Agenda of Policy Review Committee Meeting

Council_Mark_POS_RGB 2013 MEETING CALENDAR

January 2013 - December 2013

(adopted by Council 19/11/12)

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Ordinary Council Meeting

7.30pm

23^?

(7.00pm)

25@

29v

27#

24 *

26@

21∞

25#+

Policy Review Committee

7.30pm

?v	Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) are endorsed for exhibition
?*	Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) are adopted
?#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
?@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for June and December) are presented
?^	Election of Mayor/Deputy Mayor
??	Meeting at which the 2012-2013 Annual Statements are presented
?∞	Meeting at which any comments on the 2012-2013 Annual Statements are presented
?+	Meeting at which the Annual Report is presented

- Extraordinary Meetings are held as required.

- Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact the Senior Governance Officer, Glenn Schuil.

Policy Review Committee Meeting ??????????????????????????????????????????????????????????????????????? 17 June 2013

A Leading City

The Independent Local Government Review Panel ~ Future Directions Paper???

Compiled by:?????????????? Glenn Schuil, Senior Governance Officer

Authorised by:??????????? Stephen Britten, Group Manager - Legal & Governance ??

Objective	We demonstrate accountability, transparency and ethical conduct
Community Outcome	A Council that behaves responsibly and ethically (5)
Strategic Response	Champion accountability and transparency, and responsible and ethical behaviour (5.1)

???????

Executive Summary

The Independent Local Government Review Panel (ILGRP) released its Discussion Paper titled Future Directions for NSW Local Government: Twenty Essential Steps (the Paper) on 24 April 2013. The Paper provides a number of draft options for consideration for the future of local government in NSW and makes suggestions for improving fiscal responsibility and financial sustainability of Councils and the services and infrastructure that are critical to the sector and the State.

The Discussion Paper contains a strong flavour that ?no change is not an option?. The Paper provides an opportunity for all Councils to engage and contribute in the consultation process by lodging a submission that is due on 28 June 2013. Tonight?s report provides a draft submission for the Council?s consideration (attached).

The Panel?s Paper has proposed the amalgamation of Councils within the CBD and in the country and proposes a reduction from the current 42 Councils in the metropolitan area to only 15.? The Paper has proposed that there be ?no change? to the boundaries of Penrith City Council apart from a reference that some minor changes between Wollondilly Council and Penrith City Council may be required.

Given that the Council is a Regional City it is considered prudent that a position be put forward to the Panel that there is a case for further discussions about potential boundary changes with our neighbouring Councils, which will better reflect the Regional role Penrith plays.

To reinforce the Council?s position as a Regional City, the General Manager has commenced discussions with neighbouring General Managers and Acting General Managers about communities of interest, suburbs truncated by LGA boundaries and also the potential to develop a strong regional governance model.

This report seeks endorsement to submit a submission to the Panel based on the positions taken within the attached draft submission.

Background

Following a request from the then Local Government and Shires Association of NSW, the NSW Minister for Local Government agreed to appoint a three member Panel to develop options to improve the strength and effectiveness of local government in NSW.

The Panel was asked to identify options for governance models, structural arrangements and boundary changes for local government in NSW, taking into consideration:-

1.???????? Ability to support the current and future needs of local communities

2.???????? Ability to deliver services and infrastructure efficiently, effectively and in an timely manner

3.???????? The financial sustainability of each local government area

4.???????? Ability for local representation and decision making; and

5.???????? Barriers and incentives to encourage voluntary boundary changes.

The Panel is now in its third of its planned four Stage review of local government. The Panel is required to finalise its report to the State Government in September 2013.

Current Situation

Councillors were recently briefed on the Future Directions Paper released by the ILGRP and as a result a number of minor amendments have been included in the proposed submission to the Panel.

The attached draft submission outlines Council?s position on the issues raised in the Paper for discussion tonight. There were a total of 61 issues which were responded to, with the Council?s submission largely supporting the concepts raised by the Panel. In total the submission supports 52 issues and does not support 9 issues. The submission also provides some detailed commentary and further ideas that it is believed warrant further investigation in respect to Council?s current and future role as a Regional City.

Next Steps

The proposed submission taking into account any comments from Councillors at tonight?s meeting will be sent to the Independent Local Government Review Panel by the 28 June 2013 deadline. Further information will be communicated to Councillors when the Panel?s final report is produced, that is expected to be around September 2013.

RECOMMENDATION

That:

1.???? The information contained in the report on The Independent Local Government Review Panel ~ Future Directions Paper be received.

2.???? The draft proposed submission be endorsed by Council for submission to the Independent Local Government Review Panel by 28 June 2013.

ATTACHMENTS/APPENDICES

1. View

Draft Submission to the Independent Local Government Review Panel

37 Pages

Attachment

Policy Review Committee Meeting ??????????????????????????????????????????????????????????????????????? 17 June 2013

A Leading City

Local Government Acts Review???

Compiled by:?????????????? Matthew Bullivant, Senior Legal Officer

Stuart Benzie, Administration Officer - Policy & Communication

Authorised by:??????????? Stephen Britten, Group Manager - Legal & Governance ??

Objective	We demonstrate accountability, transparency and ethical conduct
Community Outcome	A Council that behaves responsibly and ethically (5)
Strategic Response	Champion accountability and transparency, and responsible and ethical behaviour (5.1)

???????

Executive Summary

The Local Government Act Review Taskforce (the LGAT) recently released its Discussion Paper on A New Local Government Act for NSW. In total the LGAT?s Discussion Paper contains 25 proposals relating to the content of the Act and 1 proposal relating to the approach and principles for the development of a new Act. Of those proposals the LGAT has deferred 5 pending the outcome of other reviews that are currently taking place.

The LGAT has called for submissions in response to the proposals in the Discussion Paper. It is intended that Council?s submission to the LGAT will support 18 of the 25 proposals relating to the content of the Act (including the 5 deferred), partially support 5, and not support 2. The 2 items not supported in Council?s draft submission relate to proposals by the LGAT to establish a mandatory Code of Meeting Practice, and to remove some of the protections that currently exist for the management and disposal of Public Land.??

It is also intended that Council?s submission will support the single proposal relating to the approach and principles for the development of a new Act.

This report seeks endorsement for the attached draft submission on the Local Government Acts Review Discussion Paper.??

Background

A review of the NSW Local Government Act 1993 and the City of Sydney Act 1998 is taking place as part of the various local government reform initiatives that are currently underway. ?

The LGAT was established by the Minister for Local Government, The Hon Don Page MP, on 27 August 2012 to re-write the Local Government Act 1993 and review the City of Sydney Act 1988. The LGAT is chaired by Mr John Turner and also consists of Mr Stephen Blackadder, Mrs Gabrielle Kibble AO and Dr Ian Tiley.

The role of the LGAT is to consult with key stakeholders and to take into account those recommendations of the Independent Local Government Review Panel (the Independent Review Panel) that are adopted by the Government. The Terms of Reference for the Taskforce include:

???? ?Take account of the work, findings and government decisions, in relation to the NSW Planning System Review, the Destination 2036 Action Plan and the NSW State Plan ?NSW 2021 ? A Plan to make NSW number one?.

???? Conduct its work in a manner that recognises the terms of reference and approach being taken by the Independent Review Panel.

???? Adopt the decisions of the Government in relation to the recommendations of the Independent Review Panel.?

The LGAT?s work is being undertaken in three key stages as follows:

???? Stage 1 ? release of Preliminary Ideas Paper

???? Stage 2 ? release of Discussion Paper, and

???? Stage 3 ? Final Report to Minister (expected September 2013)

Stage 1 saw the release of the LGAT?s Preliminary Ideas Paper in October 2012. The Ideas Paper was intended to generate discussion and ideas regarding the form and content of the new legislation. All interested parties were invited to make a submission to the LGAT in response to the Preliminary Ideas Paper. Council made a submission to the LGAT in response to the Preliminary Ideas Paper on 16 January 2013.

The LGAT is now at Stage 2 of its program with the release of its Discussion Paper on 4 April 2013. The LGAT has called for submissions in response to its Discussion Paper and the closing date for submissions is Friday 28 June 2013.??

The LGAT?s Discussion Paper on A New Local Government Act for NSW

The LGAT?s Discussion Paper is designed to provoke thought and discussion on how the legislation and regulatory regime can be best designed to provide an optimum framework for long term sustainable local government in NSW. Council?s officers have been reviewing the LGAT?s proposals from the Discussion Paper with a view to lodging a submission on Council?s behalf. The positions proposed to be taken and the relevant commentaries for each of the LGAT?s proposals were discussed with Councillors at a Councillor Workshop on 29 May 2013.

The work of the LGAT is occurring in the context of a number of other significant reviews and especially that of the Independent Review Panel. Consequently, the LGAT acknowledges that there are a number of areas of the Local Government Act that the LGAT will not address until the Independent Review Panel has completed its work. These limitations of scope include:

???? How councils are established

???? Arrangements for Council staff affected by the constitution, amalgamation or alteration of Council areas

???? County Councils

???? Financial Management, and

???? How councils are financed.

Keeping in mind the limitations of scope, the LGAT?s Discussion Paper identifies a range of key elements of the Local Government Act and puts forward a number of proposals for comment. The key elements explored in the Discussion Paper are:

Part I - Guiding Principles for Local Government in NSW

???? Purpose of Local Government Act

???? Role of Local Government

???? Guiding Principles (Charter)

???? Legal status of councils (includes establishment)

Part II - Strategic Framework for Local Government in NSW

???? Integrated Planning and Reporting

???? Community Engagement

Part III - Council Operations

???? Governance Framework

???? Financial practices

???? Regulatory Functions

???? Other functions

Part IV - Tribunals and Commissions

LGAT?s Approach and Principles for the Development of a New Act

The LGAT is proposing to develop a flexible, principles-based legislative framework where possible that avoids excessive prescription, is written in plain language and in a logical form. The LGAT has the view that Integrated Planning and Reporting (IPR) should form the central theme for the new Act and be the primary strategic tool that supports councils delivering services and facilities to their communities.

The approach proposed by the LGAT is detailed in section 1.3 of the Discussion Paper which states ?the Taskforce proposes:

??? a flexible, principles based legislative framework, avoiding excessive prescription, written in plain language and in a logical form. The new Act should be confined to setting out the principles of how councils are established and operate. When further detail or explanation is required as to how these principles are to be achieved then regulations, codes and guidelines will be used where appropriate.

???? a more consistent approach be taken to the use and naming of the regulatory and other instruments, noting that there is inconsistent use of mandatory and discretionary codes, section 23A guidelines, practice notes, discretionary guidelines and the like?.

The attached draft submission by Council supports the LGAT?s approach to the development of a new Act.

Discussion Paper Proposals Relating to the Content of the Act

As mentioned, the Discussion Paper puts forward a range of proposals relating to the content of the Act. The following items may be of particular interest to Council:

???? The LGAT?s approach to elevate IPR to form the central theme for the new Act and be the primary strategic theme that supports councils delivering services and facilities.

???? Proposing a new role of Local Government and a set of principles to replace the Charter.

???? Consolidating community consultation and engagement requirements into a set of guiding principles which would be located in the IPR framework.

???? Ensuring the new Act supports optimal and innovative use of technology.

???? The possibility of changing the voting system from the current preferential system. No specific replacement system has been proposed.

???? The possibility of half term elections for Mayors.

???? Adoption of a more principles-based enabling approach to procurement and a review of the delegations section to facilitate councils entering into collaborative procurement arrangements such as via ROCs.

???? That a capital expenditure and monitoring framework be developed to enable the appropriate management of risk by councils.

???? Removing the categorisation of Public Land and the requirement for Plans of Management. It is proposed the IPR framework would be the method used to determine use of public lands.

Council?s Submission on the Local Government Acts Review Discussion Paper

Councillors were provided with preliminary comments against each of the LGAT?s proposals at a Councillor Workshop on 29 May 2013. Council?s officers have prepared a draft submission to the LGAT (see attached) based on those preliminary comments and the relevant Workshop discussions.

The LGAT has requested that submissions address the following questions:

1.?? Do you support the proposed approach to the construction of the new Act and why? If not why not?

2.?? What proposals do you support and why?

3.?? What proposals do you think could be improved, modified and strengthened and how?

4.?? What proposals do not have your support and why?

5.?? Do you have any alternative proposals for the new Local Government Act that you think the Taskforce should consider? What are they and what are the reasons supporting your proposal(s)?

6.?? Do you have any other comments relevant to the review of the Local Government Act and the City of Sydney Act?

As requested by LGAT, Council?s draft submission addresses each of the above questions.

Importantly, Council?s draft submission acknowledges the LGAT?s decision to defer 5 key items pending outcomes from the work of the Independent Review Panel. In regards to these deferred items, Council?s draft submission mentions that Council would appreciate a further opportunity to respond to any proposals that are formed for these items. Similarly, Council?s draft submission indicates that if the LGAT substantially changes its view on any of the current proposals, Council would appreciate the opportunity to respond to consider and respond those changes.

There are 2 LGAT proposals not supported in Council?s draft submission. The first relates to LGAT?s proposal to establish a mandatory Code of Meeting Practice. Council?s draft submission argues that it would be more appropriate for a best practice document to be created as a guide for councils on how to run their meetings rather than a mandatory code. This would be in keeping with the LGAT?s approach to create a flexible, principles-based legislative framework.

The second proposal not supported by Council relates to the LGAT?s suggestion to remove the current requirements for classification of Public Land. Council?s draft submission raises concerns with this proposal on the basis that it may reduce the protection of community Public Land assets.

Next Steps

The closing date for submissions is 28 June 2013. Subject to endorsement by Council, Council?s officers will lodge the attached submission with LGAT by the due date.

Following the close of submissions, the LGAT will prepare a final report for the Minister of Local Government based on:

???? review and analysis of information obtained from research and consultation, and

???? adoption of those recommendations of the Independent Review Panel final report approved by the NSW Government and other relevant concurrent reviews.

The LGAT?s report to the Minister is scheduled for September 2013. The LGAT has indicated however that meeting this timeframe is unlikely given that the Independent Review Panel will not have completed its work, and the LGAT is reliant on the Independent Review Panel completing its final report before finalising its report to the Minister. Councillors will be provided with further information as it comes to hand.

RECOMMENDATION

That:

1.???? The information contained in the report on the Local Government Acts Review be received.

2.???? The submission attached to this report be forwarded to the Local Government Acts Review Taskforce by 28 June 2013.

ATTACHMENTS/APPENDICES

1. View

Draft Submission to LG Acts Review Taskforce

28 Pages

Attachments Included

???

Policy Review Committee Meeting ??????????????????????????????????????????????????????????????????????? 17 June 2013

A City of Opportunities

White Paper Submission???

Compiled by:?????????????? Julie Condon, Development Enquiry Unit Coordinator

Authorised by:??????????? Colin Wood, Acting Development Services Manager ??

Objective	We have access to what we need
Community Outcome	A City with a strong local economy and access to jobs (6)
Strategic Response	Facilitate a diverse economy, sustainable businesses and secure employment base (6.1)

???????

Executive Summary

In July 2011, the NSW Government embarked on a comprehensive review of the NSW Planning System. Since then, the reforms have progressed through a planning and scoping phase, the production of an issues paper, a review report and a Green Paper.

The review of the NSW Planning System is entering its final stages and a White Paper entitled ?A New Planning System for New South Wales? has now been released, along with exposure drafts of two Bills; a ?Planning Bill? and a ?Planning Administration Bill? which contain the detail of the proposed implementation of the reforms. Submissions regarding the White Paper and the Exposure Bills can be made up until 28 June 2013.

The White Paper outlines how major changes in key areas of the planning system will be implemented and categorises these changes into six (6) main areas.

1.?? Delivery Culture

2.?? Community Participation

3.?? Strategic Focus

4.?? Streamlined Approval

5.?? Provision of Infrastructure

6.?? Building Regulation and Certification

The White Paper discusses the way in which these elements will be used to roll out the reforms and includes actions to be embedded in the final legislation as well as a significant suite of Policy residing alongside the new Acts.

The reform process and simplification of the planning system is supported, however there are some aspects of the implementation which Council would seek to modify or influence or which require further clarification to enable their implications to be determined.

Following a review of submissions on the White Paper and draft legislation, presentation of the Bills to Parliament is proposed for September 2013 and implementation of the reforms is to be rolled out from January 2014.

The review of the White Paper and the proposed reforms is an ongoing process. Council staff will continue to attend relevant forums and liaise with industry partners and representative groups such as WSROC and Local Government NSW to further inform Council?s submission. It is intended that Council officers will prepare a detailed submission on the White Paper based on the issues identified, Councillors? input and further detailed analysis over the next two weeks.

The purpose of this report is to inform Councillors of the key issues regarding the reforms and seek endorsement for the preparation of a submission to the Department of Planning and Infrastructure on this basis.

Background

In July 2011 the NSW Government commissioned a full review of the NSW planning system. There are three stages to the Review:

???? The 'listening and scoping' phase which involves identifying the central principles for a new planning system through the consultation and submissions process; and resulted in the production of an ?Issues Paper?.

???? Issuing a 'Green Paper' which outlines a preferred structure for a future planning system in NSW and sets the basis for a legislative scheme influenced by the 'listening and scoping' phase; and

???? The third and current stage; issuing a 'White Paper' laying out the NSW Government's framework for the new planning system and draft legislation.

Council has previously made submissions at both the ?Listening and Scoping?,? Issues Paper? and ?Green Paper? stages of the review. The White Paper and exposure bills indicate that many issues raised by Council in previous submissions have not been taken up.

The White Paper outlines how major changes in key areas of the planning system will be implemented and categorises these changes into six (6) main areas.

1.?? Delivery Culture

2.?? Community Participation

3.?? Strategic Focus

4.?? Streamlined Approval

5.?? Provision of Infrastructure

6.?? Building Regulation and Certification

The White Paper provides information on the reforms that will be rolled out and includes actions around these which will be embedded in the final legislation. It also identifies a significant suite of Policy which will be implemented and reside alongside the new Acts.

The closing date for submissions on the White Paper is Friday 28 June 2013.

General Comments

In principle support is given to the Government?s attempt to streamline what is widely regarded as an overly complicated planning system. In particular efforts to be more inclusive of the community in the plan making process are seen as a positive step. Also moves to streamline and simplify the strategic planning hierarchy and to facilitate the timely approval of appropriate development are welcomed.

The White Paper is an overview of the changes proposed with more detail provided in the exposure Bills. Although there is support for much of the change, there are areas which require more attention and detail to be provided before a clear understanding can be made about their implications.

While there are many positive elements to the proposed reforms, this report will contain a general overview of the key areas of reform which Council staff have identified as being of concern. The attached draft submission contains a more specific analysis of each of the six areas of change outlined above.??

The information provided in the White Paper, regarding detail of the implementation of the reforms, contain some areas for concern to Council. These can be broadly classified as the following;

1.?? Delivery Culture/Philosophy of the new planning system

2.?? Community Participation and Engagement

3.?? Infrastructure

4.?? Resource implications for Council

5.?? Transitional Arrangements

6.?? Handing back Planning Powers to the Community/Ongoing Role of Local Government in Planning

Delivery culture/philosophy of the new planning system

1.?? Objectives of the Planning Bill

The White Paper and planning reforms demonstrate a fundamental shift in the focus of the delivery of planning in NSW from an environmentally based assessment system to one which is focussed on rolling out economic growth and achieving development targets.

This is evident in the proposed objectives of the new Act which replace the existing main objectives to encourage ?the proper management, development and conservation of natural and artificial resources and ecologically sustainable development? with ?economic growth and environmental and social well-being through sustainable development?.

In doing so economic growth rather than environmental assessment becomes the main driver for the planning system proposed. This lack of balance becomes a theme which forms the basis of many other comments raised throughout this report and the draft submission.?

It is recommended that the objectives of the proposed Act are modified to find a better balance between economic growth and ecologically sustainable development by reintroducing reference to the precautionary principle and intergenerational equity.?

2.?? Delivery Culture

The need for a culture change in planning and initiatives is supported around:

???? Stronger emphasis on strategic planning and community participation.

???? Increased training, mentoring and shared learning through a variety of forums.

???? Regular performance reporting on outcomes as long as reporting processes are streamlined and simplified.

???? Expediting appropriate development, simplifying the planning system, promoting innovation and continuing professional education are all supported.

Aspects of this part of the reforms which need further consideration are;

???? The increased regime of reporting and monitoring proposed focuses on achieving targets for the community participation and the delivery of development. It is proposed to conduct audits and performance monitor; Community Participation Plans, development delivered by Regional, Subregional and Local Plans, Infrastructure Contributions, development assessment timeframes, and even the planners themselves. There is no focus on the monitoring of the quality of development delivered.

???? Individual Councils will be monitored for achieving these targets, however it is difficult to measure performance in a planning system based on achieving development targets, as external influences such as the market and economic conditions may mean the targets are not achieved.

???? In the event the development targets are not delivered it is proposed that the Minister or Department of Planning and Infrastructure (DoPI) may step in and amend a Council?s Local Plan in an attempt to ensure the targets are met.

It is recommended that this level of intervention be removed from the system and that Local or Subregional Plans which are developed in consultation with the community and signed off by the DoPI are not able to be reviewed or amended on the basis of not meeting development targets in light of weak market conditions.

Community Participation and Engagement

The White Paper proposes the principle of increasing opportunities for community participation in all stages of the plan making process. This principle is welcomed including;

???? The linking of the Community Participation plans with the Integrated Planning and Reporting legislation under the Local Government Act 1993 and in particular Council?s Community Plan and Community Engagement Strategy.

???? The proposed increased use of technology, e-planning, plain English and a variety of tools to engage and present information.

What is not supported is that the foundation of the whole reform of the NSW planning system is built on and dependant on the premise that the community will be effectively engaged in the strategic planning process. Evidence to date would suggest that this is almost impossible to achieve and resource to the extent anticipated and that the community is largely only interested in the planning process when undertaking a development or when one is occurring in their immediate locality.

The White Paper proposes that the community?s opportunity to be notified and have a say on development applications which directly affect them will be limited to a small range of development types.

Introducing legislation and formulating guiding principles and plans for community participation will not necessarily secure their input in a meaningful way at the front end of the process. Council?s recent experience with large scale community engagement projects demonstrates the difficulty in converting engagement with the community into actual responses which can be used to guide and inform policy and decision making.

While this is difficult at a Local level, it will be more problematic to gain this input at a Regional or Subregional planning level and more challenging for the general community to be engaged or conceptualise what issues at this level will mean to them in their local area.

That is not to say the community should not be offered the opportunity to participate at all these stages. However this participation should not deny them a voice at the end of the process when they may be directly impacted by an individual development proposal.

This is of relevance particularly when the reforms also propose to compress the number of zones in Local Plans making them more general. For example, having only one residential zone, and expanding the type of land uses which may occur in a locality from those which exist in the current zoning regime.

The other issue to be considered is that the planning hierarchy proposed requires that the higher level State, Regional and Subregional Plans inform and direct the content of lower level Local Plans. Lower level plans must be consistent with higher order plans and embed the strategic direction, development targets and even zones which the higher order plans prescribe. In this way the ability of the community to influence their Local Plan is limited by the content of the higher order plans.

As a safeguard to the community?s right to participate at all stages of the planning process, it is recommended that notification of applications continues to apply to a wide range of development types in a way similar to the current system.

It is also recommended that Regional and Subregional Plans provide for some flexibility in Local Plans to ensure they reflect the community?s aspirations.

Infrastructure

The White Paper proposes significant changes to the current contributions system with the introduction of three sources of infrastructure funding, being;

???? Local Contributions.

???? Regional Contributions

???? Regional Growth Fund.

Local Contributions will be imposed by councils through Local Infrastructure Plans which must now be approved by the Minister. Local Infrastructure Plans will include reduced opportunities for council to fund local infrastructure. This has significant implications for Council as car parking, district open space, cultural facilities and footpaths would no longer be funded by development contributions.

The financial consequences for Council over 20 years would be;

???? Car parking - $58 million gap

???? City Centre Public Domain, park, square - $15 ? $20 million gap

???? City Centre Community Precinct? - $7.5 million gap

???? District Open Space - $20 million gap

???? Cultural Facilities - $6 million gap

???? Footpaths - $100K per annum gap

???? Community Facilities ? lower standard building fit outs

???? Drainage land ? compete for funds within region

???? Regional Open Space - compete for funds within region

While contributions may still be levied for drainage works as local contributions, the land required to undertake them will not be. This disconnect will mean that a developer may provide funds for drainage works to a Council but they will not be able to be implemented unless the council is successful in gaining funds at a regional level to acquire the necessary land or has the capacity to fund the land acquisition up front.

The focus in the White Paper on identifying the need to plan for infrastructure delivery at each level of plan is welcomed. However while the Government has invested considerable time in investigating models for infrastructure funding and financing, the White Paper still relies on developer contributions at the Subregional and Regional levels. This means that revenue streams will not be established until late in the development process and therefore delivery of infrastructure will lag behind actual development. In turn, and unless coupled with funding models that allow proactive delivery, the current situation of infrastructure backlogs will continue to be exacerbated.

It is recommended that the government urgently identify appropriate models that will promote expenditure capacity up front for critical infrastructure delivery so that the proposed Subregional and Regional contributions operate to recoup part of the cost.

It is also recommended that the current capacity for Council?s to levy contributions for local infrastructure be retained, including the ability to include land for drainage as well as drainage works.

The timeline for preparation of all new local infrastructure plans has not been specified, nor have any transitional provisions for existing plans. Given that it may be up to two years before NSW, Regional and sub-regional plans are completed and that local plans will be prepared after this, it may be up to five years before the transition to the new local infrastructure plans (LIPs).

Further details are required as to how Regional infrastructure funds will be deployed to ensure development at a local level is not restricted by infrastructure delivery through a regionally managed fund.

Resource implications for Council

A myriad of new functions will be carried out by Council under the new system as well as substantial changes to many existing functions. These include engagement in regional and sub-regional planning, preparing new local plans and local infrastructure plans, conducting extensive community consultation, e-Planning, delivery monitoring and reporting.

These additional responsibilities will be significant and costly in terms of the staff, technology, finances and additional expertise required. Without financial assistance from the State Government it is difficult to see how the objectives of the new planning system can be delivered.

In particular the resourcing required and the cost of conducting community engagement will be prohibitive if the proposed target of 20% of the community or 36,000 people is to be achieved.

Councils have also made significant investment into e-planning initiatives. This investment should be recognised in planning for the rollout of the new system. The DoPI must ensure that this investment is not wasted when working to standardise data and systems into planned State portals so councils will not be required to make further investments to duplicate systems they have already implemented.

Access to funding programmes such as the NSW Planning Reform Fund is inadequate to support the current resourcing requirements of Councils for the preparation and review of plans. This should not be considered as a source of funding to assist Councils with the additional resourcing requirements placed upon them by the reforms.

It is recommended the State Government release details of the proposed budget for roll out of the reform programme to enable Councils to determine the level of support which will be provided and ascertain their capacity to meet the requirements placed upon them.

Transitional Arrangements

The White Paper proposes sweeping changes to the current planning system and will require significant alteration of Council?s Strategic and Community Planning documents, infrastructure delivery, and development assessment systems and procedures.

It is recommended that details of the transitional arrangements for implementation of the reforms be released for public comment ahead of presentation of the Draft Planning and Planning Administration Bills to State Parliament in September 2013.

Handing back Planning Powers to the Community/Ongoing Role of Local Government in Planning

The NSW Government has announced its intention to hand back planning powers to the community. There are elements of the proposed reforms which do not accord with this including;

???? The community is removed from the assessment process as notification of applications is restricted to a small group of development types.

???? Prescription of targets, zones etc in higher order plans will limit the control of the Council over the strategic content of Local Plans.

???? Streaming the majority of development into complying or code based categories reduces both the merit considerations of development and Council?s ability to ensure quality of outcomes. Councils are encouraged to introduce Independent Panels to determine the more significant developments proposals not referred to the Joint Regional Planning Panel (JRPP).

???? If the Council does not meet its prescribed targets, the system gives ultimate control over community engagement, development code content, and determination of development proposals to the State.

It is recommended that the role of Local Government in the planning and assessment process as the main interface with the development industry and community be recognised and reinforced in the new planning regime, and that Councils are given the flexibility in Local Planning and the development assessment process to respond to the outcomes of the community engagement process.

Conclusion

The action by the State Government to reform the NSW Planning System is welcomed as the current system needs fixing. There are many positive elements to the reforms proposed in the White Paper. However details are lacking about many of the reforms except for the rationale behind them. There are some areas of change which are of concern or interest to Council and their potential impacts warrant further investigation and inclusion in a submission to the Department of Planning and Infrastructure. These are highlighted in the attachment to the report which is recommended to form the basis of Council?s submission to Government. This attachment will be provided separately to Councillors at a later date.

RECOMMENDATION

That:

1.???? The information contained in the report on White Paper Submission be received.

2.???? Council endorse the matters outlined in the Attachment as a basis for its submission to the DoPI on the White Paper and exposure Bills phase of the reform of the NSW Planning System.

3.???? Council officers finalise the submission and forward a copy to Councillors for information when complete.

ATTACHMENTS/APPENDICES

1. View

Submission on White Paper

48 Pages

Attachments Included

???