Reform to the whole system is coming
The core reason we need reform in the planning system is to do with the way assessment managers are required to assess and decide development applications. We supposedly have a performance-based system but, in effect, the legislation does anything but allow a Council to balance the pros and cons of a development proposal.
The problem...the current IDAS decision rules
The current decisions rules in Chapter 6 Part 5 of the Sustainable Planning Act are the direct opposite of good governance and deserve an overhaul. As per s326, if a proposal conflicts with the scheme in any way then an assessment manager can only approve the application if there are sufficient grounds (i.e. of a public interest nature). That means that a development proposal may comply with a hundred performance criteria in the applicable codes but if it fails on just one other, and conflicts with the purpose of the code, then the SPA requires the application be refused.
If the Planning and Development Act, when it commences in mid 2015, does not rectify this then it has failed to deliver meaningful reform.
The solution in the draft bill
So what does the draft Bill propose? Supposedly we are to expect simple decision rules. Here is a summary:
- applications will be either 'standard assessment' (a simple assessment with a presumption in favour of approval) or a 'merit assessment' (assessment against a range of matters with some applications needing public notification);
- 'standard assessment' will be limited to 'assessment benchmarks' [see s58 and s59(2)]; approval required if complying with benchmarks;
- 'merit assessment' will be assessed against benchmarks [see s58 and s59(3)], prescribed mandatory matters, but the assessment manager may have regard to such relevant public interest matters as planning need etc.
- the Minister may 'development assessment rules' such as the process and standard conditions for a deemed approval;
What about culture
Making the new system work so that the application can demonstrate itself worthy of approval will require adjustment to the organisational culture for some assessment managers. Most assessment staff try hard to facilitate good projects and a shift in the legislation should give them the freedom to be a positive influence in the development industry. At least the legislation allows those assessing applications to judge on the basis of achieving the purpose of the scheme rather than searching for a 'conflict' that demands a refusal.
Other aspects of the draft bill
- new focus on prosperity - community well-being, economic growth and environmental protection
- retains an integrated system of state and local assessment and decisions
- process and detail will be in regulation or other instruments
- new process for local plan-making
- only 2 state instruments, SPP and regional plans (so no SPRP and no QPP)
- local planning instruments - planning schemes, planning scheme policies and temporary local planning instruments
- exemption certificates - certificate for development with minor effects or when development was categorised in error - certificate to say that no approval is necessary
- expanding the excusatory powers of the Court
- clarification and expansion of the ADR Registrar
Conclusion
Let us hope that the reform leads to faster and fairer decisions by assessment managers.
Submissions to the draft Planning and Development Bill close on 26 September 2014.