15 Nov 2013
The department's Director-General Sam Haddad has written to the Lock the Gate Alliance in response to a number of issues the group raised about the new planning system in a media release this week.Read the Director-General's letter
Here is how the new planning system will address the issues which have been raised:
On major project approval and appeal rights
There are no changes proposed to the way that major projects, such as coal mines and gas fields, are assessed in the new planning system.Local councils and communities will continue to be consulted when major mining projects are assessed. Independent experts in the Planning Assessment Commission will continue to determine most major mining projects in NSW under delegation from the Minister.
No changes are proposed to limit existing community appeal rights for decisions about potentially high-risk development that may have significant environmental impacts (such as coal mines and gasfields).
On community participation
Since coming to office, the Government has acted consistently to return planning powers to the community.It repealed the Part 3A system and increased council powers to make decisions on regionally significant projects from $10 million to $20 million.
We are committed to introducing effective, upfront community engagement in strategic planning in the new planning system. For the first time those rights will be enshrined in law through the Community Participation Charter, with the new mandatory requirement for all strategic plans to be publicly exhibited.
Community input will occur where it has most influence – upfront, as new strategic plans to guide development and manage growth are prepared, delivering on our promise to return planning powers to the community.
The State Government and local councils will be required by law to prepare Community Participation Plans which will set out how and when the community is to be involved in planning decision making.
All planning authorities making important decisions will have to consider public submissions and then publish both reasons for decisions and an explanation of how those submissions were considered.
On corruption
The legislation includes significant elements that will minimise the risk of corruption including:
- A greater focus on strategic consistency will increase certainty and transparency in planning outcomes by requiring a clear line of sight between development decisions and State,regional and local strategic plans.
- A performance based approach to planning controls will promote objective and measurable outcomes and reduce discretion.
- Increased transparency and public scrutiny with new mandatory community participation requirements on decision makers to publicly notify decisions and publish reasons, including how community views were taken into account.
- Retaining and strengthening the requirements for disclosures of reportable political donations.
- Increasing the role of independent panels and decision makers.
- Retaining the existing rights to bring proceedings for development which is tainted by corruption and for the Minister to suspend these development consents.
- DP&I letter to ICAC (11 October 2013)
- ICAC letter to DP&I (18 October 2013)
- DP&I letter to ICAC (22 October 2013)
- ICAC letter to DP&I (22 October 2013)
On protection for water resources
The Government has introduced strong protections for aquifers through new regulatory controls on water impacts from State significant mining and coal seam gas projects.As part of the implementation of the Strategic Regional Land Use Policy, the Government established the Mining and Petroleum Gateway Panel.
The Gateway Panel’s role is to conduct an independent, upfront and evidence-based assessment of the impact of new State significant mining and coal seam gas proposals on strategic agricultural land and its associated water resources, before a proposal proceeds to the development application stage.
State significant proposals are also subject to tailored environmental assessment requirements prepared in consultation with relevant agencies, including the Office of Water. This ensures appropriate conditions can be imposed on planning approvals to address environmental impacts, including the protection of water resources.
Any State significant projects that are likely to have a significant impact on water resources will also be referred to the Commonwealth’s Independent Expert Scientific Committee (IESC) to consider water resource impacts as part of the development assessment process.
“© State of New South Wales through the Department of Planning ”
Images @ Eminpee Fotography
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