Paper, the NSW Government has sought to respond to the questions, ideas and issues raised by the many people, businesses and organisations involved in the process to date. A comprehensive summary of the feedback from the community and stakeholders is provided in a separate report, The Green Paper Feedback Summary, released in December 2012.

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The hundreds of submissions received throughout the review process consistently called for the new planning system to:
Reduce complexity and regulation
The focus of planning reforms
The reforms seek to address key issues and problems that have been identified with the current planning system and the culture of planning that has evolved in NSW. The reforms address these issues by learning from and adapting the best aspects of planning systems operating worldwide to build a modern new approach that can operate effectively into the future. This includes incorporating many of the recommendations arising from recent important reports on planning reform by the COAG Reform Council, Productivity Commission and Grattan Institute (see break out box below). The reforms enable a shift to early community engagement in setting the ground rules when plans are being made and a strategic planning approach based on evidence and research to provide greater certainty to all participants. A key focus of the reforms is about addressing the States under performance in a number of key areas. In particular, the new planning system will focus on better facilitating housing supply, which has recently been at near record lows in NSW, supporting improvements in economic productivity and growth and putting downward pressure on the cost of living for the community, including prices and rents. The reforms also focus on issues identified in the Independent Planning System Review by the Hon Tim Moore and the Hon Ron Dyer which found public confidence in the system has been eroded by the perception that politics can determine decision making, and a lack of community confidence in the integrity of the planning system over decisions about larger developments.

Reduce costs and delays Build integrity and transparency into decision making Engage with the community effectively and early Increase the focus on strategic planning Focus on quality planning outcomes Improve infrastructure funding and integration

These issues have been considered at length and have informed the new planning system for NSW set out in this White Paper.

Recent reports on planning and zoning

The White Paper incorporates many of the recommendations from recent important Australian reports on planning and zoning, including:
Council of Australian Governments Reform Council, Review of Capital City Strategic Planning Systems (2011) Recommendations adopted in the White Paper include improved integration in planning between and within governments, a commitment to evidence based policy, improved performance monitoring, and incorporating an understanding of urban/land economics and cumulative impact assessments in planning. Productivity Commission, Performance Benchmarking of Australian Business Regulation Planning Zoning and Development Assessments (2011) Recommendations adopted include the early resolution of land use and coordination issues through strategic plans, a consistent hierarchy of plans, early community engagement, broad and simplified zones and development controls, streamlined development assessment and having all referral requirements in one place. Grattan Institute, Cities: Who Decides? (2010) Recommendations adopted include involving residents in decision making for regional and local strategic plans, increasing collaboration across different sectors engaged in planning and supporting models of collaborative regional planning.

WHITE PAPER A new planning system for NSW

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The development of a new planning system for NSW links with other strategic reform activities including:
NSW 2021 A Plan to Make NSW Number One
The NSW Government has identified the reform of the NSW planning system as a top priority in NSW 2021A Plan to Make NSW Number One. NSW 2021 is a 10 year plan to guide the governments policy and budget decision making and, in conjunction with the NSW Budget, to deliver on community priorities. It sets long term goals and measurable targets and outlines immediate actions that will help us to achieve these goals.
Visit the website

NSW Long Term Transport Master Plan Regional Action Plans Catchment Action Plans Review of the Local Government Act 1993 Destination 2036 local government review

www.2021.nsw.gov.au

Figure 1 Relationship between Nsw 2021 and other strategic plans AND REFORMS

NSW 2021
Long Term Transport Master Plan Regional Action Plans Catchment Action Plans Destination 2036 Local Government Act review Council Community Strategic Plans Local council operational plans eg service delivery plans

NSW Planning Policies

Regional Growth Plans

Subregional Delivery Plans

Local Plans

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To achieve these goals, the following objects will be included in the new Planning Act. The new Planning Act will promote:
Objectives of the new planning system
The key objective of the planning system is to promote and enable economic growth and positive development for the benefit of the entire community, while protecting the environment and enhancing peoples way of life. It is about enabling development that is sustainable. To do this, the new planning system will be simpler, more certain, more strategic and performance based, working within a positive planning culture. Decision making under the new system will be transparent and accessible, with people, businesses and organisations having the choice to be fully engaged in the decisions that shape their local area and economies. Strategic planning will be fully integrated in land use planning decisions.

Economic growth and environmental and social wellbeing through sustainable development.

Opportunities for early and ongoing community participation in strategic planning and decision making.

The coordination, planning, delivery and integration of infrastructure and services in strategic planning and growth management.

The timely delivery of business, employment and housing opportunities (including for housing choice and affordable housing).

The protection of the environment, including the conservation of threatened species, populations and ecological communities and their habitats and the conservation and sustainable use of built and cultural heritage. The effective management of agricultural and water resources.

Health, safety and amenity in the planning, design, construction and performance of individual buildings and the built environment.

Efficient and timely development assessment proportionate to the likely impacts of proposed development.

The sharing of responsibility for planning and growth management between all levels of government.

WHITE PAPER A new planning system for NSW

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What is sustainable development?

Sustainable development was adopted by the World Commission on the Environment in its 1987 report by the Brundtland Commission, Our Common Future, as development that meets the needs of the present without compromising the future generations to meet their own needs. Since then, the term has evolved into a core set of principles and values to guide development and change. It has been widely adopted by governments (eg the United Kingdom) and international agencies (including the World Bank and United Nations). Sustainability and sustainable development have also been incorporated into the planning acts in the majority of Australian states and territories. For the purposes of the White Paper and legislation, sustainable development is achieved by the integration of economic, environmental and social considerations, having regard to present and future needs, in decision making about planning and development. It is effectively a process that facilitates good development, and thereby economic growth and productivity, while protecting and managing the environment and advancing social outcomes. Sustainable development is therefore about giving weight to the following three interdependent key pillars:

Economic
Promoting the development of the economy and the wellbeing of all communities by facilitating housing, business and employment and other forms of activity and improving productivity.

Social
Facilitating housing that meets the needs of the whole community, creating a high quality built environment that promotes the health of all communities and ensuring accessibility to services and employment opportunities. Sustainable development is a key tool for advancing environment goals and objectives. In locations where high conservation values have been identified (for example, where there are threatened species populations and ecological communities), the application of sustainable development will mean that environmental protection will have a higher priority than all other objectives and goals. Also, in areas where the facilitation of environmental, social and economic goals concurrently is a priority for the community, sustainable development principles will set the framework for advancing social and economic objectives in a way that mitigates or minimises any adverse environmental impacts or risks. In making these assessments, decision makers and the community will need to consider not only the benefit of people now but also the impacts on future generations.

Environment
Protecting threatened species and habitats, using natural resources wisely and minimising, mitigating or addressing environmental impacts.

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Developing a new planning system for NSW

The review of the NSW planning system began in July 2011 with the establishment of an Independent Panel led by the Hon Tim Moore and the Hon Ron Dyer. The Independent Panel held community forums in towns right across NSW and received ideas from more than 2,000 people. They also published an Issues Paper and received almost 600 submissions from the community. Drawing on these extensive consultations, the Independent Panel produced a detailed report with 374 recommendations for consideration by the NSW Government. The NSW Government released a Green Paper in July 2012 that set out the major proposed reforms, and responded to the Independent Panels report. Over the last eight months there has been further extensive engagement with the community, businesses, organisations and planning practitioners to develop the White Paper and legislation.

transformative CHANGES

The NSW Government is proposing transformative changes to the planning system in NSW with a significant shift to a more strategic and streamlined system. There are five elements of reform:

1. 2. 3. 4. 5.

Delivery Culture

Enhancing our ability to positively work together to enable good outcomes while building the expertise, leadership and engagement skills of the planning industry Involving the community early when preparing strategic plans on the key decisions that will shape our cities, towns and neighbourhoods Preparing good policies upfront to guide growth and development and achieve balanced planning decisions Making the assessment of proposals faster and simpler by removing duplication but maintaining rigour Ensuring planning and delivery for development and supporting infrastructure occur at the same time

Community Participation Strategic Focus Streamlined Approval Provision of Infrastructure

The details of each of these five transformative changes are provided in the subsequent chapters of the White Paper. The Paper also includes a chapter on Building Certification and Regulation (see chapter 8) in response to issues raised in feedback and submissions, and from ongoing consultation with stakeholders.
WE ARE HERE

Figure 2 Steps in the planning reform process

ISSUES PAPER

Review Report

Green Paper

White Paper

LEGISLATION

New Planning Act

June 2011

December 2011

July 2012
WHITE PAPER A new planning system for NSW

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Figure 3 the NEW planning SYSTEM AT A GLANCE

PLANNING C U LT U R E

Strategic Planning
NSW Planning Policies Regional Growth Plans Subregional Delivery Plans Local Plans

C ommunit y

Infrastructure Planning

DEVELOPMENT
C U LT U R E

ONE DEVELOPMENT SYSTEM WITH DIFFERENT TRACKS

C ommunit y

Development consistent with plans

Streamlined assessment

Subject to community input

Development with alternative proposal

Development inconsistent with plans

PLANNING

Exempt

Complying

Code

Rigorous Assessment

Merit

Approved

with modifications and conditions

Approved

Prohibited

Refused

DELIVERING BETTER OUTCOMES

Sustainable development Infrastructure An easy to use, delivered more certain alongside growth planning system More housing and jobs in the right location

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Feedback on the Green Paper

The following key themes were Over 1,500 submissions on the Green consistently mentioned across the range Paper were received from individuals, of stakeholders during the consultation on organisations, local government, the Green Paper: NSW Government agencies, the business community, industry, planning professionals and peak bodies. In addition, there is a need to provide adequate approximately 2,000 people contributed resourcing and new methodologies for through community workshops, community engagement at a strategic level practitioner forums and online discussions. the shift towards focussing on strategic The Green Paper Feedback Summary planning requires appropriate resourcing and report released in December 2012 a legible policy and legislation framework included a total of 1,220 submissions that were received, however, this did not depoliticised decision making needs to include an additional 359 submissions occur at the strategic and development that were attached to comments on the assessment level. The role of decision Have Your Say discussion forum website. making panels and the expansion of These additional submissions have been code/merit assessment need to be reviewed and assessed and bring the total addressed to prevent the undermining of number of submissions received to 31 planning decisions made at the strategic October 2012 to 1,579. community engagement level
integration of land use with infrastructure is imperative and the funding for infrastructure provision and delivery needs to be addressed the Department of Planning and Infrastructure needs to take a leadership role to empower planners to have a can do attitude to execute decisions, and encourage collaboration between all stakeholders.

JULY 2012

A NEW PLANNING SYSTEM FOR NSW

GREEN PAPER

WHITE PAPER A new planning system for NSW

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How the reforms will be resourced

The new planning system for NSW set out in this White Paper will fundamentally change the way that local councils, state agencies and the community will approach planning in NSW. The shift in focus to strategic planning will require a reallocation of resources and additional upfront costs for planning authorities, industry and developers, particularly in the first few years as the new system is implemented. However, these changes will lead to savings and broader economic benefits over time as plans are implemented and development assessments are streamlined. Resourcing is therefore a key issue that the NSW Government will consider to ensure that the new planning system can be implemented effectively. Over the next few months, the NSW Government, in consultation with local government and stakeholders, will work through various models for funding the transformative changes proposed in the White Paper. This will include the reallocation of resources across government to deliver strategic integrated outcomes, and a review and readjusting of fees and charges applying cost recovery principles.

The Department of Planning and Infrastructure will work with key stakeholders while the White Paper is released for public comment to develop detailed transitional provisions. It will provide more detail on transitional arrangements when the new planning legislation is introduced into Parliament.

Legislation
The first Bill will establish the operational components of the new planning system. The second Bill will establish administrative and compliance arrangements for the new system. The first Bill includes:
principles and definitions community participation strategic planning development assessment infrastructure and environmental impact assessment concurrences, consultation and planning related approvals infrastructure and other contributions building and subdivision review and appeals civil and criminal enforcement provisions

Transitional arrangements
The NSW Government will work over the coming months on the transition to the new planning system. The transitional arrangements will provide all users of the planning system with the confidence and certainty to continue with their investment in New South Wales. Planning and assessment processes that began before the new legislation commences will be able to be completed without interruption and under existing requirements. This means that changes to the planning system will not be retrospective and will only apply in the future. Existing regional and subregional strategies will not be discarded and relevant aspects will transition into the new plans. Furthermore, recent initiatives like the Strategic Regional Land Use Plans and state significant development will be given full effect in the new planning system.

The second Bill includes:

planning administration and bodies orders, investigations and environmental audits other miscellaneous matters.

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Have Your Say

The White Paper has been released for community feedback. It responds to the extensive and detailed feedback received from the Green Paper and through the Independent Panel. It provides the details for each of the reform areas in response to requests for this additional level of information. We are keen to hear from the community and stakeholders on how we can improve and implement the framework and policies outlined in the White Paper. A report on the community and stakeholder feedback on the White Paper and legislation will be released following the feedback period. It will outline how the government has responded to the feedback and any changes that have been made.

Contacts To make a submission

Visit www.planning.nsw.gov.au/newplanningsystem You can use the online feedback tool or upload your document. Post your submission to New Planning System, GPO Box 39, Sydney NSW 2001
Please read the Submissions Guide for more details

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JUNE

The closing date for submissions is 28 June 2013

To join the discussion

Go to http://engage.haveyoursay.nsw.gov.au/newplanningsystem Comments made in the discussion forum are not formal submissions, but they will be considered as part of the consultation.

For inquiries
Email newplanningsystem@planning.nsw.gov.au 
Submissions will not be accepted via this email address

Telephone 1300 305 695

A note about privacy

All submissions received will be published on the departments website. Please do not include your name or other personal information in your submission or on attachments if you dont want this information published. Please read our privacy statement at www.planning.nsw.gov.au/privacy

WHITE PAPER A new planning system for NSW

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