The New South Wales Government is attempting to make bold amendments to state planning legislation however Forbes Shire Council believes the proposed changes will simply cost ratepayers and potentially compromise the future of local council staff.
Minister for Planning, Frank Sartor, said the amendments to the Environmental Planning and Assessment Act [EP&A] of 1979 along with the introduction of the Building Professionals Amendment Bill will be an improvement to the state planning system.
According to the Department of Planning, the proposed amendments aim to streamline the plan-making process, create an independent assessment regime for large projects, improve rights in the review of development proposals, toughen rules and penalties for accredited certifiers and provide a more ‘accountable’ developer contribution system.
However, the Local Government and Shires Association (LGSA) of NSW believe the draft bills will result in communities losing their right to ‘have a say’ over local developments as councils’ role in the development process will be significantly reduced and funding of local infrastructure under threat.
The LGSA has highlighted changes in community rights, complexity, probity and increased costs as main concerns in the proposed changes with council’s around the state rallying to express their qualms to the Minister.
Forbes’ Director of Environmental Services and Planning, Paul Bennett, and council’s Manager of Regulatory Control, Brendan Hayes, joined delegates from Parkes, Dubbo, Tamworth, Lake Macquarie and Gunnedah in meeting with the Minister last week and while their views were acknowledged and even sympathised with, Mr Bennett said the minister simply believes the changes are in the best interest of the state.
“We are concerned this [proposed amendment] will take away council’s ability to fully consider larger developments as a council and rather, will be replaced by Joint Regional Planning Panels (JRPPs),” Mr Bennett said.
“There will be costs for the panel to meet, which is another cost for ratepayers while also taking away council’s right to act as the determining authority.”
Under the proposed new laws, the NSW Government will increase the power of private companies to approve certain developments, meaning locals will not be notified of developments in the area and will have no avenue to object.
The State Government also wants new generic codes, dismissing community views and reducing local input, all in all, seeing local communities lose their individual and unique identity.
“The minister is looking to expand the Complying and Exempt Development Control Plan which council currently has in place, which means the State Government will be broadening the things people can do without the need to lodge a development application (DA),” Mr Bennett said.
“We’re concerned this will result in allowing private certifiers to have discretion in what is a complying development without taking into account public opinion.”
The proposed legislation is also proving a concern for members of Council’s Environmental Services department as the amendments will require each council officer to be accredited in the same way as a private certifier, which Mr Hayes said will again increase costs for council and rate payers. “We are worried as it will be a cost to be involved in the accreditation scheme for each of our building surveyors,” Mr Hayes said.
“If officers are unwilling or unable to be accredited, in effect, this could leave council unable to do the simplest of building inspections.
“Because council cannot refuse to act as the PCA for an application, we will have to employ an external consultant which is a greater cost to council, and therefore, the community.”
Forbes Shire’s Environmental Services Department currently employs a director and manager along with a health and building surveyor and a trainee health and building surveyor, however if the proposed changes are enforced, the future of strengthening the department may waver.
Forbes Shire is not the only council affected by the proposed changes with inquiries revealing that up to 35 rural councils will be affected if officers are unable or unwilling to become accredited certifiers. “This will have a huge impact on building services inspections within the western region,” Mr Hayes said.
“The shortfall will need to be serviced from private certifiers from the larger centres such as Bathurst, Orange and Dubbo.” Mr Hayes said while many rural councils employ trainees, offering career and educational opportunities for locals, under the new scheme trainees will not be able to undertake the simples of inspections, even after five years.
“Council was looking to employ another trainee however, pending the proposed changes, will have to review that decision and if we are unable to do so, it will be a huge loss to council and the youth of Forbes,” Mr Hayes said.
“Council will continue to put our concerns forward through our local member and various other government departments but if the Act is adopted, it will be in place by July 1 [2008] and the changes in regulations will be enforced in the four to six months following.”