New planner I The year in review - A new planning system LGPN Forum Awards 2013 - Planning Institute of Australia
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
December 2013
new planner
Issue No. 97
The year
in review
A new
planning
system
LGPN Forum
Awards 2013
Planning Institute of Australia. NSW Division. 2013 Awards for Excellence in Planning
The Awards for Excellence Program recognises innovation, leadership and excellence in the planning profession, stimulates the public
awareness of excellent projects and emphasises the importance of good planning in the community.
Congratulations to the winners of the 2013 NSW Awards for Excellence in Planning and thank you to all the nominees
OUTSTANDING STUDENT PROJECT IMPROVING PLANNING PROCESSES & NEW FELLOWS OF THE PLANNING
Award – Laura Schmahmann for Regulating PRACTICES INSTITUTE 2013
Urban Design: a comparative study of Award – Shellharbour City Council for The Institute congratulates NSW Members
knockdown rebuild. Aboriginal Cultural Heritage Management who have been elevated to Fellows of the
Development Assessment Toolkit Institute. They were presented with their
PUBLIC ENGAGEMENT & COMMUNITY
PLANNING HARD WON VICTORY certificates at the Awards for Excellence
Award – Transport for NSW for North West Rail Award – Daly International in conjunction Gala dinner held on 7 November.
– Stakeholder and Community Engagement with Ericsson for NBN Fixed Wireless Project Elevation from Corporate Member to Fellow
Commendation – Defence Housing Australia is recognition by the National Council of
CUTTING EDGE RESEARCH & TEACHING
for AE2 Ermington the Planning Institute for Australia for
Commendation– University of New South
the conspicuous service rendered to the
BEST PLANNING IDEAS-SMALL PROJECTS Wales Faculty of the Built Environment for
profession, including a number of years
Award – PLACE Design Group in conjunction Redfern Waterloo Urban Design Strategy
in senior and responsible positions in the
with Warringah Council, Cardno, Godden PLANNING FOR CHILDREN & YOUNG planning field.
Mackay Logan and Elton Consulting for Dee PEOPLE Chris Berry FPIA
Why Town Centre Master Plan Award – Cred Community Planning in
Nicole Gurran FPIA
Commendation – Elton consulting in conjunction with Tweed Shire Council for Tweed
conjunction with Mid-Western Regional Youth Strategy “Speak Out” Engagement. David Laing FPIA CPP
Council, Caerleon Mudgee LTD and Catherine Van Laeren FPIA CPP
OUTSTANDING ACHIEVEMENT BY A YOUNG
Development Planning Strategies for
PLANNER
Caerleon Residential Urban Release, Mudgee
Award - Tim Sneesby
BEST PLANNING IDEAS- LARGE PROJECTS
SERVICE TO THE INSTITUTE
Award – NSW Department of Planning &
Award – Greg Woodhams FPIA CPP
Infrastructure for Newcastle Urban Renewal
Strategy PLANNER OF THE YEAR
Award – Sean O’Toole FPIA
Commendation – SGS Economics and
Planning in Conjunction with Wyong Shire PRESIDENT’S AWARD
Council for Wyong Shire Employment Lands Award – Oran Park Town Greenfield
Study and Industrial Land Audit Development Company and UrbanGrowth
NSW for Oran Town Park Centre
PIA NSW
DIRECTORY 2014
DIVISION COMMITTEE Committee Members David Seymour MPIA CPP
UrPlan Consulting
President Brian Elton MPIA
David Ryan MPIA CPP Elton Consulting Gary Shiels LFPIA CPP
City Plan GSA Planning
Wesley Folitarik MPIA
Vice President NSW Trade & Investment Ian Sinclair FPIA
Marjorie Ferguson MPIA CPP Edge Land Planning
City of Canada Bay Council Diana Griffiths MPIA CPP
Studio GL Javier Valderrama MPIA
Vice President Arup
Stephen Gow FPIA CPP Christina Livers MPIA (Graduate)
Hill PDA CONTACTING THE COMMITTEE The
Vice President (Regional) NSW Divisional Committee Members
Scott Anson MPIA Stephen O’Connor FPIA CPP are elected by the NSW Membership.
Hunter Development Corporation ERM Their role is to represent the
interests of the Members. They
Immediate Past President Jenny Rudolph MPIA can be contacted through the NSW
Sarah Hill MPIA Elton Consulting Divisional Office by phone or email to
Hill PDA Mike Svikis MPIA CPP nswmanager@planning.org.au
Mike Svikis Planning
Contents
This issue
Issue 83
contents
Editorial 4 In the Courts 24
President’s Message 5 Opinion - Community engagement 25
Executive Officer’s Report 6 2013 - the year of new population data for NSW 26
Infrastructure Matters 7 Healthy Built Environments 28
Planning Perspectives 8 Opinion - Mining camps 29
Norton Rose Fulbright Review 11 Opinion - Planning basics 30
Revisioning Planning 12 PlaceMakers 31
What planning achieved for development NSW Consulting Planners 32
in 2013 14
BasePlan 34
Local perspectives - the LGPN voice 16
PlannerTech 36
LGPN 2013: impressions from a new planner 17
Inbox 36
Planning for the 22nd century 18
Bob Zehner: a memoir 37
2013 LGPN Forum in pictures 20
International Snippets 38
Promoting improved efficiencies 22
Snapped 39
Editorial Team
Nicole Philps
Brigitte Buchholz
Andrew Wheeler
Robyn Vincin
Each quarter New Planner invites a Guest Editor to comment
Editorial on the theme of that issue.
NSW Executive Officer
PO Box 484, North Sydney NSW 2059 Contributors
Suite 3, 221 Miller St, North Sydney NSW 2060 Deadline for March 2014 edition is:
Tel: 02 8904 1011 Fax: 02 8904 1133 Friday 7 Februrary 2014. The theme for March 2014 issue is
Email: nswmanager@planning.org.au “Community engagement”
Email: nswmanager@planning.org.au
The views expressed in New Planner Design and Production
are those of the authors and do not Nationwide Advertising Pty Ltd
necessarily reflect the views of the Tel: 02 9955 4777 Fax 02 9955 7055
Planning Institute of Australia. Email: wsmith@npadvert.com.au
Cover Photo: Brigitte Buchholz
Subscriptions 2014
New Planner is available on subscription to non members of PIA NSW at a cost of $88 per annum,GST inclusive.
Email: nswadmin@planning.org.au
ISSN 1324-8669 PP a233-867-00015
newplanner | DECEMBER 2013 | 3
Editorial
Looking forward - looking back However, it seems that in reality the current features including “PlannerTech” and
debate about the future of planning in NSW Local perspectives: the Local Government
Traditionally the final issue of New Planner has paid little attention to the potential Planners Network views.
for the year is an issue which reviews both of spatial planning to provide solutions to
PIA activities over the year, and activities Thank you to the many contributors who
many aspects of our most difficult social have provided the content for our magazine.
within the planning profession. issues.” Thank you to the Editorial team of Andrew
As the outgoing President Sarah Hill Stephen Gow has provided a review of the Wheeler, Brigitte Buchholz and Nicole
reflects in her column “Often in planning 2013 Mudgee Forum “The importance Philps and look out for new ideas from
we walk a tightrope to balance the opinions of informed professional input in the them in 2014,as we approach the 100th
and perspectives of the community” and context of the NSW Government’s planning edition of New Planner. Thank you to Rose
in that vein, we have called upon planners reform package was very much evident in Saltman who has assisted with editing of
from various sides of the industry to give discussions from the welcome reception recent issues.
their views on 2013. onwards. Moreover, the potential for 2014 will be another big year, and New
The variety of opinions and perspectives members to make telling contributions in Planner will be a voice for some of the
represented here are both the great this change process was highlighted in the changes. The theme for our March issue
opportunities and the challenges for our striking similarity between aspects of the is one which has received a lot of airplay
profession and our industry, and there have current reforms and proposals put forward this year – community engagement – your
been some challenges. by delegates at the previous Forum in contributions will be welcome n
From Stephen McMahon’s “The highway Leura.“. You can read Stephen’s full report
was jammed with broken heroes on a last in this issue, and papers from the Forum
chance power drive” reflection on what are available on our website.
planning achieved for the development From an editorial perspective, it has been
industry in 2013 … so much promise … great to see New Planner become a voice
; to Sarah’s Reilly’s reflections from a for planners, with an increasing number
social planning perspective: “It’s great to of unsolicited opinion pieces which add
see outcomes for the entire community to the valued regular contributions. This
in the literature around planning reform. year we have added some new regular
EMM EXCELLENCE IN PLANNING
Great
Ecology Transport Heritage Design Acoustics Planning =
+
+
+
+
+
Outcome
SYDNEY | Paul Mitchell or Brett McLennan| 02 9493 9500
NEWCASTLE | Oliver Muller | 02 4927 0506
BRISBANE | Rob Janssen | 07 3839 1800
www.emgamm.com Planning + Environment + Acoustics
4 | DECEMBER 2013 | newplanner
President’s message
Sarah Hill, President PIA NSW Division
editorial
represent the interests of our members. Division but I’d like to take this opportunity
With respect to the second foci, we have and to thank him for his contributions so far. To
continue to work with the State Government Greg Woodhams who stood down as Vice
and tertiary institutions to design a package President in early 2013 – thank you for your
of education programmes to be rolled out contributions, and especially for the strong
with the new planning system to support leadership of the Policy Committee. I am so
planners across all industry groups. pleased you were able to personally be there
A notable win for us was the scale of the to receive your Service to the Institute Award.
State budget awarded to education this year I would also like to stop and take the time
following much of our encouragement behind to thank Robyn personally. Not only has
the scenes. We are also working with the she delivered an outstanding service to our
Well it is true that all good things Department of Planning and Infrastructure, members but she has been my rock. It is true
come to an end, and sadly for me local government and industry to identify that behind any half way decent President
my term as PIA NSW President has and resource practical measures that can be there is a great Robyn. Robyn has advised
expired. I believe that every good implemented by all players in the planning me, mentored me, guided and supported me
President knows the right time to and property industry to enhance our culture through many unknowns and challenges over
stand down and to support a new voice and our collaborative approach to achieving the past two years. She has been available
and fresh opinion. For this reason it a vision and great planning outcomes. 24/7 as the job requires and kept me focused
is an absolute delight to announce Improvements to our culture arguably on what matters – our profession and its
and congratulate David Ryan as becoming more important in light of the members. Robyn has listened to my ideas and
my replacement. David has proven recent obstacles faced by the draft Bills. made them happen and all I can say is thank
instrumental in preparing PIA’s policy Importantly our strategic direction and you, you are a truly professional and wise
position regarding the new planning priorities in NSW business planning reflect woman. David, you will be in great hands.
system over the past two years and for the PIA national priorities. The key policy My thanks to the Chairs of all our Chapters,
that reason I believe there is no greater areas for PIA and the planning profession Networks and Branches and their local
person to lead us forward as next year generally have been reflected in the major Committees who have represented so well
we put flesh to the bone on matters “Planning matters” campaign which PIA the interests of their respective groups.
ranging from new planning regulations has rolled out across each Division. In NSW Your contributions to policy development,
to State policies to subregional plans. this has been reflected in and in some cases the preparation of draft submissions and
been led by, the work we have been doing on organising events relevant to your areas
Over my term as President, I have had the
changing the culture of planning. of interest and expertise has made a huge
great privilege of meeting and learning from
Whilst undertaking the above, we have sought difference to the quality and depth of our work.
so many interesting people. In this respect I
wish to commence by thanking every NSW to consistently deliver high quality networking On behalf of PIA our thanks goes to our
member of the Institute for their input, and professional development events for our sponsors throughout the year for their
support and guidance throughout the year. members. Robyn Vincin, our fearless executive continued generosity without which we could
Often in planning we walk a tightrope to leader has continued to work tirelessly and not continue to deliver the number or level of
balance the opinions and perspectives of the passionately to run over 45 successful events services that we do.
community. During my presidency whilst I find that also provide a positive return to ensure In light of the year we have had, my hope is
that planners are not short of an opinion, I am the sustainability of the Institute. In addition that you can agree that there is great benefit
pleased to say that I also found that planners Robyn has managed our members enquiries, in being a member of the PIA family. I would
have a respect for different points of view and provided career advice, established mentoring argue that with the changes set to occur
a willingness to listen. We are also aware of programmes and kept us all connected over the next few years, it will be ever the
the importance of getting our facts right, of and informed with the support of her highly more important to be part of a professional
doing our homework and being careful not to capable team member Anthony Pignatiello. network of like-minded people who seek to
perpetuate misunderstandings further. In doing this Robyn and I have been blessed continually grow and expand their education
So in order to say sayonara, I thought I would with a great volunteer team. I consequently and ways of thinking. I encourage you to
wrap up with a brief synopsis of our activities would like to acknowledge the support and continue to be engaged and to help us to
this year. These activities may be summarised hard work of the Division Committee and make a difference in the coming year. Whilst I
into two key areas – representing the thank them for their efforts on behalf of stand down as President, I can say for certain
profession at the table of many Departmental PIA NSW. A special thank you goes to Vice that I will practice what I preach and stay
and Ministerial meetings and by focusing on Presidents David Ryan and Scott Anson, to active in my pursuit to raise the profile of the
what our members will need to effectively our Past President Tony McNamara for his profession and recognition of its substantial
implement a new planning system. ongoing contribution, and to NSW Board value.
Member Anthony Newland. To retiring Regards
Explaining the first of our foci further, we
Committee Members Chris Pratt and Tony
have led on major industry stakeholder
McNamara, who have both given years of
groups, played a key role in Ministerial
active service to the Institute – thank you for
Taskforces and working groups, provided
your contributions and we know you won’t be
interviews to the media on behalf of the
strangers. Our Young Planner Convenor Harry
profession and made constructive comments
Quartermain will continue to represent NSW
on draft policy and legislation so as to best
newplanner | DECEMBER 2013 | 5
Executive Officer’s report
Robyn Vincin, PIA NSW Executive Officer
undertook in the Ambassadors for Change Moving forward –we’re not there yet but
program will continue as the new Planning we have come a long way, supported by the
Act rolls out. We have also sought to fact that we’re not alone on the journey.
recognise some of those Champions PIA nationally has adopted the Planning
through our Awards program and the PIA Matters: Shaping the World Today for
professional recognition processes. Tomorrow strategy. This strategy will inform
Idea 5: Developing smart planners – a series of key actions to Focus, Invigorate
working with the Department of Planning and Position members and the profession
In an article in the December 2011 & Infrastructure and with universities, through a series of key actions including:
edition of New Planner, Sarah Hill, we are developing an education program 1. Focusing our members to be bold
PIA NSW President spoke of the which will support planning and related planning professionals committed to
importance of a cultural shift, in professionals. The PIA professional delivering good planning.
development program, in the context of our 2. Invigorate the profession by inspiring
order for the NSW planning system
Lifelong Learning Framework, will support planners to embrace change and
review to be truly effective. understand the value we bring.
and complement this broader program.
That article identified nine ways to And to
positively change the culture of planning. Idea 6: Supporting community 3. Position the profession by championing
Two years on, with the Planning Bills before engagement – this one has been a good planning.
Parliament as we go to print, and under the rollercoaster. The Planning Bill includes
a Community Participation Charter and Equally significant in this move forward is
theme of the year in review, it is timely to
processes for engagement. We have a the work being done to establish a culture
review those nine tenets by reference back
once in a generation opportunity to create change action group, as outlined in the
to some of actions and the statements PIA
a new planning system that will serve our White Paper. PIA is an active participant in
has made over those two years.
community and our environment into the this process.
Idea 1: Positive attitude to change – foreseeable future. Let’s not get diverted Last but not least –we need you! We can
we have been overwhelmed by the support by issues that can be resolved along the only truly represent our Members and
for a change in the culture of planning. way. As part of this brave new world we reflect the broader planning community,
Throughout 2012 and into 2013 the feedback need to rebuild trust that has been lost if we understand your needs. Don’t let the
from planning professionals and stakeholders, between the community, government and critics of change have the last word.
through working groups, seminars and planning consultants to show that we
responses to our submissions, was that are all in this together and that includes 2013 wrap up
change was both needed and supported. de-bunking growing myths about the A year in review would not be complete
new system related to matters such as
Idea 2: Strategic and evidence without an acknowledgement of the
community consultation.
based planning by planners – PIA contributions of a large number of
submissions on the Green and the White Idea 7: Planners as professionals and Members. Thank you to everyone who has
Paper supported the need for a refocus decision makers - PIA supports the work contributed to organising seminars, to our
back to strategic planning. The documents being done in the ePlanning space, and will policy submissions, to informal and formal
and the subsequent draft Planning Bill continue to engage with universities and mentoring programs and to our various
reflected this approach. PIA continues other training organisations to ensure that committees and networks. Thank you to the
to support moves to ensure we have the planners have both the technical and the Divisional Committee members who finished
right tools and information to do our jobs; soft skills to contribute professionally. their terms this year – Chris Pratt, Tony
in practice this relates to ePlanning, a McNamara and Harry Quartermain and NSW
Idea 8: Aligning the culture of
new research section at the Department, Board Member Anthony Newland. Welcome
planning and the Act - it is important
a stronger and more connected research new Committee Members Diana Griffiths,
that we do not replicate the poor practices
role for centres of learning and tools for Jenny Rudolph, Mike Svikis and Christina
of the past by passing on incorrect
real community engagement. Livers. Congratulations to David Ryan who
information or misunderstandings. In a
takes up the NSW President’s Chair.
Idea 3: Recognition of the bigger system that advocates the use of evidence
picture – this idea stated that the focus and recognition of the big picture, we need To Sarah Hill, who has led the NSW Division
of planners should be towards outcomes to ensure any comments we make bear for the past two years, and who has put us
rather than process; vision rather than these cultural components in mind. on the map in the “culture change” space –
assessment – we need to keep reminding thank you on behalf of our Members. I want
Idea 9: Positive media - this is another
ourselves that this is our goal. to personally acknowledge Sarah’s drive
rollercoaster and we can but avow to
and energy and her commitment to PIA,
Idea 4: Courageous leaders and continue to identify good news stories, and
all of which ensure that the NSW Division
champions - we have seen many actively engage where possible. PIA has
is well placed to respond to changes and
champions emerge in the culture change been called upon to provide background to
challenges in 2014.
space, and unfortunately a number of news stories; regional media has reported
detractors. The early work which PIA on PIA activities in regional areas. Best wishes for a safe holiday n
6 | DECEMBER 2013 | newplanner
Infrastructure Matters
Infrastructure Year in Review
Greg New, Director, GLN Planning
review
It’s been a big year for infrastructure lead role will transfer to the private sector. infrastructure to support new housing
planning in NSW. The Commonwealth has also promised areas. Many councils have embraced the
$1.5 billion for the project. If all goes to program. According to the Minister for
Every election campaign is awash with plan, Sydney will get its inner area - port Local Government, the first two rounds
politicians in hard hats and fluoro vests. - airport transport connections by 2023. of the scheme have provided interest
The stakes however went higher during Years after Brisbane and Melbourne got subsidies to 87 councils for 138 individual
this year’s federal campaign. The new theirs, but better late than never! projects. This will unlock around $680
Prime Minister, Tony Abbott said before the million worth of investment in local
It’s a challenge keeping pace with the
election that he wanted to be remembered infrastructure. A number of these loans
program acronyms. The State’s programs
as the ‘infrastructure prime minister’. are being funded by the special rate
to address particular sectoral or regional
Mr Abbott, you got the gong and now we variations approved by IPART.
infrastructure challenges including the
all look forward to a full-steam-ahead
Housing Acceleration Fund (HAF), the The LIGS program will fund the
program of infrastructure.
Hunter Infrastructure and Investment Fund shortfall in development contributions
It was also during the campaign that the (HIIF), the Local Infrastructure Renewal at least until the new infrastructure
then Prime Minister, Mr Rudd, got caught Scheme (LIRS), the Local Infrastructure contributions system is in place.
in the headlights in the first debate when Growth Scheme (LIGS) and the punchier Mid Western Regional Council shared the
asked his views on making a start on ‘Restart NSW’. prestigious 2013 AR Bluett memorial award
Sydney’s second airport. Mr Rudd famously
With the HAF the Government is using for tackling growth-related infrastructure
said that he was from Queensland and
the sale of assets to fund infrastructure in challenges. Achievements during the year
there were other airports apart from
both infill and housing growth areas. $302 included 3 swimming pool upgrades, the
Sydney. The tide on this issue appears
million has been allocated to the program in finalisation of a regional sports complex,
to have turned. Western Sydney councils
2013-14, of which $99 million will go towards town hall refurbishment, library extensions,
having changed their view and are now
the cost of essential local infrastructure main street upgrades and a $23 million
actively promoting an airport at Badgerys
in section 94 plans that cannot be funded sewer augmentation program. The area,
Creek. There appears to be a groundswell
because of the contributions cap (i.e. the centred on Mudgee, is expecting 30%
that if Sydney’s west is to get the massive
LIGS). This year’s and last year’s HAF money growth over the next 7 years.
increase in local jobs it needs, then a new
is going toward road, water, waste water and The council is not resting on its laurels
airport is the best way of achieving it.
electricity projects supporting new housing and is positively focused on enabling
The Commonwealth’s procrastination over and employment areas (infill and greenfield) development through infrastructure. In
the second airport commitment that has mainly in Sydney, the Lower Hunter and August it was successful in securing a
been ongoing for at least a generation, and Wollongong. subsidised loan of $8.2 million for lead-in
from both sides of politics, has done much
The Local Government Infrastructure Audit water, sewer and roads infrastructure to
harm to business confidence in NSW. Is
report in June told us the total infrastructure serve a 1400-lot development on the edge
that all about to change? Time will tell.
backlog for all councils stood at $7.4 billion of Mudgee. The infrastructure will address
The State Government in 2013 continued in 2011/12 – an improvement since the the critical shortage of residential housing
an agenda that placed a high priority on last audit in 2004. Councils that are facing due to the rapid expansion of the coal
delivering infrastructure. The Budget the infrastructure challenges head-on are mining industry.
papers state that the State funded making head way. The following concurrent And finally, at the end of 2013 we find
infrastructure program will ‘step up’ from events suggest to me that councils do have ourselves almost with a new Planning
an average of $6.5 billion per year for the the opportunity to address the challenge if Act. While changes to the infrastructure
four years before 2013 to an average of $9 they are bold enough: contributions are afoot, the details of those
billion per year for the four years following
Extra rate funding approval is no changes are yet to emerge. Developers
2013. A significant shift to be sure.
longer at the whim of the Minister for fear that with the removal of the caps,
Chief among the major projects is Local Government, but is now under infrastructure contribution rates will
WestConnex – a new inner urban motorway the control of an independent umpire, return to the high levels that existed prior
and urban renewal area that will link IPART. The Tribunal approved all 23 to 2010. The new Act promises a more
western and south western Sydney with special variation applications this equitable system that would potentially
Sydney’s airport and port. UrbanGrowth year, suggesting that if councils show spread the cost burden across a broader
NSW will lead the land use redevelopment leadership and planning they will be population resulting in significant
along the link. The Government has allowed significant extra rate funding for affordability benefits. The truth of that
developed an innovative financing strategy infrastructure. promise will only become known in time.
for WestConnex that will see it take the It will be the details of the new Act that
The LIRS program of subsidised
finance risk for the early stages until traffic will likely occupy everyone in the planning
borrowing is making a positive impact
volumes are established, after which the profession in 2014 n
on both the infrastructure backlog and
newplanner | DECEMBER 2013 | 7
Planning Perspectives
Warkworth Judgment
Steve O’Connor, KDC and ERM Australia
and eventually was overturned in the Land
and Environment Court.
The appeal was heard by the Chief Judge
who concluded at paragraph 23 of his
judgment that;
“Balancing the significant adverse
environmental and social impacts
against the material economic and social
benefits of the Project, it has not been
established that the Project is justified
on environmental, social and economic
grounds.”
This matter is still before the courts as a
Given the theme of this edition of New further appeal has been heard challenging Polycentric Decisions are like a web
Planner is “the year in review”, I have the decision of the Chief Judge. The
decided to focus on the Warkworth outcome of this appeal is yet to be known. An analogy of a web is provided in the
judgment where it is explained that a pull
decision which was released earlier The Decision Making Process
on one strand will distribute tensions
this year. This is arguably the most The judgment tells us that there are four and after a complicated pattern of
important judgment handed down key steps in the decision making process adjustment throughout the whole web a
for a major project like the expansion of a new equilibrium will be established. The
by the Land and Environment Court coal mine. These steps are summarized in web, as illustrated in the Photograph 1, is
in over a decade. In the June 2013 paragraph 36 of the judgment as follows; a complex structure with some remarkable
edition of New Planner, Peter “first: identification of the relevant matters characteristics which humans have
Williams referred to this decision needing to be considered; secondly: fact sought to replicate. Polycentric problems
and presented a summary of the finding for each relevant matter; thirdly: cannot be resolved by simply dealing with
matters surrounding this court case. determining how much weight each individual key issues.
relevant matter is to receive; and fourthly: For example, if the noise impacts of
Peter concluded that it was notable balancing the weighted matters to arrive at a mining proposal are considered
for three main reasons, namely that a managerial decision.” unacceptable on some of the adjacent
it provided an explanation of the These four steps must be followed properties then some of the impacted
merit review process, it provided an sequentially and only after proceeding properties may be required to be acquired
exhaustive assessment of the merit down this path can a final decision be by the proponent of the mine. However,
made. if these properties are no longer used
issues and it contained references for their current purpose, then this
to the principles of ecologically Polycentric Decision Making
could impact on the economic and social
sustainable development. We are also told by the Chief Judge that, assessments which had been prepared for
when grappling with the task of assessing the mining proposal. Hence an iterative
While I agree that these issues are a major project, we are dealing with a process must be followed across a whole
noteworthy, there are other compelling polycentric problem. range of key issues during the assessment
reasons to take a close look at this Here is an extract from paragraph 31 of the and decision making stages which may
judgment as explained in this article. judgment to explain what this means; well require additional information.
Background Information “The range of interests affected, The Chief Judge therefore concluded at
A Project Application under Part 3A of the the complexity of the issues and the paragraph 483;
Environmental Planning and Assessment interdependence of the issues, means that “a polycentric problem such as determining
Act 1979 (EP&A Act) was lodged in 2010 decision making involves a polycentric whether to approve or disapprove a mining
by Warkworth Mining Limited to expand problem. A polycentric problem involves project, cannot be resolved by identifying
an open cut coal mine near the village a complex network of relationships, with each issue and sequentially resolving it; the
of Broke. The application was approved interacting points of influence. Each resolution of one issue has repercussions
after being reviewed by the Planning and decision made communicates itself to on other issues.”
Assessment Commission (PAC) in 2012. other centres of decision, changing the
However, this decision was challenged by conditions, so that a new basis must be Implications for Planners
the Broke Milbrodale Progress Association found for the next decision.” Having been guilty of preparing reports on
8 | DECEMBER 2013 | newplanner
complex proposals and having followed the
relatively standard practice of simply listing
the key issues and, one by one dealing with
each of them, I may well have not given due
regard to the polycentric nature of major
projects as required in this judgment.
Addressing each issue and ticking it
off one by one until there are no more
outstanding issues is a simplistic
approach to the assessment of complex
review
development proposals. Recognition of the
interdependence of issues is likely to be
given increasing focus in future.
Noise and Dust Considerations
The Chief Judge provides a detailed
“The combining of noise criteria for
Warkworth and Mount Thorley mines in the
proposed approved conditions is of doubtful
legal validity but in any event is likely to be
difficult to monitor or enforce compliance.
Hence no confident conclusion can be
drawn that the noise impacts of the Project
will be acceptable.”
Biological Diversity Considerations
Similarly, 28 pages are allocated to
discussing the likely biodiversity impacts. Rural Communities enjoy a special amenity
One of the critical conclusions is that it
is not appropriate to trade offsets across Photograph 2 illustrates the ambiance Conclusions
different ecological communities. It is not of rural communities in the Gloucester Although the outcome of the appeal against
surprising therefore that the Chief Judge Valley which like the Hunter Valley has the Warkworth decision handed down by
concluded at paragraph 255 that; significant coal resources. The amenity of the Chief Judge is unknown at the time of
communities like this can be threatened by writing, it is likely that the various principles
“..Warkworth’s offset package of direct a major project like a coal mine.
offsets and other compensatory measures documented throughout the judgment will
would not adequately compensate for the As a consequence of this judgment, the remain unchallenged given that the appeal
significant impacts that the Project would techniques and methodologies adopted is related strictly to points of law.
have on extant EECs in the disturbance to assess the impacts of noise, dust, The four step process to be followed when
area. This is a fundamental matter to be biological diversity, social and economic assessing major projects, that is, the
considered in the decision-making process, assessment in relation to major projects importance of recognizing the polycentricity
to which significant weight should be may have to be significantly revised. of decision making, the need to be explicit
assigned. ” Balancing of Relevant Matters and about the weightings assigned to indicate
Social and Economic Considerations Determination the relative importance of the various
Given that the judgment runs to over 100 issues assessed, and the nature of the
Likely social and economic impacts balancing which takes place in order to
are canvassed in 22 pages of the pages, there is surprisingly little attention
paid to balancing the various issues and come to a decision whether to approve or
judgment where the analytical tools and refuse a proposal, are all part of the legacy
methodologies used in the environmental drawing a conclusion. In fact, less than a
page is devoted to discussing this task. of this decision.
assessment report are roundly criticized for
not taking into account the polycentricity This is what is said at paragraph 499; It is likely that planning students will be
of the Project. In particular the economic “In my view, balancing all the relevant studying this judgment for many years
modeling is criticized as it did not address matters, the preferable decision is to to come and will be learning about
the issues of equity and distributive justice. disapprove of the carrying out of the concepts like solastalgia. Hopefully those
Project.” responsible for drafting the Planning Bill
There was also a concern about the currently before Parliament had a good
adverse change in the composition of the Having regard to the importance of this
grasp of the lessons to be learnt from this
Bulga community and the impacts that this balancing process, I find it surprising
judgment before the Bill was finalized n
might have. The term “solastalgia” was that so little discussion and justification
coined to refer to the loss of place which is provided under this heading in the
people experience in these situations. judgment.
NSW Environment and planning team
Norton Rose Fulbright Australia
Jacinta Studdert Felicity Rourke Peter Rigg
Partner, Sydney Partner, Sydney Consultant, Sydney
Tel +61 2 9330 8500 Tel +61 2 9330 8665 Tel +61 2 9330 8502
jacinta.studdert@ felicity.rourke@ peter.rigg@
nortonrosefulbright.com nortonrosefulbright.com nortonrosefulbright.com
NRF16393
Law around the world
nortonrosefulbright.com
newplanner | DECEMBER 2013 | 9
Norton Rose Fulbright Review
Looking forward by looking back
Jacinta Studdert Partner, Felicity Rourke Partner, Richard Howarth Associate, Environment and Planning Group,
Norton Rose Australia
review
Jacinta Studdert Peter Rigg Felicity Rourke
This year we have seen proposals to and those contained in the Planning Bill, 3) The Federal proposal: bilateral
make significant changes to planning it will be interesting to see how profoundly approvals under the Environment
in NSW in 2014 and beyond. different the final legislation will be from Protection and Biodiversity
that currently in place. Conservation Act 1999 (EPBC Act)
From the large amount of case law and
legislative amendments (both proposed 2) The case: Fullerton Cove Residents Looking forward to 2014, there are
and made), this article has selected 3 of Action Group Incorporated v Dart some important changes proposed at a
the more important planning developments Energy Ltd (No 2) [2013] NSWLEC 38 Federal level which have the potential to
of 2013. These developments include a impact how planning and environmental
(Dart Energy) decisions are made within NSW. Federal
State amendment (the proposed NSW
planning reforms), a case (Fullerton Cove The Dart Energy case concerned the Environment Minister Greg Hunt recently
challenge by Fullerton Cove Action Group announced the Government’s intention to
Residents Action Group Incorporated v
(Fullerton) to a proponent’s approval to create a “one stop shop” for environmental
Dart Energy Ltd) and a Federal proposal
carry out coal seam gas (CSG) exploration approvals through the accreditation of the
(bilateral approvals under the Environment
activities near Newcastle. Fullerton State planning systems under the EPBC
Protection and Biodiversity Conservation
contended that the exploration activities Act. Minister Hunt confirmed that those
Act 1999).
were invalid as the Department of Trade “willing jurisdictions” wanting to participate
1) The State amendment: NSW and Investment, Regional Infrastructure in the proposal will undergo a three stage
planning reforms and Services had failed to: process that includes:
The release of “A New Planning System 1. examine and take into account 1. signing a Memorandum of
for NSW – White Paper” (White Paper) to the fullest extent possible all Understanding;
on 16 April this year provided details on matters affecting or likely to affect
how the NSW Government proposed to 2. agreement on bilateral assessments
the environment arising from the and updating any existing agreement
review the planning system, promote exploration activities, breaching section
economic growth and productivity, with the state; and
111 of the Environmental Planning and
increase community input into the Assessment Act 1979 (Act); and 3. negotiation of approval bilateral
planning process, improve decision agreements within 12 months.
making and transition to a system with 2. require that Dart Energy provide an
less delay and red tape. This was followed Environmental Impact Statement This proposal will undoubtedly garner
on 22 October 2013 by the introduction despite the fact that the exploration a broad spectrum of responses, with
into the NSW Parliament of the Planning activities are “likely to significantly some entities seeing this proposal to
Bill 2013 (Planning Bill) and Planning affect the environment (including “cut red tape” as an avenue to a more
Administration Bill 2013. critical habitat) or threatened species, streamlined and simplified process
populations or ecological communities, for project approvals, and others as a
The recently introduced Planning Bill or their habitats”, breaching section significant erosion of the Commonwealth’s
has been amended in response to the 112 of the Act. responsibility to protect matters of national
consultation process that took place environmental significance and ensure
following the release of the White Paper. The challenge was unsuccessful. Justice compliance with Australia’s international
The Planning Bill now includes changes Pepper found that as section 112 of the Act environmental obligations.
such as an expansion of the community gives rise to a jurisdictional fact (conditions
participation requirements, a retention of which must exist before a statutory power Queensland was the first (and at the
all zones in the Standard Instrument Local is enlivened) the merits of determining time of writing only) state to enter into a
Environmental Plan, and the strengthening authorities’ decisions can be called into Memorandum of Understanding (MOU) with
of concurrence requirements regarding question by third party objectors. the Commonwealth. Whilst the MOU is not
threatened species. a legal agreement, it provides that both the
This finding may result in not only less Commonwealth and Queensland are to use
On 30 October 2013 the Planning Bill certainty for proponents seeking to rely “their best endeavours” to deliver the “one
and other associated bills passed the on determinations made under Part 5 of stop shop” for environmental approvals and
State’s lower house, however there is no the Act, but also increase the opportunity remove “duplication in assessment and
date for the legislation to be finalised. for third party objectors to challenge the approvals processes, while maintaining
The Government promoted the review of validity of such assessments. With ongoing environmental outcomes.” A “watch this
the planning amendments as a “once- community concerns regarding CSG space” status applies to this proposal, with
in-a-generation” reform, however with activities in NSW, there may be a greater many of the other States expected to follow
significant amendments to some of the number of similar challenges taking place
Queensland’s lead n
proposals contained in the White Paper in the coming year.
newplanner | DECEMBER 2013 | 11Revisioning planning to achieve long-term
social and economic benefits
Sarah Reilly, Cred Community Planning
Planning for children in density Planning for older people
Australia is only now learning to plan for By 2050, the number of people aged 65 plus
more people living within increased density will more than double from just over one
and the subsequent increase of children and million (one in eight people) to 2.3million
young people in inner city areas. (In the City (one in four people). This significant growth
of Sydney there are higher proportions of means that we need to start planning for
children aged 0 to 4 years living in many new more appropriate and universally designed
high-density dwellings than in other parts of housing, public spaces and town centres
the City). But what are we doing to provide or we will face significant health and social
quality spaces to support the integration of service costs in the future. Few of our public
kids into public space? In Copenhagen, a areas are universally accessible, isolating
high density city, children are designed into many older people in their homes, and low
The NSW Department of Planning the streetscape through play streets and play proportions of new dwellings are universally
White Paper1 states: yards resulting in healthier, more socialised designed to support ageing in place. But
adults causing less negative impacts on there is significant research to show that
“The main purpose of the planning society. Copenhagen has one of the lowest the costs of incorporating universal design
system is to promote economic growth crime rates in the world, significantly upfront are much lower than retrofitting
and development in NSW for the benefit reducing costs to the government in areas later, and significantly less than the costs
of the entire community, while protecting such as law and order, and health. of moving an older person out of the
neighbourhood they are connected to and
the environment and enhancing people’s into a nursing home. A US study showed that
way of life” for a house of between 150m2 and 200m2,
It’s great to see outcomes for the entire the cost of incorporating essential universal
community in the literature around planning design features costs about $700 for a new
reform. However, it seems that in reality house compared to $14,000 if that same
the current debate about the future of house was to be retrofitted.
planning in NSW has paid little attention
Housing affordability
to the potential of spatial planning to
provide solutions to many aspects of our Sydney has escalating housing prices. What’s
most difficult social issues. There is a Hans Tavsens Ost puddle play2 going to happen to Sydney without enough
lot of rhetoric about improving quality of affordable housing to support key workers
life for people, however, social planning Community services to work in higher income areas where they
requirements are not enshrined anywhere couldn’t possibly afford to live? Where are
in the proposed legislation. Internationally, Studies from economist James Heckman our nurses, cleaners, police, bus drivers and
there’s an increasing interest in planning show that for every $1 spent on child care, teachers going to come from, and where
for, and measuring of, the value of social $17 is returned to the community through might they move? And what are the costs
outcomes. The “social” is considered an better educational outcomes, higher school when housing becomes so unaffordable and
integral part of the big picture planning completion rates, less expenditure on health, unavailable that homelessness continues to
process. In my experience as a social welfare and crime services. However, in increase? With about 55,000 people currently
planner, there is a constant battle to Australia, child care is one service area on the NSW Social Housing waitlist, this is
convince decision makers to invest money from which increasing numbers of councils likely to happen.
in good social planning processes or on are opting out, while there is increasing
hard and soft social infrastructure (such as demand for places in many LGAs.3 Recently, The Common Ground model of mixed
open space, affordable housing, universal Blacktown Council passed a motion not to housing is well known and in Chippendale
design or community facilities). With sell of some its child care centres, but only this development provides social housing,
competing demands for limited funds, the in response to significant protest from the affordable housing for key workers and 52
short-term economic costs, or ability to local community who value Council-run child houses for long-term homeless people. A
make a profit, seem to be the major focus care which generally has lower fees and recent study showed that it costs more to
for many decision makers. high quality services, and creates a stronger leave a person homeless ($34,000 in service
community. Blacktown Council is one of fees per annum4) than to provide supported
Where’s the evidence? Sydney’s largest local government child housing. And yet supported housing can
care providers in a socially, culturally and reduce ongoing costs by 50% and has
So how do we put a value on social economically diverse community. However, additional savings to health care (69%
outcomes? There is increasing and rapid development saw poor planning result reduction); ambulance transportation costs
significant evidence nationally and in an oversupply of private child care centres (66% reduction), police contact costs (66%
internationally that there are direct short impacting on the viability of Council centres reduction), incarceration (62% reduction), and
and long-term economic benefits to people- and thus a push to sell off the assets. While shelter visits (98% reduction)5. Furthermore,
focused planning, and conversely economic many Councils are getting out of direct service the Big Issue, a well know homelessness
risks and costs to planning without social provision, others such as the City of Sydney service, has identified through a La Trobe
outcomes in mind. These benefits and and Leichhardt Council have recognised the University study that for every $1 invested in
risks reach a broad range of stakeholders value of community and Council-run services the Street Soccer Program, a saving of $4.30
including the community, local business, and are investing significant additional money was generated to the Australian community,
developers and government. into new child care centres in their areas. saving society $7million a year.
12 | DECEMBER 2013 | newplannerLiveability and community wellbeing on average, $3.56); 6 Active transport Sarah Reilly is the NSW PIA Social
(walking, cycling and catching the bus, Planning Convenor and will be speaking at
Continued urban sprawl in areas with poor train or ferry) is not just good for our the 2014 PIA National Planning Conference
access to employment, public transport, open health and for street activation but on why planning for people makes good
space, facilities and services, means that it’s actually good for our economy. An economic sense.
those families and people living in housing Australian Government report shows
that is considered “affordable” are going to be
1
NSW Department of Planning and
that for each person who cycles 20 Infrastructure, A new planning system for
the ones most heavily affected by increasing minutes to work and back, our economy NSW, 2013
petrol prices, and their limited access to local benefits by $21.20. Active transport 2
Vincent Tanya, Study report to investigate
services and community spaces. Around reduces our health costs, eases the how Copenhagen’s play yards address the
feature
70% of employment is in Sydney’s east but burden of congestion, cuts the costs of parental fears and higher densities that limit
70% live in Sydney’s west meaning that vehicle maintenance and saves on the the outdoor, independent play of children in
people are spending long stressful hours in need to build more roads;7 and Australian Cities, Sept. 2012, p.21
cars, spending increasing money on petrol. 3
NSW Community Child Care Cooperative
Meanwhile there are kids left at home alone A UK study identified that every pound and Cred Community Planning are currently
after school longer, playing on screens, invested in an adventure playground completing a study into NSW local council
eating packaged food and becoming at risk of generates £1.32 in social benefits.8 involvement in child care
4
City of Sydney Council and St Vincents
obesity. There is now research that supports
“Planning is the messy business of Hospital 2006
and explains how housing stress, social
anticipating the future and attempting to 5
Mondello et al, 2007
isolation, and lack of appropriate community McDougall, Andrew, and Gillian
shape it for the good of society…. While 6
services (including public transport, quality Savage. Dollars, Sense and Public
planning cannot and should not force
and engaging parks, and community facilities) Libraries: The Landmark Study of the
people to live differently, it can create the
in growth areas are contributing to higher Socio-economic Value of Victorian Public
conditions where more sustainable and co- Libraries. Publication. Melbourne: State
rates of reported domestic violence and
operative living is possible.9 Library of Victoria, 2011.
child protection orders. These are all health
issues that threaten Australians and cost a The reinvention of planning requires a re-
7
Australian Government Department of
Infrastructure and Transport, Walking Riding
lot more to our governments than if we had visioning within wider social policy, rather
and Access to Public Transport, Ministerial
planned better for this upfront. A number of than being left within a legislative cul de Statement 2013
studies demonstrate the economic benefits sac and purely short term “cost” focus. 8
Play England: An Economic Evaluation of Play
of providing quality community facilities and Even within terms of narrow statutory Provision. Rep. Matrix Evidence, Sept. 2010.
active urban environments: land use, planning could work better if http://www.playengland.org.uk/resources/
social outcomes were to be understood play-england-an-economic-evaluation-of-
A three year study in Victoria that shows play-provision.aspx
and factored into decision-making in
for every dollar invested in libraries, the 9
Planning out poverty: The Reinvention of
more sophisticated ways. This means
community receives triple the value. (For Social Town Planning, Town and Country
moving beyond simply assuming that all
every dollar spent on public libraries Planning Association, October 2013.
development is ‘good’, to thinking about
- approximately $185 million annually
how its benefits can be maximised for the
- the value back to the community is,
entire community n
Key Contacts
Penrith Mainstreet, Sydney ©Arup
Arup has enjoyed being part of planning for NSW.
From providing environmental planning and approvals consultancy
for North West Rail Link to advice on the urban renewal business
case for Westconnex.
Our multidisciplinary team of planners, designers and specialists
look forward to working with our clients to continue to shape a
better world in 2014.
Natasha Connolly
t. +61 2 9320 9338 e. natasha.connolly@arup.com
We shape a better world | www.arup.com
newplanner | DECEMBER 2013 | 13What Planning Achieved for Development in
2013 … so much promise …
Stephen McMahon, Inspire Urban Design + Planning
The highway was jammed with An Optimistic Start Other professional groups were less
broken heroes on a last chance 2013 did not start this way. First home eloquent. The Association of Accredited
power drive. buyers were being priced out of the long Certifiers called it a “U Turn”; while the
held dream of families owning their own Urban Development Institute of Australia
So what did planning achieve for the (UDIA) described it as a “backflip.”
development industry in 2013? With 1500 home and there was an acute housing
shortage. Our State Government had Time will tell whether the changes (if
words to consume, my immediate thoughts
been elected with a mandate for change. ever implemented) achieve the stated
turned to the injustice of not being given
Promises of change had been made. goals of the Planning Reform to inter
more space in this end of year edition of alia “reinvigorate the planning system
Planners working in the development
New Planner. to act as a positive contributor to
industry entered 2013 with great optimism
Yet, I struggled to fill Robyn’s generous that our profession was going to achieve sustainable development and growth in
allotment of journal space. Luckily, as many good things to reduce the barriers the State’s Economy.” Without doubt they
the submission deadline approached I that had held back investment in jobs and make a mockery of the comprehensive
was saved by the editorial of The Daily housing over the last decade. At worst, it consultation (900 submissions, 2000
Telegraph on October 28th. could not do anything as ruinous as when people and 70 organisations/ interest
The heading cried out “Barry – a lone voice it suffered under the ineptitude, indecision, groups) and the investigations undertaken
against Badgerys” corruption and narcissistic behaviour of by the Minister’s co-chairs of the review,
the previous Government. Former Labor Messrs Moore and Dwyer, to arrive at their
It noted that, in a rare showing of Premier Bob Carr’s obstructive statement well-considered recommendations.
bipartisan support, the communities, “Sydney is Full” was history. As NSW President Sarah Hill has said; “If
unions, big business, airlines and Federal
We had the Green Paper, the Urban the Planning Bills do not progress through
Government all supported a new airport Parliament, where does this leave NSW?”
Activation Precincts (UAPs), the draft
at Badgery’s Creek; but ‘Barry’ didn’t. I
Metro Strategy and the Transport Yet, am I being too negative? What about
was also saved by the Labor Party’s
Master Plan among others. It is a credit the UAPs? In my view the UAP process
opposition to the much watered down to Government and to the planners in is perhaps one of the best inner city
Planning Bill in its second reading in Government, that such a large amount of renewal initiatives ever to come out of
Parliament the next day. work was undertaken and completed in the Department and Government. Yet
More about these later. such a short time. The foundations had of the 8 precincts announced at the
been laid for a great contribution by our beginning of the year only one, North Ryde,
profession to delivering confidence and has progressed to rezoning and some,
certainty for planning, investment and such as the Epping Town Centre have
development by both the private and public become entombed by the vociferous (so
sectors in NSW. called) “community” objections narrowly
The Clouds Roll In represented by grey haired, Anglo, Lower
Yet as the year progressed it became North Shore Nimbyists and held hostage
apparent that, despite the good work by local government politics. Epping
to date, change was going to be slow in is a fine example of the dysfunction of
coming. local government. One side of the town
centre is home to a Council that supports
Any thoughts among planners in the the initiative, while the other side of the
development industry of Kennett (Vic) centre is home to a Council that objects
and Newman (Qld) type reforms of Local to it. Where in 2013 was local government
The residents of Badgery’s Creek: More Influential in and State Government (no matter how reform when we needed it?
Setting Planning Policy than the Planning Profession … disagreeable) and legislation, or even
apparently some simple evidence of energy and
enthusiasm so lacking in politics in NSW
As a town planner working for, and in, during the last 16 years, progressively
the development industry in NSW I was evaporated.
reminded many times during 2013, as I In September, the changes introduced to
journeyed down the State’s clogged roads the Planning Bill (and the Labor Party’s
and airports travelling from interminable opposition to what was left of the Bill) in
Council meeting to bombastic community the face of concerted attacks by some
“progress” meeting to ostentatious organised community groups would
politician’s presentation, of the famous perhaps count as the most significant
Bruce Springsteen line “ The highway disappointment of 2013.
was jammed with broken heroes on a last PIA President Kirsty Kelly summarised the
chance power drive.” situation well by saying “there are risks
I witnessed much rhetoric, but few results; inherent in groups … swaying government
so much management, but so little policy, sometimes in the absence of Epping:- a Town Divided. Residents Against, One
leadership. reasoned, researched, rational argument. Council Supports and the other Council Objects
14 | DECEMBER 2013 | newplannerYou can also read
