Exhibition: Environmental Planning and Assessment Amendment (eplanning) Regulation Liverpool City Council. Liverpool NSW 2170

Transcription

1 Exhibition: Environmental Planning and Assessment Amendment (eplanning) Regulation 2017 Date submission received: 15/03/2017 Name: Liverpool City Council Location: Liverpool NSW 2170 Submission form content: As per attached Attachment/s: Submission -Environmental Planning and Assessment Amendment (eplanning) Regulation 2017.pdf r Page 1

2 Ref No.: Contact: Ph: Date: 2014/ Shaun Beckley March 2017 NSW Department of Planning and Environment Environmental Planning and Assessment Amendment (eplanning) Regulation 2017 GPO Box 39 SYDNEY NSW 2001 Attention: Michael Lucchitti Dear Michael Re: Environmental Planning and Assessment Amendment (eplanning) Regulation 2017 I write in response to the public exhibition of the Environmental Planning and Assessment Amendment (eplanning) Regulation 2017 (the Regulation). Firstly, Council would like to congratulate the Department on the continued move towards our digital future. The review of what constitutes an application, and how they are made, has been long overdue. It is noted that the Regulation is not an online system in itself, however it enables the creation of an online lodgement system with the revised forms and specific lodgement requirements. While there are a number of comments provided in the attached submission, generally the execution of the Regulation is fit for purpose and will allow the planning community to move towards a common digital future. It is likely that Council will be more concerned about the implementation of an online system enabled by these and other eplanning regulations. In relation to this, Council would like to congratulate the eplanning Branch on their efforts to engage early and repeatedly. It is Council's hope that this engagement will ensure that the best practice assessment currently undertaken by Council will continue with the new online lodgement tool. It is worth noting that the early indications are very positive that this will occur. Should you require any further information on this matter, please do not hesitate to contact Shaun Beckley, Program Coordinator, on Yours sincerely //^</ ^,..'/'. / Shaun Beckley Program Coordinator- ebusiness and Planning Page 1 of 6

3 ; 17 Draft development control plan must be publicly exhibited and made available (1) Before a draft development control plan is made, the relevant planning authority: (a) must give notice on the NSW planning portal of the draft plan, and (b) must specify in the notice the period (being not less than 28 days) during which submissions about the draft plan may be made to the relevant planning authority, and (c) must exhibit the draft plan on the NSW planning portal for at least the period specified in the notice. 18 Who may make submissions about a draft development control plan? Any person may make written submissions to the relevant planning authority or on the NSW planning Development Control Plans undergo extensive public scrutiny under the existing Act and Regulations, including public notification, newspaper notices and availability directly from Council. Council would like to ensure maximum inclusiveness and engagement on development related matters and therefore considers that the removal of the requirement to provide a public notice a regression in this process. There are many members of the community who are likely to receive the local newspaper in which a notice is published that will not access the NSW Planning Portal to identify if there is a draft Development Control Plan on exhibition. Until there is a greater shift in the way the general public interact with the way that they access planning information, there is a need to continue to provide the public notice. There is also the potential to include a sunset clause in relation to this, or have it revoked upon proclamation as use of the Planning Portal becomes more ingrained in the general community. The making of the Development Control Plan via a notice on the Planning Portal is considered appropriate. There is no concern with the wording of this clause. The execution of transferring submissions from the Planning portal to the RPA will need to be simple and timely. Suggested amendment Amend the proposed clause to include a public notice for public exhibition. Page 2 of 6

4 Reference Comment Suggested amendment portal about a draft development control plan during the relevant submission period. 20 Making of development control plans following public exhibition (21) (3) Neither the whole nor any part of a development control plan is invalid merely because (without statutory authority) the plan is published on the NSW planning portal after the day on which one or more of its provisions Is or are expressed to commence. In that case, that or those provisions commence on the day the plan is published on the NSW planning portal, instead of on the earlier day. 23 Assessment and preparation fees At present, there is a timing element included within the Regulations that provide a maximum time to notify the DCP following adoption. This timeframe applies to the RPA. As proposed in the Regulation, there are now 2 stakeholders involved in the notification of DCPs, namely the RPA (typically Council) and DPEs eplanning Branch. Neither of these stakeholders have a timing requirement within the Regulation. The wording is ambiguous and unclear as what this clause Is trying to achieve. It would seem appropriate that the wording is revised to ensure that it is clear what the clause Is trying to achieve. Council acknowledges and endorses the flexibility provided by the clause for the RPA to determine the fee for DCP preparation. This is a positive element that will enable Council to determine an appropriate cost recovery for efforts in preparing and/processing a DCP. Include timeframes within the Regulation that need to be adhered to following the adoption of a DCP for both the RPA and publication on the eplanning Portal. Revise the wording of the clause to identify that the DCP can only commence once published on the planning Portal, or at a later date if specified in the DCP. Page 3 of 6

5 28 Draft contributions plan must be publicly exhibited Before a draft contributions plan is made, the council: (a) must give notice on the NSW planning portal of the draft plan, and (b) must specify in the notice the period (being not less than 28 days) during which submissions about the draft plan may be made to the council, and (c) must exhibit the draft plan on the NSW planning portal for at least the period specified in the notice. 31 Making of contributions plans (1) After considering any submissions duly made about the draft contributions plan, the council may, by publication on the NSW planning portal: (a) make the plan in the form in which it was publicly exhibited, or (b) make the plan with such alterations as the council thinks fit. (2) If the council decides not to make the plan, the council is to give notice of its decision, and the reasons for its decision, on the NSW planning portal. Clause 38 Copies of contributions plans to be publicly available The comments made in reference to Clause 17 above are also valid for contributions plans. The words "duly made" seem superfluous in the context of this regulation. It is worth noting that generally the wording used in the Regulation is more user focused than other regulations. Omission of this clause is a great step in the evolution of the use and reliance on online systems for the accessibility of planning related documents. Suggested amendment Amend the proposed clause to include a public notice for public exhibition. Remove the words "duly made" from the Regulation. Page 4 of 6

6 i;<4?)h.(" 'A'lnliTl^i'r ^ l??l.'?l'^]ii^tflnl=in' Clause 48(2) Note: A copy of the form is contained in the document entitled Secretary's Requirements and may be downloaded from the NSW planning portal or made available by a consent authority in hard-copy form to proposed applicants on request. It seems a little at odds with the trajectory of the planning system that the form will made available in hard copy format by the consent authority. Clause 49 Persons who can make development applications Omit "in writing" wherever occurring in clause 49 (1)(b), (2) and (3). The removal of written owners consent is another fantastic initiative of this amendment that is wholly supported by Council. Clause 50 (3) (d) if the applicant is not the land owner, the land owner is to be notified of the registration number and the date the application was lodged. Clause 51 Rejection of development applications Omit clause 51 (1) (b). Insert instead: (b) the application does not contain all of the required information or is not accompanied by all of the required documents specified in the authorised development application form (including information or documents required by the Act or this Regulation), There is no timing element to when this needs to occur. Given the potential for an application to be lodged without landowners consent, the notification of the land owner in a timely fashion represents an important check in the new process. It Is unclear if the documents required as a part of the Secretary's Requirements form part of the authorised development application form. It is noted that in proposed Clause 51(1)(c) that there is an attempt to define what information and documents are required to support an application. However, there should be a clearer link between the Regulation, the secretary's Requirements, the application form and the associated documents identified in the relevant subsection. Include a time component, example 14 days from receipt of application, for RPA to notify owner. Update wording in Clause 50(1 )(c) to include specific reference to Secretary's Requirements. Page 5 of 6

7 ; Suggested amendment Clause 51 (4) and (4A) Clause 56 Extracts of development applications to be publicly available (2) Extracts of a development application relating to the erection of a building sufficient to identify the applicant and the land to which the application relates are to be made available on the NSW planning portal. Clause 102 How soon must a notice of determination be sent? (1A) The consent authority may, but need not, publish the notice of determination on the NSW planning portal. Providing the RPA with the flexibility to withhold the necessary fees to offset the cost of processing and assessing an application is a positive step. The ability to retain any or all of the fee may also act as a deterrent for applicants attempting to manipulate the development assessment process. In relation to transparency, requiring the RPA to identify the reasons why an application was rejected is also a positive step. This allows an applicant to understand the reasoning behind the decision and take the necessary remedial actions. As we progress to all applications being lodged using the Planning Portal, there should be ready access to all associated plans and documents. It is unclear where the plans of the building will be available as currently required by Clause 56(2)(b). This is an optional requirement for RPAs. However, it is worth noting that a simple, user friendly approach to this will likely result in a greater proportion of decisions being provided by RPAs. Ideally, this would actually be a digital transaction between the RPA and the Planning Portal without the need for human intervention. Clarify if plans of the building still need to be made available. Page 6 of 6