Rodney Stevens

New planning laws introduced to address the housing crisis and a state shortfall of 134,000 dwellings over the next five years are a ‘denial of local democracy’ say the Local Government Association of NSW.

Under the planning reforms announced by the Minns government last week, housing developments with a capital investment value over $75 million, which allocate a minimum of 15% of the total gross floor area to affordable housing, will gain access to the State Significant Development planning approval pathway, removing planning decisions from councils.

Additionally, the developments will be permitted to exceed council Local Environmental Plan floor space ratio and height limits by 30 per-cent, further diminishing council plans and planning powers.

Clarence Valley Council Mayor Ian Tiley said the continual erosion of council’s planning powers was a major concern.

“The gradual reduction of planning powers over the recent years is a matter of great concern to local government,” he said.

“For a number of years now successive governments have been trying to reduce local planning powers and my council and most councils in the state have the same view that diminution or reduction of local planning powers is wrong because the local elected representatives, you would think, would have the best interest of the community and the local government area at heart.”

Cr Tiley said a prime example of diminution of council planning powers was the introduction of Joint Regional Planning Panels in 2009.

“We as local government can’t consider a development application now that exceeds $30 million dollars and for council facilities it’s $5 million,” he said.

“In the Joint Regional Planning Panel, you’ve got a panel of five and three of them, who are selected by the government, are from out of the area.”

Exceeding limits on council Local Environmental Plans is another area of concern.

“The Local Environmental Plan, the LEP of each council, is a template that’s set by the state government, and the government could indeed change that at will, but it’s a statutory document and we are obliged to follow it,” he said.

“Thank god we’ve got at least that to maintain some control over development, enabling council to ensure development is of a reasonable standard.”

The Local Government Association of NSW LGNSW says the elimination of councils from the assessment of major housing projects impacting their residents would be a denial of local democracy.

President Darriea Turley AM said she had been deluged by council concerns over the announcement and had obtained a government commitment that the local government sector would be involved in developing the framework to address the housing crisis.

“I was contacted by the State Planning Minister Paul Scully who assured me councils would be involved in the development of the new framework,” Cr Turley said.

“This will be essential to ensure that local communities are not left out of having a voice in strategic land use impacting their local areas.”

LGNSW has previously indicated its support for and willingness to work with the government on flexible and streamlined planning processes to help fast-track proposals.

“But we would not support any actions by the Government to introduce rules that override local strategic plans,” Cr Turley said.

“These are plans designed, with community input, to balance development and growth with the availability of infrastructure and ‘on-boarding’ of local communities.

“In our talks with the Government we will be making it clear that planning processes must not violate council-led local plans and should allow councils to play a key role in assessing overall strategic merit.”

NSW Premier Chris Minns said further planning reforms were on the horizon, with the NSW Government focused on driving more supply through collaboration with all levels of government, communities, and the private sector.

“We are looking at ways we can help address the housing supply crisis, this is one of them,” he said.

“These reforms will provide more homes and more affordable housing in places where people want to live.”

The government said the planning reforms will take effect later this year.