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Independent Planning Commission Called for by Local Government
The Minister can take control of a residential, retail or construction project with a capital investment value of more than $50 million if, in his opinion, it is of state or regional significance.
The President of the Local Government Association, Cr Genia McCaffery, said the current lack of transparency and the wide-ranging powers conferred on the Minister had increasingly marginalised communities from the development process for major projects.
“Amendments to our planning laws have resulted in a loss of planning powers among councils, and has promoted a perception of, and increased the potential for, undue influence and corruption in the development process,” Cr McCaffery said.
“This has only served to frustrate and alienate many local councils and our communities when we try to achieve good planning outcomes.
“The ability of councils to fund infrastructure associated with major developments is also being undermined because of significantly reduced section 94 contributions being made to councils when the Minister intervenes.
“We want an independent planning commission to undertake the assessment of major development projects, engage with councils and the community, and make recommendations to the Minister for Planning.
“The legislation also should be changed to provide objective criteria for determining when developments or sites are of state or regional significance,” Cr McCaffery said.
The President of the Shires Association, Cr Col Sullivan OAM, said State Cabinet should determine such applications if the Minister for Planning rejected the advice of an independent planning commission.
“We also need a clear definition of the ‘exceptional circumstances’ that result in a project being declared critical infrastructure.
“The existing legislation is being increasingly used to override local development controls. In some instances, state-determined heritage and environmental requirements and guidelines are also being ignored.
“The legislation has led to unnecessary and unjustified ministerial intervention in development applications in Sydney and many other parts of the State,” Cr Sullivan said.
“Councils are being given inadequate time to comment on major developments taken over by the Minister.
“And councils cannot recover their costs after using significant resources to provide the Minister and his department with advice on the impacts of the development on their local community,” Cr Sullivan said.
[See policy paper on the link below:
