Planning Law

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GUEST OBSERVER
The package of reforms passed by the NSW Parliament are a step forward for the planning system in NSW but the detail resolution of the reforms could lead to some elements slowing planning applications down.
The big picture reforms that have gone through the NSW Parliament sound like progressive moves to lift strategic planning and get communities on board with planning decisions, but the detail could create more red tape rather that a more efficient system.
A focus on strategic planning is good but to require yet another planning document in the form of a 'local strategic planning statement’ could add significant time and could lead to different interpretations with Local Environmental Plans. By adding another layer we are concerned that this may make planning slower and more complicated.
The requirement that ‘Community Participation Plans’ are produced by each council sounds reasonable but the Urban Taskforce is concerned that these plans could lead to further delays for individual projects or they could encourage greater negativity to development.
We are concerned that there seems to be little guidance to councils on just what a ‘Community Participation Plan’ should include. There must be an acceptance of State Government housing targets, State Government infrastructure investment, Federal Government Immigration policies and the impact of these areas on the need to accommodate growth. There must also be a requirement that participation involves all of the community not just individual action groups and that participation is handled in a timely manner.
The regulations that support the new legislation must control all of these issues.
The inclusion of design quality as an objective in the act is a good move particularly as greater densities are likely and communities will be more supportive of well-designed environments. The roll of the NSW Government Architect in giving guidance on design quality is a good use of this position that has been an input to the built environment in NSW over 200 years.
The rationalisation of Development Control Plans (DCPs) into a standard format is a positive move that should be replicated with Community Participation Plans and Local Strategic Planning Statements. To allow each council to develop very different formats and requirements will only lead to a slower and more complicated planning system. The Urban Taskforce is seeing a lack of discipline in policy terms with housing affordability with multiple government agencies and multiple councils all having very different policies that are leading to a well-meaning but ultimately unsustainable planning system.
The reforms in the area of building certification will give greater community confidence in this process but we are concerned that certifiers are under so much scrutiny and must certify every step in the planning and building process that the practitioners in this area are finding the future of certifiers is limited.
The NSW Government must support this industry rather than continually add so many conditions that the industry is marginalised.
Another recent reform to the planning system in NSW has been the proposal to amend the definition of ‘bulky goods premises’ to make this definition less restrictive. This is a simple amendment which reflects the changing nature of retail in Australia. This kind of adaptiveness and flexibility should be adopted to other areas of the planning system
The Urban Taskforce supports reforms of the NSW planning system that simplify the process as this will reduce the cost of housing. Our concern is that a number of the recent reforms, while being popular with communities worried about future growth, will add more layers and red tape to the planning system which will end up lifting the cost of housing in NSW. We are keen to work with the NSW Government in ensuring that the detail of the planning reforms included in regulations do not turn well-meaning policies into excessive red tape. 
Chris Johnson is the Urban Taskforce CEO.
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NSW planning reforms could slow applications: Chris Johnson

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GUEST OBSERVATION
Recently announced changes to Western Australia’s residential planning codes will have a significant impact on the development potential of thousands of properties in the state.
The residential planning codes, commonly referred to as R-codes, are overseen by the state’s planning regulator, the Western Australian Planning Commission (WAPC), and determine the number of dwellings that can be developed on a single property.
The changes to the current system are aimed at properties zoned R30 and R35 and will reduce the number of dwellings that can be built on these particular properties.
As part of the new regulations, properties zoned R30 will be allowed to build one dwelling per 300 square metres and those zoned R35 will be allowed to build one dwelling per 260sqm.
The new development guidelines mean the number of dwellings that can be built on these properties is significantly reduced.
For example, under the existing scheme a landowner with a 1000sqm block zoned R30 can build up to eight units, as the development potential is determined by total building area (or plot ratio), not a minimum land size per lot.
However, with the new requirements a landowner with the same size block and zoning can only build three units.
In addition, the WAPC has given local councils the green light to restrict development in many areas zoned R40. 
The existing scheme has been in place since 2011 and formed part of the State Government’s initiative to increase residential development infill to 47% of new houses.
However, it has experienced stiff opposition from a handful of local councils who are opposed to higher density living options. 
Unfortunately, the backflip by the WAPC will lead to further urban sprawl as housing choice in established suburbs is restricted and residents are forced to live on the urban fringe where land is more affordable.
Subsequently, this will place more pressure on Perth’s already strained roads, public transport and utilities.
The goal of the WA government is to increase the development infill rate to 47% – up from the current level or 28% – however the changes to the R-codes system will only further impede this ambition.
Damian Collins is the founder and managing director of Momentum Wealth and can be contacted <a href="https://www.momentumwealth.com.au/damian-collins/" target="_blank">here</a>.
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