Industry News A NEW PLANNING SYSTEM FOR NSW PLANNING SYSTEM GREEN PAPER

Transcription

1 Industry News EDITION 27, AUGUST 2012 A NEW PLANNING SYSTEM FOR NSW PLANNING SYSTEM GREEN PAPER The NSW Government has released the Green Paper - A New Planning System for NSW. The Green Paper proposes 23 'transformative changes' to the planning system to move from a heavily regulated and prescriptive system to a simpler, strategic and transparent system which will include a Public Participation Charter. The Green Paper is the government's response to the report of the independent panel which was established in 2011 to review the NSW planning system. Following extensive consultation the independent panel, led by former NSW Government ministers Tim Moore and Ron Dyer, has produced a two-volume report with 374 recommendations - The Way Ahead For Planning in NSW. A review of international best practice in planning law, which was commissioned to help inform the preparation of the Green Paper, has also been released. The review was conducted by Leslie Stein, scholar in residence at the Centre for Environmental Legal Studies at Pace University in New York. Public feedback on the issues raised in the Green Paper is being invited until 14 September Information Sessions are to be held in Wagga at the Commercial Club on 21 August A Stakeholder Session from 2pm 4pm. A Community Session from 6.30pm 8pm. A White Paper and an Exposure Bill are proposed to be released later in The documents are all now available online at Impacts on certification The Green Paper proposes a new planning act to be an enabling act which establishes a broad framework for the planning system. Land use planning and development assessment policies would be provided in the form of delegated instruments or practice notes and guidelines, enabling flexibility to respond to change when there is a shift in policy without the need to amend the legislation. In relation to the certification system, the Green Paper proposes: increasing code assessment (complying development) to reduce transaction costs and speed up approvals increasing the range of development exempt from any approval extending development types that accredited certifiers can approve allowing councils to vary standards for specific applications expanding the electronic housing code working with councils, industry and planning and building professionals to make code assessment simpler and more user friendly (10 day approval for fully compliant development by a certifier; 25 days for partially compliant development assessed by a certifier and council (for non-compliant part); 50 days for merit assessment). developing clear principles about the types of development consent conditions that are appropriate and facilitating the development of standard conditions, possibly on a regional basis for consistency. Importantly, the Green Paper also proposes a review to identify improvements to building regulation, policy, systems and responsibilities. To ensure such a review is independent and focuses on policy fundamentals, the review will be independently overseen, with the Building Professionals Board (BPB) providing appropriate input.

2 TEMPORARY BUILDERS STRUCTURES When undertaking construction that has the benefit of a development approval it is possible to erect a Temporary Builders Structure for the duration of the construction without the need to include this structure in the application or the need for a further Development Application. Examples of what a Temporary Builders Structure might be include site office, storage building, amenities etc. The ability to erect the Temporary Builders Structures without the need for development approval falls within subdivision 39 of the State Environmental Planning Policy (Exempt and Complying Development Codes) The relevant section can be seen below. The Builders Structures must comply with the development standards listed in Section 2.78 (a) through (e). Subdivision 39 Temporary Builders Structures 2.77 Specified development The construction or installation of a building site shed, office or associated amenities structure is development specified for this code Development standards The standards specified for that development are that the development must: (a) be located on the lot in relation to which a development consent has been granted, and (b) if it contains plumbing fixtures, have those fixtures connected to an approved waste water treatment device or an approved connection to the sewer, and (c) not be used for residential purposes, and (d) (Repealed) (e) be removed from the lot immediately after completion of the works for which the development consent was granted. Council has Fact Sheets for exempt development available on its web page. The particular fact sheet for Temporary Builders Structures can be found at the following link and by following the planning and quick documents link. Should you have any questions with regards to this issue please do not hesitate in contacting Councils Development Services Section on ADMINISTRATION IMPORTANT - When providing information relating to an application that may be required for an upcoming inspection, please identify this to the Officer when booking any inspections. This enables a check to be done of Council s system that the information is, in fact, received and placed on the applicable file in readiness for any further inspections.

3 The Australian Institute of Building Surveyors and its members have raised concerns over the efficacy and complexity of the current BASIX system, and question whether or not it achieves the original objectives of the system. These concerns are long term and, despite the eight years of BASIX operating in NSW, the members continue to express their disappointment with the system. It is appreciated that the BASIX system was introduced at a time when the Building Code of Australia (BCA) was not concerned with sustainability and thermal comfort in residential buildings. At that time BASIX was setting the standard for sustainable building in Australia. The concerns of the BASIX system relate to the additional time and cost required for Certifiers to appropriately accept and monitor, through the building process, the BASIX Certificate. Additionally, comment has been provided from industry, that there are far simpler and less costly techniques to ensure NSW has sustainable residential buildings rather than operate a costly system such as BASIX. The specific comments relating to the operation of BASIX are: 1. The system is complex and onerous. The system requires a certificate with commitments at the development consent application stage, details shown on plans at the construction certificate stage, and an online submission by the Principal certifying Authority at occupation certificate stage. This is time consuming. 2. The concern is that all commitments are based on the Development Application plans and if changes are made during the DA process, the certificate is no longer valid, but is likely not to be updated for the Construction Certificate. For example if windows are altered for privacy, or a bedroom is replanned, there could be significant impact on the validity of the certificate as a result of what appear to be minor architectural changes. This is further time that is effectively wasted and indeed the integrity of the Certificate is questioned. 3. The validity of BASIX certificates is also of concern, given that there is no auditing of certificates or the checking of inputs by the state government. Without this control there is no validity to any of the outcome reports as they may be based on fictional information - e.g.,should a DA application not be thoroughly checked for bedroom number, postcode and correct conditioned space, the outcome Certificate will be invalid. This places additional time requirements and complexity on Certifiers. It is particularly relevant that a misinterpretation of the conditioned space has a huge impact on the final energy calculations and thermal insulation required to a building. 4. Untrained people can use the BASIX website to generate a certificate. The system allows the user to have multiple attempts and therefore it is simply a matter of adjusting figures until a pass is achieved. Further these untrained individuals create greater needs for extra time to be assessed in the processing of these documents. This time by both Certifiers and applicants is an unseen but real additional cost in the BASIX process. There are also concerns of the costs to this State in operating such a system when the system contained in the Building Code of Australia and used by other states is cost neutral. The report into BASIX for the period of indicated that the BASIX system did show great improvements over the previous BCA which had no provisions relating to energy conservation. Again it should be stated that, as no effective audits have been undertaken on an ongoing basis, the validity of the Certificates are questionable and hence the entire benchmarking report becomes largely invalid. However the summary of outcomes which are detailed in this report is: WATER: EFFICACY OF BASIX QUESTIONED 95% of Certificates nominated a rainwater tank with connection to garden, toilets and laundry. (Note that despite this, it is still acceptable to install a mains water connection to the laundry). Most water fittings are 3 star, with up to 30% of Certificates using 4 star or higher fitting. ENERGY: Essentially the Report notes that the only consistent change to pre-2005 practices is not to use an electric hot water system.

4 THERMAL COMFORT: The report notes BASIX Certificates are on the whole exceeding four stars. This comment is of course nonvalid due to the many Certificates generated through the use of the BASIX Rapid and DIY methods, which are in themselves a variant form of Deemed to Satisfy (DTS) compliance of B.C.A. It should be remembered that until about 2010 the DIY system allowed a ventilation calculation to add a further dilution to the DTS comparison. The Report also states: The sample data from simulation inputs for shows that single dwellings in NSW are being designed to achieve an average 4.8 NatHERS stars. This naturally is now inferior to the requirements of the NCC (6 Star) and has been for 2 years. This approach encourages inferior housing design in NSW, relative to elsewhere in Australia. It is the position of the NSW Chapter of the AIBS that the NSW government should adopt the provisions of the current BCA with some simple enhancements with respect to water and energy sustainability. Currently, the benefits of the National Construction Code that are recognised by Industry practitioners are: Simplicity of interpretation for Industry. There is no opportunity to forget certain critical issues such as correct installation of insulation. Several critical issues which are not directly specified in BASIX have the tendency to be easily overlooked. Industry practitioners have been led to believe that the BASIX Certificate is all encompassing and many have forgotten the requirements of the NCC and the applicable NSW variation. Consistency, to some extent, across Australia. Higher thermal comfort standards with 6 star. Better overall outcomes for lighting. (In BASIX it is very easy to gain compliance.) For most dwellings, without the need for efficient lighting. Whilst in 2004 the BASIX system offered a solution to improve building sustainability in NSW, it currently lags behind almost all other states and territories in its sustainability outcomes. BASIX is a system which costs NSW taxpayers annually to operate and now requires payment from applicants, which is an added burden on an already over regulated approvals system. In general, the question should be asked: Is there a simpler, less costly way to achieve the same outcomes that the BASIX system currently offers?" The following requirements are offered as a simple low cost solution for building compliance in NSW for Class 1 buildings (other classes could incorporate a similar simple set of requirements). Essentially, it is based on NCC compliance but adds, at least for the present, the following additional items: 1. Six star dwellings (currently exists); 2. A water tank supplying the garden and toilet, the size of which is based on total internal floor area or perhaps bedroom number, supplied by 2/3 of the dwelling roof area and uses a minimum of three star water (toilet, shower and tap) fittings; 3. The energy requirements should consist of the minimum standards of the following: Gas, solar or electrical booster Non electrical hot water system 60% of lights to be efficient Air conditioners to be greater than two star minimum standard, and Where natural gas is available, should require gas cook tops. If only electricity available, the development should incorporate a clothesline to offset use of a clothes dryer.

5 DISABLED ACCESS AS (2009) is the current Australian Standard called up by the Building Code of Australia (BCA) where disabled access is required by the BCA according to the use of the building. The new Australian Standard commenced on 1 May 2011 and has made several changes when compared to the previous 2001 standard. Some of these changes: The increased floor area size of the disabled access toilet to 1.9 m x 2.3 m circulation space to the toilet. As measured from the finished wall surfaces. The increased doorway width to 850 mm clear of door frames and the door leaf (a 920 mm wide door is required to achieve the required width). A minimum 1.4 m circulation space around the toilet pan rather than 1.1 m previously. Requirement for a mirror and shelf. Requirement for a backrest be installed to the toilet. Signage to include Braille and LH or RH referring to left hand transfer or right hand transfer from a wheelchair to the toilet. Increased size of carparking space to include a shared space beside the designated carparking space. Included are some extracts from the Australian Standard to illustrate the changes that are now in force. It is recommended that if you are not sure about the construction requirements for a disabled toilet and other items such as access ramps that you consult with Council. This will help to avoid any costly and time consuming rectification works that may be required to ensure compliance with the disabled access provisions.

6 Other areas that are new to the Australian Standard or are often misunderstood relate to such things as measures to aid people with vision impairment such as: 75 mm solid glazing strip to full height frameless glass units that may be confused as an opening. Nosing strip to stairs in a contrasting colour to the stair to aid in safely travelling up and down stairs. Solid/opaque risers required to stairs (ie no open risers between stairs) Tactile Ground Surface Indicators (TGSI s) to the top and bottom of stairs, ramps and the like designed to warn p e r s o n s with a v isual impairment that stairs or the like are nearby. INTRODUCTION OF NEW B5 BUSINESS DEVELOPMENT ZONE The NSW Department of Planning and Infrastructure have approved a new B5 Business Development zone for the Wagga Wagga Local Government Area which incorporates land on the eastern and western sides of Dobney Avenue and Pearson Street (between Edward Street and Urana Street). Amendment No 2 to the Wagga Wagga Local Environmental Plan 2010 approving the B5 Business Development zone was published on 20 July The Business Development zone will retain most of the previous provisions while permitting new Bulky Goods Premises to locate in the Dobney Avenue/Pearson Street precinct. The Dobney Avenue/Pearson Street precinct will provide a centralised hub for local jobs and further localised economic development activity.

7 SIGNS ON DEVELOPMENT SITES Under the conditions of development consent or work classed as Complying Development, principal certifying authorities (PCA) and principal contractors are responsible for erecting a sign on the site of any building, subdivision or demolition work (this does not include internal work on an existing building that does not affect external walls). The sign includes contact information, allowing the community to contact the PCA (the Council or an accredited certifier) and the principal contractor to raise issues or make inquiries about a development. The PCA must be available to answer and deal with such inquiries and complaints. What information needs to be on the sign? The sign must include: the name, address and telephone number of the PCA the name, address, and day and after-hours business telephone numbers of the principal contractor a statement that unauthorised entry to the site is prohibited. NOTE: Council currently has durable laminex - PCA signs available to purchase at a cost of $5.00 from Council s Customer Service Centre. What type of sign is required? The sign must be rigid and durable, with legible and clear text that can be clearly seen by a person standing outside the site. You can use a sign already on the site and it does not need to be professionally designed or even typed information simply needs to be clearly visible and protected from inclement weather, such as by laminating. Where should the sign be located? The sign must be installed in a prominent position. It is not sufficient for the sign to be placed in an out-of-the-way corner where people are unlikely to see it. The PCA should consider whether it is better to place the sign with other information signs on the site or in its own distinct location. Is one sign enough? The PCA and the principal contractor can each install their own signs, but it may be easier for the community if all required and relevant contact information is on the one sign. Under regulations, only one sign containing all the required information is needed. The PCA and the principal contractor may erect additional signs depending upon the size of the site. How long must the sign remain up? The sign needs to be maintained while the work is being carried out and must be removed at the completion of work. What happens if one is not installed? Without a sign containing contact numbers, the community will not know who to call to find out more about the work taking place. In addition, if a sign is not installed and maintained, the PCA and/or the principal contractor can be given an on-the-spot fine of $250 for an individual or $500 for a corporation. Council may also issue an order to require a sign to be installed.

8 Council now has a Twitter page. If you would like to keep in contact with a selection of Council's latest news items subscribe to the Wagga Wagga City Council Twitter page at In recognition of the growing social media market and the need to consistently look for new ways to communicate with the community, the Planning Directorate will trial the effectiveness of twitter as a mechanism for communicating with the community and the development industry. The Planning Directorate has started tweeting regularly about development issues (both locally and state wide) that affect our community and that are of interest to the development industry. What is it? Twitter is an online social networking, micro-blogging, and short message service that enables users to send and receive text-based posts of up to 140 characters, known as tweets. For example: NSW Planning System Green Paper Consultation - #Wagga forum will take place on Tuesday 21 st August. Register here bit.ly/mnk5xb There are 56types of Exempt Development that can be undertaken without Council consent! Check out our fact sheets: bit.ly/muwfqf Twitter is a real-time short messaging service that works over multiple networks and devices. Council uses Twitter to broadcast messages we believe may be of general interest to our community such as, special dates, events, meeting invitations, industry news, and a variety of other information. Twitter can offer an alternative method to alert and converse with the media and the community. The Planning Directorate will be using it as a channel to provide news updates, industry changes, statistical information such as current development applications, and events as they happen. Please note, that the Planning Directorate does not use the 'direct messages' facility in twitter to respond to enquiries from the public. We are using Twitter as a broadcast channel only. Why we are using Twitter Twitter allows users to subscribe to other users' tweets this is known as following and subscribers are known as followers. By subscribing to the Wagga Wagga City you will be able to keep up to date with the Planning Directorates tweets as a follower and would be informed via your twitter account every time the Council s Twitter feed is updated.