New planner I The value of planning - Comments on the White Paper World Heritage areas
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new planner
Issue No. 95
June 2013
The value of
planning
Comments on the White Paper
World Heritage areas
ISSN 1324-8669 PP a233-867-00015
37220__New Planner_June 2013.indd 1 27/05/13 9:40 AM
Contents
This issue
Issue 83
contents
Guest Editorial - Robert Freestone 4 Planning Matters 21
President’s Message 5 A new governance and place focus for
NSW planning 22
Executive Officer’s Report 6
PlannerTech 24
Planning Perspectives 7
Opinion: Richard Smyth 25
Norton Rose Review 8
Healthy Built Environments 26
Infrastructure Matters 9
In the Courts 27
Opinion: Jennifer Dennis 10
NOMINATIONS Local perspectives 11
International Snippets
Inbox
28
29
Lake Macquarie Scenic Management
guidelines 12 NSW Consulting Planners 30
The value of town planning to world BasePlan 32
heritage areas 14
In the news 34
Recognising Best Practice 16
Snapped 35
Land Use Planning in Brunei 18
Editorial Team
The annual Planning Institute of Australia (PIA) Nicole Philps
Awards for Planning Excellence demonstrate Brigitte Buchholz
leading practice, leadership and achievement in Andrew Wheeler
planning and the planning profession. Robyn Vincin
Each quarter New Planner invites a Guest Editor to comment
Editorial on the theme of that issue.
Nominating for the NSW Awards is your opportunity to
NSW Executive Officer
celebrate achievements and to both recognise and acknowledge Contributors
contributions to planning in NSW. PO Box 484, North Sydney NSW 2059
Suite 3, 221 Miller St, North Sydney NSW 2060 Deadline for September 2013 edition is:
Tel: 02 8904 1011 Fax: 02 8904 1133 Friday 2 August 2013. The theme for September 2013 is
Nominations are now being received in 14 categories. The
Email: nswmanager@planning.org.au “Adding up the numbers”
Awards entry information package is available on the PIA NSW
website at www.planning.org.au/nswcontent/awards Email: nswmanager@planning.org.au
The views expressed in New Planner Design and Production
Entries are due at the PIA NSW office by Monday 9th September.
are those of the authors and do not Nationwide Advertising Group
necessarily reflect the views of the Tel: 02 9955 4777 Fax 02 9955 7055
The 2013 Awards for Planning Excellence will be announced
at a Gala Dinner to be held on Thursday 7th November at
Planning Institute of Australia. Email: wsmith@npadvert.com.au
Doltone House Jones Bay Wharf, Pyrmont. Cover Photo: Brigitte Bucholz
Please visit the website or contact the NSW Office on Subscriptions 2013
New Planner is available on subscription to non members of PIA NSW at a cost of $88 per annum,GST inclusive.
02 8904 1011 or email nswevents@planning.org.au Email: nswadmin@planning.org.au
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Guest Editorial: The Value of Planning President’s message
Professor Robert Freestone Built Environment, University of New South Wales. Sarah Hill, President PIA NSW Division
editorial
Paper is testimony to this lobbying paying gains but then suffering setbacks and having
off. It is often forgotten that planning began to start again, the agenda always being re- Asheville Downtown Bulky Goods Retail Mixed Use
as a broad social movement in the early scripted along the way. Wal-Mart in CBD
1900s with transformative ambitions. The We need to tout our successes much more. Land consumed 0.5 Land Consumed 0.5
dissemination of ideas through exhibitions, Not with uncritical hubris but, as the PIA (Acres): 34.0 (Hectares): 6.0
lectures, publications and actual community National call to arms says, to ‘document
experiments led to an acceptance by the mid- and promote the positive contribution of Real Estate Taxes/ $6400 Rates ($/ha): $10,000 $230,000
twentieth century that planning matters as planning to improving places, productivity Acre: $6500
much as markets. and health’. The PIA Awards for Excellence Total City Taxes/ $414,000 Land Tax ($/ha): $750,000
Planning needs champions today too. PIA celebrate achievement but they come and Acre: $50,800 $75,000
leadership is crucial but that undeniably go and are not publicised anywhere near as
carries a large dose of professional self- widely as they should be, and not through any Residents per 90.0 Residents per 850.0
interest. More positive media coverage would laxness on PIA’s part. Architects and builders Acre:0.0 Hectare: 0.0
In democratic settings, it’s often hard undoubtedly help the cause, but corruption, regularly score handsome newspaper The White Paper opens with the recognition that people Jobs per acre:5.9 73.7 Jobs per Hectare: 50 400
to disagree with the good intentions of insensitivity, privilege, bureaucracy for its features to capture the public’s imagination. are passionate about planning because it touches our
planning. While the Draft Metropolitan own sake, communication breakdowns, In any case an award-winning plan is never everyday lives, where we live, work and how we care for For me this is quite a powerful numeric analysis that will no doubt
Strategy and White Paper released complexity, and counterintuitive outcomes quite enough. It is tangible outcomes that our environments. This opening line of the White Paper spark debate as to its suitability and the pros and cons of each type of
in April may stop short of the truly ensure that planning is at times its own have the greatest currency through the speaks to me about the value that our profession gives development. In keeping with the spirit of the new planning system, I think
inspirational and deliver somewhat worst enemy. The time when empathetic fashioning of better and improved places. across all land uses, communities and environs and is in this approach should be debated and tested, however I believe it could also
mixed messages, their ambitions scribes like Jim Colman and Rodney Jensen We are weighed down by negativity. The title keeping with the theme of this edition. be employed as a useful means of making a case for planning policy.
for more productive, liveable and contributed regular print columns now seems of Peter Hall’s Great Planning Disasters Notwithstanding the financial focus above, it would be remiss of me not
Along this vein I was recently inspired by a talk given at PIA’s National
ages ago. Community groups are important (1980) says it all, although in hindsight there to mention the important inter-relationship between the economic and
sustainable communities and regions Congress by Mitch Silver – the then President of the American Planning
and the Better Planning Network has are curious inclusions notably the Sydney Association. Mitch said that “if you want to be valuable, you need to show social returns on investment achieved by planning. This is particularly
with the governance processes to emerged as an influential umbrella voice in Opera House. Why don’t we celebrate the your value”. It occurred to me that as part of our positive culture change the case in light of my double act with Sarah Reilly from Cred Community
match are almost incontrovertible. By Sydney. 10,000 Friends of Greater Sydney has achievements better? John Landis in his programme, we should be celebrating the value of our profession. Planning on this topic at our Young Planners Forum held in May 2013.
its very nature planning has always kept a rather low profile but John McInerney’s paper ‘Ten Planning Successes’ (2009) Whilst I could write a long piece about how I perceive our profession adds During my research I came across an example of how the value
had that aspirational DNA even if the assuming the chairman’s role might change does just that with an American set of value, I am acutely aware of the power of numbers so for this column, of planning can be measured with respect to Social Return on
goals have shifted with the times. that. But what we genuinely lack is a well- environmental, regulatory, development Investment. In this example the Melbourne based STREAT program
I have taken a more literal approach to the topic. I will draw further on
Planners are perhaps a little too good resourced independent research, education and infrastructure planning initiatives. some of the work Mitch had undertaken to convince his Councillors in the (a program designed to assist homeless and disadvantaged youth
in coming up with bright new plans. At and lobbying group like the British Town and Success here is instructively defined as ‘a City of Raleigh that there was a strong Return on Investment for urban access pathways to long-term and meaningful employment) was
face value the Metropolitan Strategy Country Planning Association. local and public initiative focusing on the infill development compared to greenfield. calculated to have a social return of $3.80 for every $1 invested. An
seems to suggest that there has never The academic community also has a role to built or natural environment that results in To do this Mitch calculated that:
investment of $1,265,959 translated into $4,807,573 of social value for
been any planning before. play in advocacy, research and teaching. But a net private and social benefit, and which a number of different stakeholders including trainees, government,
as PIA NSW’s cultural change project makes can serve as model for similar efforts’. The volunteers and STREAT’s partners.
The undeniable value of planning is widely Downtown high rise residential on A suburban multi-family complex Furthermore some of these returns were experienced directly and
clear, (re)education of the entire community underlying message is that success is not just
accepted, albeit grudgingly in some 3-acre site pays off its infrastructure on a 30-acre site pays off its immediately such as improved health and confidence by program
is vital. Planning is a complex business; it is measured by flashy set pieces but local gains, Yet
quarters. The need for a metropolitan in 3 years. The return on infrastructure in 42 years. The return trainees. In addition, cost savings were achieved for government through
not a stereotypical top-down master-planning indeed the deeper institutionalisation of infrastructure investment is 35%. on infrastructure investment is 2%.
strategy is not in question, just how best increased tax revenue, reduced welfare payments and other indirect
exercise. Vancouver planner Ann McAfee’s good practice. Gene Bunnell’s Making Places
to do it. The default scenario option of ‘do savings in health, case management, legal and housing services.
recent PIA workshop tellingly conveyed a Special (2002) captures another selection of It would take 600-single family The Wells Fargo Capital
nothing’ and leaving neighbourhoods, towns,
powerful model of planning as not just ‘what American stories in this vein. It is one of those homes on a 150-acre subdivision Center in downtown Raleigh So in summary the benefits of planning are not limited to tax
cities and regions to fend for themselves is generation, economic stimulation, service cost reduction or
planners do’ but as a force for purposeful, rare books written to help people understand to equal the tax value of the And has 90 times the tax value
ridiculous. The waste, misery, inefficiency infrastructure savings. Rather as many of us can testify to, the
ongoing collaborative engagement. One of and appreciate how particular places have Wells Fargo Capital Center, per acre than the average
and destruction that would ensue can’t benefits of our professions expand across the community. The trick is
the most important recent books published been positively shaped by planning. Why which sits on 1.2 acres of land. suburban acre.
be countenanced. Carrying out all the learning how to accurately quantify them and to ensure a culture that
on planning, and this is not meant facetiously, aren’t we more systematically documenting
laudable objectives is where the challenges To translate this sort of analysis into an Australian context, I have enlisted celebrates the value of our profession.
is Urban Planning for Dummies (2012). and selling our own planning successes in
and conflicts truly lie, in negotiating the the help of one of the best property economists I know, my colleague
Although for an American audience, it environmental conservation, urban design, The review of the NSW planning system and responding to the White
minefield of implementation, resourcing, Adrian Hack. Working with Adrian, we have translated some of the
is a popular text that doesn’t just depict town centres and so on? Paper provide opportunities for a longer-term reflection on how we
politics, community opinion, trade-offs for analysis provided in Mitch’s presentation into an Australian context and work and what our value is as a profession. I look forward to many
professionally-trained activities but aims to Planning regardless in some form is here
difficult choices, and balancing of public and metric in the diagram following. opportunities to debate the topic with you n
encourage involvement in civic affairs and to stay. At its most aspirational, planning
private interests. Many actors are involved in
provides a checklist of ways planning can be encapsulates what Howell Baum evocatively
these processes but planning is in the thick
employed to improve communities.
NortoN rose AustrAliA
of it, often for worse rather than better. described in 1997 as the ‘organisation of
An outcome of greater community hope’. And as Yvonne Rydin writes in The
PIA National wants to wind back the
understanding and endorsement of planning’s Purpose of Planning (2011), ‘planning is to be
NsW eNviroNmeNt ANd PlANNiNg teAm
negativity with its new campaign that
value will be more debate, more criticism. found at the very centre of the complex mess
‘planning matters and planners make a
That’s all for the better. Much of the research- of technology, politics, culture and economics
difference’. No disagreement here; nor with a
based academic planning literature evaluates that creates our urban society and its physical
desired outcome in ‘increased awareness of
plans, programs, processes and projects. The presence’. Climate change and infrastructure
the value of planning demonstrated through
findings are usually mixed and admittedly investments are now emphasising the long Jacinta Studdert Felicity Rourke Peter Rigg
community advocacy’. Launched in 2011,
not always what governments want to hear. term commitments needed in urban, regional Partner Partner Consultant
PIA NSW’s mission to improve the culture
But that’s the deal in a frank, open and and environmental management. In the Tel +61 2 9330 8500 Tel +61 2 9330 8665 Tel +61 2 9330 8502
of planning in the state is borne in part
progressive environment for discussion, societal shift of understanding now evident, jacinta.studdert@nortonrose.com felicity.rourke@nortonrose.com peter.rigg@nortonrose.com
NR14922
out of the same need to establish a more
reflection and response. Planning is actually planning will unavoidably be re-valued. But it
ecumenical commitment to what planning
never finished triumphantly anyway. It is has and is already making positive differences
stands for and can do well. The emphasis
permanently locked into its own Sisyphusian to communities. We need to get the word out
on strategic planning and vision in the White 2900 lawyers / 42 offices / 6 continents
dilemma, pushing forward doggedly for some better n
nortonrose.com
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Executive Officer’s report Planning Perspectives –
Robyn Vincin, PIA NSW Executive Officer The White Paper
Steve O’Connor, KDC and ERM Australia
review
The poll found that Americans want members and the profession including: When contemplating the value of
planners to focus most on creating jobs
1. Focusing our members to be bold planning one need look no further
— followed by safety, schools, protecting
neighbourhoods, and water quality. planning professionals committed to than the White Paper (A New Planning
delivering good planning; System for NSW) released in April
APA President Mitchell Silver is quoted as 2. Invigorate the profession by inspiring
saying that that 67 percent of respondents planners to embrace change and
2013 for some insights into this topic.
believe that “engaging citizens through local understand the value we bring; The Minister’s forward refers to key
planning is essential to rebuilding local and to recommendations from the Council
economies, creating jobs, and improving 3. Position the profession by championing of Australian Governments (COAG)
In this issue of New Planner we focus people’s lives.” A broad majority of poll good planning. Reform Council’s report Review
on the value of planning. This is a respondents — 79 percent — agreed that
their community could benefit from a plan. Details of the strategy appear in this issue of Capital City Strategic Planning
topical theme given the release of of New Planner and further information is Systems (2011) and the Productivity
the White Paper and our work on the About two-thirds of respondents (66 percent) available on the PIA website.. Commission’s report Performance
culture of planning. say both market forces and community
planning are necessary for economic Recognising excellence and Benchmarking of Australian Business
Our contributors have provided various improvement and job creation. Just 14 percent Regulation: Planning, Zoning and
perspectives on the topic and what becomes achievement
believe that market forces alone will do the job. Development Assessment (2011) being
clear is that the “value” of planning pervades A significant part of changing the culture
much of what we do. Thank you to Professor Asked what makes an ideal community, half and the perceptions is in recognising incorporated into the new planning
Robert Freestone for his Editorial and to each or more of respondents said having locally- the good work that planners do and PIA system proposed for NSW.
of our contributors. A particular thank you owned businesses nearby (55 percent); the provides opportunities for that recognition Infrastructure is essential to the productive functioning of our cities
Added to this is the Commonwealth
goes to our regular contributors whose efforts ability to grow old in the same neighbourhood through our annual Fellowship elevation to Government’s focus on urban planning as
help us in providing our regular quarterly (54 percent); availability of sidewalks (53 Fellows, Life Fellows and Honorary Fellows long observed that the large infrastructure Social and economic infrastructure is
documented in the report published by the
issue. You will see we have incorporated a new percent); energy-efficient homes (52 percent); and through our Awards for Excellence. agencies have more influence on the growth of highlighted as a key to improving the
Department of Infrastructure and Transport
Local Government column in this issue –and and availability of transit (50 percent). These are opportunities to acknowledge our urban areas than the planning authorities. prosperity of the nation and as the White
State of Australian Cities (2012) which
we look forward to contributions for this. the work of planners and of those who Paper correctly points out planning has
The results of the poll are available in the also highlights the value of planning. The The solution to this dilemma is spelt
The release of the White Paper on a New report: Planning in America: Perceptions contribute to the planning process, Minister’s forward in this report notes that a central role to play in ensuring the
out on page 154 of the White Paper “The timely and cost effective delivery of critical
Planning System for NSW in April is now and Priorities (http://www.planning.org/ through the Planner of the Year Award, “The way Australia succeeds in future will be government will legislate that infrastructure
providing a framework for NSW planning into policy/economicrecovery/). Young Planner of the Year Award and largely determined by the health of our cities. infrastructure. As the photograph illustrates,
is integrated with strategic land use planning. infrastructure (whether it be roads, railways,
the future. PIA NSW has been actively engaged Service to the Institute Awards and later They are where three out of four of us live. They This integration and coordination of land use
in workshops, seminars and preparing Changing the culture to the National Hall of Fame and Planning are the economic powerhouses that produce ports, walkways, cycleways, electricity
and infrastructure provision is a fundamental provision or water supply), is essential to the
submissions and was advocating for change As we have reported in earlier editions of Champion Awards. 80% of our nation’s wealth”. principle of the planning reforms. All strategic
before the current government announced its this magazine, NSW PIA NSW has been productive functioning of our cities.
These are your opportunities to put forward The Productivity Commission, COAG, land use plans are to be prepared in this
formal review of the NSW planning system. actively engaged in a project on changing the integrated way.” Conclusions
a colleague, mentor or associate for Commonwealth and NSW Governments all
culture of planning. Chapter 3 of the White consideration. Further details are available have a keen interest in planning because
We now have a focus for our ongoing Thus it is the planning system which is seen as The value of planning and the role it can play
Paper addresses this issue and we are proud by contacting our office, through our regular of the important role it has to play in
engagement, and it is interesting to monitor the mechanism to deliver this major reform. in achieving the goal on page 16 of the White
that our work has been acknowledged. The
the early responses to the White Paper. A key newsletters and on our website. our economic prosperity and as a major
challenge – and the opportunity – is to work Paper, namely “Promoting the development
element of those responses is around the role determinant of the liveability of our cities. Intergenerational Report
on delivering that change. A great many of the economy and the wellbeing of all
of the community in the planning process and
people have contributed to our work over Opportunities to participate communities by facilitating housing, business
we would agree that this is a key element. Infrastructure Provision The final report I wish to refer to is Australia
the past two years and it is important to We look forward to welcoming you to one and employment and other forms of activity
One way to illustrate the value of planning to 2050: Future Challenges which is commonly
Planning in America: policies and acknowledge their contributions. To move the of our upcoming events – our annual and improving productivity” is emphasized
is to look at what the White Paper has to referred to as the Intergenerational Report
change forward we all need to be engaged. conference, NEW directions: taking throughout the White Paper. One of the
perceptions planning into the next generation, 2013 say about the provision of infrastructure. prepared by the Commonwealth Treasury in
best examples of this is provided in Chapter
In 2012, the American Planning Association Chapter 7 claims that “Infrastructure is 2010. This report focuses on the ageing of the
Planning matters NSW Local Government Planners’ Forum Australian population and the consequences
7 where the intention to legislate for the
undertook a poll to better understand will be held in Mudgee from 28-30 August; fundamental to support growth, productivity integration of infrastructure provision and
At the National Congress in March 2013 PIA this is likely to have over the next 40 years.
what Americans think planners’ priorities the NSW Planners dinner is on 5 June and ultimately our standard of living.” strategic land use plans is stated.
announced the adoption of the Planning This report emphasises that “The central
should be in light of several trends in the and the Awards for Excellence Gala dinner
Matters: Shaping the World Today for Yet at page 152 the following admission plank of responding to the economic and fiscal It is acknowledged in the White Paper that the
US. The research study was commissioned on 7th November. Watch for our regional
Tomorrow strategy. is made “Infrastructure delivery in NSW consequences of an ageing population is to planning system is more than a new Planning
to objectively determine what the general seminars, professional development has not always been delivered hand in hand support strong economic growth in sustainable Act and that the success of any new legislation
public wants from community planning and This strategy will inform a series of key program and networking events. We look with housing and employment. Separate ways. Economic growth is a function of will be dependent in part on the cultural
what perceptions exist. actions to Focus, Invigorate and Position forward to meeting you soon n government agency infrastructure planning productivity, participation and population.” change reforms which are an integral part of
processes have led to disjointed and the White Paper’s transformative changes.
costly infrastructure delivery. Inconsistent The report goes on to say “Australia’s
These cultural changes will have to take place
infrastructure requirements, as well as high productivity performance has slowed in the
in the large infrastructure agencies as well
and uncertain developer contributions costs, recent past averaging only 1.4 per cent in the past
as in the planning profession if the desired
have made some developments unaffordable decade compared to 2.1 per cent in the 1990’s.”
outcomes are to be achieved. The culture of
and delayed them proceeding. Established To address this the report concludes that
planning reforms are therefore deserving of
processes for growth infrastructure planning, “Productivity growth – underpinned by investment
the high importance attached to them in the
funding and delivery must be improved.” in nation building infrastructure and improving
White Paper. The delivery of these reforms
the skills base of the workforce - is essential to
represents the biggest challenge for all the
The above will come as no surprise to growing the economy and reducing the economic
most NSW planners, many of whom have and fiscal pressures of an ageing population.” key stakeholders n
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Norton Rose Review Infrastructure Matters
Planning reform: The White Paper – What has changed since the Green Paper? The White Paper infrastructure contributions system
Jacinta Studdert Partner, Felicity Rourke Partner, Rosemary Bullmore Associate, Environment and Planning Greg New, Director, GLN Planning
Group, Norton Rose Australia
review
Jacinta Studdert Peter Rigg Felicity Rourke
Nine months after the release of a Additionally, the White Paper proposes: • State significant and regional In the limited space allowed in • LICs and RICs may be settled by way of Growth infrastructure plans are perhaps
Green Paper entitled “A New Planning • ten strategic planning principles development – the existing classes of state this article I have attempted to dedication of land or ‘works-in-kind’. the most significant proposed reform.
System for NSW” (Green Paper) which (included in the Planning Bill); and regional development will remain; and summarise the key differences The broader ‘material public benefit’ They are the vehicle promoted by the
• Local Plans which will provide for the • Part 5 environmental impact assessment, settlement mechanism available in the Government to ensure that infrastructure
heralded once-in-a-generation reforms state infrastructure development and between the current infrastructure
standardisation of planning controls, current Act will not continue, in keeping will be planned and delivered alongside
to the NSW planning system, the State public priority infrastructure. contributions system and the system
however the existing zones within with the Government’s desire that housing and employment growth. GIPs
government has released the next stage Standard Instrument will be replaced with Decision makers described in the White Paper and infrastructure provision not depart from effectively inform part of the calculation of
of its planning reforms package: 13 “indicative zones”; The model of decision making is largely the Draft Exposure Planning Bill: contributions plan inclusions. a RIC for a given area. They will be publicly
(1) “A New Planning System for NSW - • development guides within Local same as in the present system. However, • Introduction of ‘biodiversity offset available documents that will include ‘an
• Neither LICs or RICs will be able to
White Paper” (White Paper); and Plans which will create a hybrid the decision to retain the role of elected approved prioritised growth infrastructure
contributions’. be levied on dwelling alterations and
system between traditional zoning and councillors in the development assessment delivery schedule with funding allocation
(2) An exposure draft of the development codes. These guides will process is a policy shift from the position of • All local infrastructure contributions additions, or dwelling ‘knock-down
rebuilds’. for projects within the first five year period’
Planning Bill and the Planning effectively identify the assessment path the Green Paper. (LICs), regional infrastructure and proposed private sector participation.
Administration Bill (together the for different types of code assessed, Appeals and reviews contributions (RICs) and biodiversity • 3 years has been set for the timely This is discipline that has for been
White Paper Reforms). exempt and complying development; Most of the current features of the planning offset contributions applying to application of LIC funds. If a council lacking in the current system of State
• development of a “one stop shop” system have been retained in respect development in an area will be detailed fails to spend funds in a timely manner
Adopting the same structure as the Green within the Department for referrals and infrastructure contributions.
Paper, the White Paper covers five fundamental of appeals and reviews, although the in Part 4 of each Local Plan, that will be then the Minister may direct the money
concurrences to be a single point of Government intends to expand the availability available on the web. be applied to project priorities listed in Core features of the current system that
areas of reform which we explore in this article. contact for developers and councils; and will remain include:
of “fast track” appeals to the Court. Reviews • 5 ‘principles for infrastructure the relevant subregional delivery plan
1. Delivery culture • replacing the current paper-based map of rezoning decisions, introduced in (which may be a project outside the LGA • Section 94 nexus-based contributions
system with spatial maps. contributions’ will have to be
The White Paper includes additional detail November 2012, will also remain. considered by the planning authority in which the money was collected). and section 94A fixed rate levies remain,
regarding the implementation of a “can do” Whilst the proposed new Enterprise Zones Enforcement and orders with the new labels of ‘direct’ and
in the preparation of all contributions • Planning agreement contributions can
culture by: and Suburban Character Areas are retained New criminal offences and proceedings regime ‘indirect’ contributions (again echoing
• provision of training and professional plans and planning agreements. only be applied towards items listed
in a modified form, the proposed Future will be introduced, with a 3 tier classification the EP&A Amendment Act 2008)
development; The principles closely echo the 5 in an infrastructure plan, affordable
Urban Release Area Zone which was system for offences similar to that which exists
• appointment of a Deputy Director General flagged in the Green Paper has not been ‘key considerations for development housing identified in a strategic plan, • LICs must be imposed in accordance
under the POEO Act. The maximum fine for contributions’ in the uncommenced Part or ‘conservation or enhancement of with a LIP, except where the consent
of Cultural Change within the Department retained. corporations has been increased to $5 million
of Planning and Infrastructure 5B of the EP&A Amendment Act 2008. the natural environment of the State’. authority is the Minister.
4. Development Assessment Tracks, for the top tier of offences, which includes Currently there is no limitation on the
(Department) to be a “change agent” Appeals and Enforcement carrying out development without the required • Councils will prepare local • Right of appeal for applicants will
among planners; and infrastructure plans (LIPs), but the public purposes that can be included in remain available to developers for
Development Assessment Tracks planning approval.
• introducing mandatory performance Minister will make the LIPs. The a planning agreement. direct local contributions that are
reporting for strategic planning at all levels. The development assessment tracks 5. Provision of Infrastructure
proposed by the Green Paper are detailed in Minister has the final say on the content • The current affordable housing unreasonable in the particular
2. Community Participation Contributions will be able to be imposed by of all LIPs. contributions provisions in Division circumstances of the case. Echoing the
the White Paper as follows: way of conditions on development consent
The White Paper reforms propose to provide • Exempt development – which will be • There will be growth infrastructure 6A of Part 4 of the EP&A Act will not current system, there is no equivalent
in three categories: continue. Instead, affordable housing right of appeal for RICs (or biodiversity
effective community participation by: self-assessed and will continue in a • local infrastructure contributions - to plans (GIPs) that will guide the
• providing certainty around some mandatory similar manner to the present system. application of RIC funds. requirements will be determined offset contributions)
fund the provision of local infrastructure through strategic plans.
requirements for public exhibition • Complying development – which will (as proposed by the Green Paper); • No capping of LICs. • LICs may be levied for infrastructure
periods for strategic plans, development be assessed by an accredited certifier • regional infrastructure contributions – Two Green Paper ‘key principles’ that the demand for which transcends local
applications and other matters; or the relevant council. However, a • LICs will only be able to fund local do not appear to have been followed government and State boundaries.
imposed on specified development or a roads, local drainage works, open space
• inclusion in legislation of the Community “variation certificate” can be issued by the class of development, as a contribution through are that levies ‘must be
relevant council which will certify that a and community facilities. Drainage land • Transparency and accountability in
Participation Charter. The unclear legal towards the provision of regional competitive with comparable markets reporting of contributions receipts and
status of the proposed Charter was a minor non-compliance is a permissible will no longer be funded through local in other jurisdictions’; and that the levy
infrastructure by the State. This does expenditure.
common theme in commentary on the variation. not include the regional open space levy contributions but can be funded through ‘should spread costs to the broadest
Green Paper; and • Code assessment – which will be proposed by the Green Paper; and RICs. The following are my initial thoughts on
base of beneficiaries—including
• development of Community Participation assessed by council against performance • RICs replace special infrastructure matters requiring attention as legislation
• biodiversity offset contributions – as a over time where possible’. The White
Plans by planning authorities. based criteria as well as “acceptable contributions and will be levied on is firmed up and regulations are drafted:
contribution towards the conservation or Paper and Bill has not dealt with the
solutions” for non-compliances with the
3. Strategic planning development guides.
enhancement of the natural environment. infill developments and on retail and opportunities of intergenerational funding The Bill provides the structure for
The White Paper delivers on the Green These are additional to the contributions commercial developments for the first of infrastructure, such as broader taxes, the new infrastructure contributions
• Merit assessment – which will be subject
Paper’s proposal to shift to “upfront proposed by the Green Paper. time. council or land rates. The introduction system, but the detail which the main
to a full assessment carried out by council.
planning” through the development of a A single development may be the subject of While the Green Paper recommended that • RICs will be split into two funds – the of some cross-subsidy for drainage users of the system – the developers
clear hierarchy of strategic plans. The both code assessment and merit assessment. planning agreements needed to be phased out Regional Contributions Fund that will be and open space land merely requires of land - will be interested in is some
White Paper includes further detail on the Other development tracks include: or significantly modified and simplified, the applied towards regional or State roads, developers from a broader area to fund way off. Developers cannot make
content of each strategic plan and greater • EIS assessed development – which White Paper provides for their continuation. transport infrastructure and educational growth infrastructure. It is quite likely that an informed judgment of the new
clarity on how each of the strategic plans is analogous to the existing provisions The White Paper Reforms are on public establishments; and the Planning Growth once the numbers are done the overall contributions system until the quantum
will interact. regarding “designated development”; exhibition until 28 June 2013 n Fund that will be applied towards land for LIC and RIC burden on developers will be of contributions is known.
drainage and regional open space. greater than current contributions. continued overleaf
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Opinion LOCAL PERSPECTIVES: NSW Local
The ‘laws of unintended consequences’- personal observations on the PIA National Congress 2013 Government Planners
feature
review
This new feature will bring you perspectives from our planners working in local government
Jennifer Dennis BTP, MEL, MPIA Stephen Gow FPIA, Director Sustainable Planning and Living, Armidale Dumaresq Council
As always the PIA Congress was a outcomes that have undermined the benefits The traditional ‘new’ ideas offered by The issue of planning ‘culture’ in NSW The government’s agenda to introduce a the concept of ‘culture’ in another sense,
feast of great speakers and too many of the plan. ‘New planning ideas’ of the The Prince’s Foundation closely align to has rightly received considerable new culture for planning has also informed as a medium for growth, we should also
20th century had resulted in undesirable the ‘smart growth’ principles, a phrase the key principles which are to guide appreciate the significant opportunity the
papers to fit into the program. For me places, even blighted areas, isolated and coined in the USA to reference a planning attention in the current planning system strategic planning, set out in Part 3. These current reform process provides for us as
the take home message was how will unsupported communities a long distance practice that supports compact and well review, due in no small part to the work of include: an Institute to highlight what we do and to
‘the laws of unintended consequences’ from employment, or have resulted in bland positioned growth that in general opposes the Institute and our President Sarah Hill. better serve all of our colleagues working in
or monotonous neighbourhoods. ill- considered suburban sprawl. • Strategic plans are to guide all decisions planning in NSW.
that often apply to ‘new planning ideas’ In the various forums I have attended, made by planning authorities and allow for
so aptly expressed in the opening The Prince advocated for the return to Interestingly, the work of The Prince’s there has been strong support among streamlined development assessment; Those of us working in local government
address by HRH The Prince of Wales, the ‘traditional art of city building’ with Foundation appears to be focused on the planners for the intention outlined in last are from time to time made keenly
neighbourhood as a means of delivering • Strategic planning is to provide
apply to the new planning reforms now a reliance on what has worked in the year’s Green Paper (p.88): aware of perceptions held by many of our
the ‘right growth’ and much needed growth. opportunities for early community
past. He also called for the rekindling of colleagues, for example, that PIA is in some
in circulation. Have we considered the the ‘fading art of community building’. Likewise the UK planning system at large “to focus more on strategy, outcomes and participation;
way dominated by a consultant/developer
‘unintended consequences’ of more He expanded his position by supporting a appears to be returning to an emphasis innovation, and move away from statutory • Planning authorities and State agencies lobby and does not speak up for the council
up front regional strategic planning traditional model of the neighbourhood that on ‘localism’ with the introduction of the planning, repetitive processes and are to co-operate constructively in the planners which make up such a large part
and the governance issues associated ‘celebrated the pedestrian’, ‘accommodated Localism Act 2011, that has abolished bureaucratic procedures.” preparation and implementation of of our industry. Of course, you have to
the car’, that enabled affordable housing regional strategies and introduced a strategic plans;
with that process, together with In the recently released White Paper, these participate to influence the direction any
to be ‘pepper potted’ across the locality, all methodology for delivering community • Strategic plans are to be . . . easy to use
the implications of less community themes are augmented by references in professional association and there are a
accommodated within a more harmonious engagement at a neighbourhood level to and available online;
Chapter 3 -‘Delivery Culture’ to effective number of experienced local government
engagement at the DA level? What will built form. Hank Dittmar, CEO of The develop agreed growth outcomes.
planners on the current State executive and
Prince’s Foundation, went on to articulate upfront community engagement, improved • There should be monitoring and reporting
the outcomes be on the ground? In contrast, NSWs current ideas are to cooperation by planners and others of strategic planning outcomes; and over one quarter of PIA NSW members work
the benefits of compact mixed use improve the planning system by strengthening
The Prince’s opening address suggested to achieve agreed strategic planning • Strategic plans are to be based on in local government. As one of those people,
neighbourhoods which are based on the the regional level of planning, with limited
that many well intentioned planning ideas outcomes, building trust between evidence, set realistically deliverable I have always felt involved in and supported
principles of ‘smart growth’. Importantly, explanation on how the governance model
and schemes have resulted in the ‘laws stakeholders, agency reform as well as targets and take account of economic, by the Institute in the 30 years I have been a
this model of neighbourhood planning was will work and the associated community
of unintended consequences’ and have supported by a community engagement related educational initiatives. All these environmental and social considerations. member, particularly so working in regional
engagement model that will apply. What will NSW, where opportunities for professional
not delivered what was intended. In some process developed by the Foundation called are laudable aims, certainly consistent with
be the ‘laws of unintended consequences’ of Nonetheless, to work effectively these development and networking are so
cases these plans have caused negative Enquiry by Design. many of the Institute’s own objects, such as:
these ‘new planning ideas’? n changes will need to be underpinned valuable. These things don’t just happen,
• To foster and strengthen the community by the all-important human dimension and this is one of the reasons I wanted the
Infrastructure Once an array of contribution requirements
is settled on for a particular area, it should
can’t LICs also be deferred in certain
circumstances? The new legislation
perception of [the] planned use of land and
associated systems as a critical means to
if they are to be embraced by all those
involved in delivering the planning system
chance to ‘give back’ to the Institute through
the work of the State Committee, especially
Matters remain in place for some years so as to
provide certainty for development.
should present a comprehensive and
workable approach.
serve the public interest;
• To foster and strengthen the technical
in our State. With that in mind, the White
Paper outlines a series of reforms both
at this critical time.
continued from previous page When will the current section 94 caps The new infrastructure plans have a within government and in concert with the Naturally planning reflects the diversity
knowledge and professionalism of persons of views in our community, so members
cease? How long will the current level relatively short term time frame of up to 10 working . . . in the disciplines involved in land Institute’s own cultural change initiatives
Removal of the section 94 caps replaces of discounted SICs remain? When is it years (including that LICs must be spent won’t always agree – that is the nature
one uncertainty with another. There is a note use planning; over the past few years. These are not all
expected that infill developments will in 3 years). This casts some doubt on how amenable to legislation but, in my view, are of professional debate – however this
in the Bill stating that in-force contribution be required to pay State infrastructure Government and councils will fairly levy • To provide for and encourage education and should serve to make us stronger as an
plans and schemes under the current Act training . . . ; and fundamentally important to the success of
contributions? It can be expected that developers for works that are needed by our new system. industry group, rather than driving us into
will continue. However there is a current there will be a rush of applications trying to the growth area but are out-of-sequence, • To harness . . . collective knowledge on adversarial ‘silos’. Now is the time, like
and continuing uncertainty about the levels avoid inevitable contribution increases. The or are needed in the longer term. It is not issues affecting the [planning] industry The government itself has promised a never before, to become involved in your
of future RICs outside of the Sydney Growth Government will need to give considerable always possible to accurately determine and to collect and disseminate information ‘Culture Change Action Group’ with a range Institute and to support its work and each
Centres. Uncertainty is compounded by the attention to phase-in arrangements. development staging in advance, and the concerning the planned and unplanned use of stakeholders, as well as an agency CEO other. A desire to build stronger links
Bill retaining the ‘satisfactory arrangements’ plans will need to include all infrastructure of land. group to promote better coordination in between practising planners in consultancy
provisions where a GIP has not been Which drainage land will transfer from
needed over the development life in order government. The Department of Planning and local government will be discussed in
completed. Satisfactory arrangements current local section 94 contributions In that sense, the importance attached by
to deal with works-in-kind opportunities. and Infrastructure has already appointed a debate about culture and ethics in the
provisions are lazy policy that allows schemes to the Regional Growth Fund (or the government to PIA’s role in building on a Deputy Director-General for Cultural profession, to be held at this year’s Mudgee
Government to make up contributions on ‘Planning Growth Fund’ described in the Definitions of regional and local the momentum established by the Green Change, Jill Reich, whose role will include conference in August.
the run. There should be no contributions Bill)? Will this be land that is also to be infrastructure need to be clarified in the Paper is most encouraging. working with all industry sectors, including
requirements imposed unless there is a used for passive recreation purposes, or legislation, or otherwise by Ministerial To many of you reading this article, I
However, looking through the ‘Exposure local government, to promote best practice
costed and properly apportioned plan. is it riparian corridor land that cannot be direction. appreciate I may be preaching to the
Planning Bill’ exhibited with the White Paper, and provide guidance and support to the
used for any purpose other than drainage. Developers have complained about converted. However if you are working
There is no information on the level of there is no specific reference to the word profession in the change process. The
The distinction is important because the councils holding them to ransom with with others who can’t see the value of
subsidy the Government will carry in GIPs, ‘culture’ in the proposed objects for a new White Paper also recognises the crucial
outcome will guide what level of cross- VPAs. They should be careful what PIA to their work, Robyn and any of us
as although the special infrastructure planning act, nor indeed in the remainder of role played by planning educators in
subsidy of drainage land will be achieved they wish for. The confinement of VPA on the Divisional Committee are always
contributions have been in place for the Bill. How then is the desired culture, and our universities, professional mentors
from development contributions collected inclusions to only those facilities adopted happy to discuss the benefits and value of
some years, developers have never been the required cultural shift envisaged by the in business and not least the continuing
across the surrounding region. in an adopted local infrastructure plan membership. It is tax deductible - and with
levied more than 50% of the cost of this government, to be realised? professional development programs which
No ability for councils to require dedication will restrict the usefulness of VPAs. provide such a significant part of PIA’s an increase in professional accreditation,
infrastructure. If there is a significant delay
of land free of cost as part of a direct Of course the draft Bill does provide the services to its members. many employers are now helping with the
in clarifying at least base contributions How will the DP&I and IPART be
contribution requirement. Dedication of legislative foundation for many of the cost of memberships and training as part
for every development area of the State, resourced to meet their expanded role of
land can however be offered by a developer government’s intended reforms in the These are therefore exciting times, as we of doing business, as is already the case for
the Government may lose the goodwill of vetting and approving all contributions
to settle a LIC or a RIC requirement. new system, including in particular the seek to address the knowledge, behaviours local government building certifiers n
developers who are willing to make a new plans? Significant delays have occurred in
introduction of a Community Participation and beliefs which will characterise our
and evolving system work. The current The Bill states that provisions will be the past where the Department was given Contributions and comments are welcome.
Charter in the legislation, as well as local profession under the new planning system.
uncertainties in levies is a matter requiring included to allow the deferral of payment authority to vet all draft contributions Email Stephen Gow: SGow@armidale.nsw.gov.au
community participation plans, in Part 2. However, if we consider for a moment
resolution now and cannot wait for a new Act. of RICs. Developers will rightly ask why plans before they went on exhibition n
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Guidelines for development types terminology for assessing different levels
of impact, so that all L&VIAs use the same
Council’s Steering Committee highlighted key wording. The required methodology
that specific guidelines were needed to for illustrations such as photographs and
assist officers in assessing the impact
Lake Macquarie Scenic Management Guidelines
photomontages is also defined to ensure
of different development types. A past accuracy and consistency. Over time
example of where such guidelines were these consistent report and terminology
lacking was a development application standards will build up a useful resource
Stacey Brodbeck, Director of Envisage Consulting. for a quarry that would be seen from the for Council officers where it will be
lake. That application had illustrated that possible to compare different levels of
feature
there were no directly applicable policies or visual impact, which should add to both
documents that focussed on visual issues their knowledge and support decisions.
for that or similar development types, and
it was difficult for officers to fully support Key outcomes
and explain their concerns in that regard.
Lake Macquarie City Council’s new The key outcomes of the Scenic
In response, the Scenic Management Management Guidelines include:
Scenic Management Guidelines will Guidelines have a section on main
ensure that the scenic and landscape Keeping building heights below the dominant tree- development types, and particularly • A simple and succinct document that
values of this attractive area are line reduces visual dominance of built structures sensitive locations, which list key visual responds to Council’s needs and processes,
protected and managed. The guidelines issues and address these through a series with a checklist that guides the process;
2030 Strategy) for the desirable character of guidelines. Thus Council planners • Guidance to Council officers and applicants
recognise that the strong natural and spatial arrangement of the LGA. can use these to assess both planning during both the strategic planning stages
qualities of Lake Macquarie local The objectives seek to both protect what proposals and development applications, and development assessment;
government area (LGA) are widely residents and visitors value, whilst guiding whilst applicants can use them as a
and allowing new development that does • Identification and protection of the
valued; yet like many Australian coastal checklist while preparing development most visually-sensitive landscapes and
not detract from the existing natural and
regions there is constant pressure for proposals. The types of developments sensitive view locations across the local
cultural landscape. addressed include: new and established
new areas to be developed and existing government area (LGA);
The six overriding objectives are: residential areas, industrial, commercial
ones to be changed. and rural-residential land uses, residential • Appropriate levels of scenic
1. Protect vegetated ridgelines and upper flat buildings as well as specific guidelines management defined by Scenic
The Scenic Management Guidelines
slopes (refer Photograph 1) for sensitive locations such as coastal Management Zones across the LGA;
identify the most important scenic and
landscape resources, how best to protect 2. Retain green breaks between urban areas headlands, the lake foreshore and • Identification of likely development
and manage these resources, and also ridgelines. Under each category key visual types that can have potentially high
3. Protect important natural features
provide guidance on reducing the impact of issues are addressed (refer Photograph 2) visual impacts and specific guidelines to
key types of development. The guidelines 4. Ensure that the built environment does not and recommendations made to improve manage such impacts; and
are designed to be used during both dominate natural landscape qualities in outcomes (refer Photograph 3). • Development of criteria and a checklist for
the strategic planning and development non-urban areas
Vegetated ridgelines create an important visual backdrop to Lake Macquarie Need for a landscape and visual impact landscape and visual impact assessment
assessment phases. 5. New development to achieve a balance reports, including standardised
between the character of both the built and assessment report
of Planning’s Sydney Harbour Foreshores it being seen as only positive that a low terminology and specific requirements for
What are scenic and landscape values? and Waterways Area Development Control number of viewers were affected. natural environment The guidelines determine when a illustrations such as photomontages.
Scenic and landscape values encompass Plan (2005) and the Western Australian 6. Protect and enhance attractive views from landscape and visual impact assessment
Therefore a methodology was developed (L&VIA) is required, based primarily on the Overall the Lake Macquarie Scenic
both the inherent value of the physical Planning Commission and Department highly visible viewpoints.
that gave weight to both scenic and the development type and whether the site Management Guidelines have been well-
landscape and the value given to the of Planning and Infrastructure’s Visual Scenic Management Zones
landscape values, with that achieved is within an identified sensitive location received by the general community. The
landscape by the people who view it. Landscape Planning in Western Australia
through defining two types of visually- Thirteen types of Scenic Management (such as the lake foreshore, coastal guidelines were adopted by Lake Macquarie
(2007). Other useful information was
Values placed on a particular landscape sensitive locations: Zones cover the entire LGA and were edge or on a ridgeline). On that basis all City Council in early February 2013.
contained in the United Kingdom’s
by viewers take into account the perceived Guidelines for Landscape and Visual Significant landscape types (which devised by grouping together common development likely to cause a relevant Stacey prepared the Scenic Management
scenic quality of the landscape itself, and Impact Assessment (2002) and the well- comprise significant natural landscape landscape settings in terms of existing impact requires an L&VIA. This method Guidelines in association with Lake Macquarie
views to and from that landscape. These established system of landscape character features, natural landscape types with and future character types. These zones addresses Council officer concerns that City Council as an in-house consultant. n
values also include those we give to the assessment widely implemented across inherent natural values and landscapes provide more detailed guidance on what is the previous guidelines were based only
physical landscape, covering aspects the United Kingdom (2002). with heritage or cultural values); and appropriate within each particular zone. on management zone types, leading to the
such as natural elements, built form, potential for unnecessary assessments
landform, vegetation, landscape character The development of an appropriate format Places with a high visibility (those locations that For each zone, the guidelines describe
in some places, and a lack of a rigorous
and landscape features which combine to and methodology was specifically designed are sensitive to visual change due to visibility). the existing landscape character and
assessment for some major developments
distinguish one place from another, what is to respond to Council’s needs and the Council’s desired future character for that
A combination of mapping and criteria when not in particular management zones.
sometimes referred to as a ‘sense of place’. brief, and involved the testing of various zone. More detailed criteria then guides
establish where these landscapes and The benefits of this approach are that it
options and refining of the methodology future development within each zone,
locations occur. That information is then a key supports Council officers by allowing them
Developing a methodology throughout the document’s progress. such as appropriate levels of tree clearing,
to be confident of the circumstances of
consideration in any assessment of a planning retention of views, protection of natural
Council had previous guidelines that Key ideas in the document proposal or development application. when an L&VIA is required, and ensures
features, suitable scale of buildings and
were originally produced in 1997, yet over applicants are only required to provide an
Overriding objectives types of building materials.
time the relevance of these had been Acknowledging scenic and landscape values L&VIA when it is absolutely necessary.
reduced and the document no longer A particular concern raised by the Steering Whilst developing the methodology, it The Steering Committee identified that a key
adequately addressed current planning Committee early in the process was became obvious that to ensure a robust issue with previous similar reports submitted
and community concerns. The process for that both scenic values and landscape document, it needed to be based on a to Council was a lack of consistency in
the new guidelines began with a review values needed to be acknowledged. An strong foundation that defined a desirable format, methodology and terminology.
of these previous guidelines, as well as a example given of where this need had been future for the LGA. Also, in recent times, the growing use of
comprehensive review of existing Australian previously highlighted was when a marina photomontage-type illustrations had become
and International best practice. The overall This was achieved by establishing six townscape design
had been proposed in a rather remote an issue, with photomontages sometimes
process was supported by a Steering overriding objectives that set the framework. strategic master plans
area of the lake. Some officers felt that being difficult to assess for accuracy. These
Committee of key Council officers. These objectives then lead directly to the visual impact assessment
the inherent value of the actual landscape types of issues made assessment of such
intent of the two main guideline types in
The best practice review revealed that was not fully captured by an assessment reports by Council officers often problematic. scenic management plans
the document: (1) Scenic Management
there were no similar documents that process that mainly concentrated on specialist government advice
Zones (which cover the whole LGA); and (2) As a response, the new Scenic
could be found that covered all that was potential viewpoints and numbers of Stacey Brodbeck – Director
guidelines for particular development types Management Guidelines define what
intended by the new guidelines. However, viewers. It was argued that the fact of there www.envisageconsulting.com.au
and visually-sensitive locations. an L&VIA needs to cover as well as a
there were parts of existing documents in being few viewers could actually support
general format and methodology. Of 02 – 49425677
Australia that were relevant and informed a finding that there would be a loss to The six objectives were derived from
the natural landscape value, rather than particular benefit to Council officers is mail@envisageconsulting.com.au
the process, such as the NSW Department Council’s overall planning vision (Lifestyle
Establishing street trees can create a ‘sense of place’ the requirement to use a standardised
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