Developers beat a path to Sartor's door as critics query powers
Up to eight developers a week appeal to Mr Sartor to
"call in" their multimillion-dollar residential or commercial
projects under controversial planning laws introduced last year.
The laws allow Mr Sartor to seize authority over the
projects from councils, often slashing the time taken to approve them.
But critics say the shortcut undermines the accountability
of decisions, does not adequately protect the environment and can ignore
community concerns.
While the minister says he is becoming more selective about
using his powers, he has declared about 230 developments "major
projects" or "state-significant sites" in the 11 months since he
was appointed.
About two-thirds of them - including mines, hospitals, major
marinas or sporting facilities and developments in coastal zones or other areas
such as Olympic Park - automatically become major projects under the law.
But Mr Sartor has angered councils and communities by using
his discretion to seize control of dozens of expensive residential or
commercial projects.
His decision to assume authority over the $800 million
development at the Carlton
and United Breweries site on Broadway last month was one of his most
contentious.
He revealed that the site's owners, Foster's, had asked him
to take control of the project last December, but he waited six months before
wresting it from the City of Sydney Council.
"The only regret is that I didn't intervene
sooner," Mr Sartor said at the time of his announcement.
The Urban Development Institute's NSW executive director,
David Poole, said developers approached Mr Sartor only when they were fed up
with council red tape.
"It [the council process] is full of obfuscation,
obstacles, turf wars, costs, delays … the reality is we are so over-regulated
now," Dr Poole said.
But he said developers were monitoring the Planning
Department, concerned that it was not adequately staffed to deal quickly with
all of the projects that were called in.
The Local Government Association's president, Genia
McCaffery, who is the Mayor of North Sydney, said Mr Sartor's powers meant some
planning decisions were no longer made at a local level.
"There is an expectation among the development industry
that anything over $50 million, the minister will call it in," Councillor
McCaffery said.
"There are still far too many applications being
decided by the minister that are ordinary developments … they are just large.
There's no justification for those developers not to have to go through the
same processes that everybody else has to go through.
"What we are creating is a hierarchy of development in
this state that I think is undermining the openness and transparency and
accountability of the development process."
Jeff Angel, who heads the Total Environment Centre, is
concerned that Mr Sartor can now override other agencies, such as the
Department of Environment and Conservation. That meant developers no longer had
to go through rigorous environmental assessments and could avoid laws that
protect native vegetation, threatened species or heritage, he said.
But Mr Sartor said his powers allowed a more flexible and
speedy approach instead of the "rigid, formulaic process" of
councils. He said most of projects he chose to call in were complex - some at
councils' behest, rather than developers' - and benefitted from his
department's expertise.
But he disputed concerns that developers got what they
wanted simply because projects came under his authority, saying more than 40
projects had been either rejected or withdrawn because they would fail.
"[These powers] give the Minister for Planning and the
department a one-stop shop … the problem for local government is it has an
appalling record in this area," Mr Sartor said.