How the planning system stifles debate - 17 March 2006
'THE long way is always the short
way" was the cryptic advice I received as a law clerk. Yet it points to
the importance of providing a process for public input into planning and
development proposals.
Public participation is a fundamental element of good planning. Theorists and
practitioners point to its role in achieving better results as local knowledge
and interests help planners adapt new developments to the neighbourhood. Even
where such interests are rejected, at least the public can feel confident they
have received a hearing.
The right for the public to participate in planning was only won after a long
and hard fight. Until the 1970s, planning was left to bureaucrats. There was no
easy way for communities to support or fight proposals that would permanently
alter their local area. It was only after community action like the green bans
at Kellys Bush and The Rocks that State Parliament was forced to respond,
providing "increased opportunities for public involvement and
participation" as a bedrock objective of the Environmental Planning and
Assessment Act 1979.
Yet, during the past decade the State Government has progressively gutted
opportunities for public participation from the planning process. In 1998 the
planning system was "streamlined" so that neighbours would have no
right to respond, or even be notified, of developments labelled
"local" or "complying". Planning instruments enforcing
medium-density developments were applied over neighbourhood controls designed
by and for local communities.
Councillors were put in the farcical position of having to apply standards
imposed in these state policies, even though many were elected on platforms
that contradicted blanket urban consolidation. The result was an escalation in
litigation, and a concerted attack on the Land and Environment Court, which had to interpret
and enforce complex and uncertain policies.
Last year the Government decided to further erode public participation by
giving itself the power to declare certain developments "critical
infrastructure" or "state significant", where public
participation is either eliminated or limited. Appeals to the Land and Environment Court
on critical infrastructure proposals were abolished. Even public comment on the
amending legislation was muzzled. The original 1979 act only proceeded after
six months of public comment. The 1998 changes followed three months of
comment. But the 2005 bill was introduced without any public input.
Now State Parliament is discussing whether to give the Minister for Planning
the power to unilaterally impose an administrator or a panel to take over all
the planning functions of a council. These technocrats will be able to make
plans or determine development applications in place of councillors elected by
the community.
In addition, the minister will be able to make development control plans that
provide guidance on how neighbourhoods should grow and change. Previously, this
was a function of local councils in co-operation with the community. It was the
only level of planning not subject to ministerial control or veto. No longer,
it seems.
The Government still ostensibly recognises the importance of public
participation. In the 2001 PlanFirst reforms "the existence of formal
opportunities for public participation" in planning was lauded as one of the
strengths of the NSW system. But by failing to reconcile its rhetoric with
reality, the Government will only exacerbate conflicts in the system, as
residents realise meaningful opportunities to participate in decisions that
affect their environment are illusory.
The Government says this is all about moving from a "process-driven
approach to an outcomes-focused service". But this reveals a fundamental
misunderstanding. Planning is process. It is the process that produces good
outcomes, not the other way around. As Dwight Eisenhower commented, "plans
are nothing, planning is everything".
Robert Stokes is a senior lecturer in
law at Macquarie University and is vice-president of the
NSW Young Lawyers.
http://www.smh.com.au/news/opinion/how-the-planning-system-stifles-debate/2006/03/16/1142098598195.html