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December 2012
new planner
Issue No. 93
Year in Review
More on the Planning Review
Travel Planning
Conference 2012
ISSN 1324-8669 PP a233-867-00015
PIA NSW
DIRECTORY
2013
DIVISION COMMITTEE Committee Members David Seymour MPIA CPP
UrPlan Consulting
President Brian Elton MPIA
Sarah Hill MPIA Elton Consulting Gary Shiels FPIA CPP
Hill PDA GSA Planning
Marjorie Ferguson MPIA CPP
Vice President City of Canada Bay Council Ian Sinclair FPIA
David Ryan MPIA CPP Edge Land Planning
City Plan Wesley Folitarik MPIA
Goulburn Mulwaree Council Javier Valderrama MPIA
Vice President Arup
Greg Woodhams FPIA CPP Stephen Gow FPIA CPP
Willoughby City Council Armidale City Council
Vice President (Regional) Stephen O’Connor FPIA CPP CONTACTING THE COMMITTEE
Scott Anson MPIA KDC and ERM The NSW Divisional Committee
Hunter Development Corporation members are elected by the NSW
Chris Pratt FPIA CPP Membership. Their role is to represent
Immediate Past President Planning Resolutions the interests of the Members. They
Tony McNamara FPIA CPP can be contacted through the NSW
City of Canada Bay Council Harry Quartermain MPIA Divisional Office by phone or email to
URS Corp nswmanager@planning.org.au
NSW Board Member
Anthony Newland MPIA
Newland Town Planning
BBC Consulting Planners
NSW Young Planners
Traveller’s Cheque
The Planning Institute To be eligible to apply you need to be a current For full details and the entry process please visit
Student or Graduate Member of the NSW the PIA NSW Young Planners page http://www.
of Australia NSW Young Division of the Planning Institute of Australia (A planning.org.au/nswcontent/young-planners
young planner is defined as a student or graduate
Planners (PIA NSWYPs) and
of a planning or planning related degree, or a Submissions must reach the
BBC Consulting Planners corporate member of PIA with no more than five
PIA NSW Executive Officer by
(5) years experience since graduating).
are offering a $2,500 Young Monday 4 February 2013.
A number of conferences potentially of relevance
Planner financial assistance to your professional development and which will Inquiries should be directed to the NSW
enable you to contribute to the planning debate Executive Officer on 02 8904 1011 or email
Traveller’s Cheque for a PIA in NSW have been identified. You are welcome nswmanager@planning.org.au
NSW Young Planner to attend to select another conference however you must
be able to provide evidence of its relevance to
one international planning urban and regional planning.
conference in 2013.
Contents
This issue
Issue 83
contents
Guest Editorial - Andrew Wheeler, International Snippets 19
Nicole Philps and Brigitte Buchholz 4
Rough waters for sea level rise 20
President’s Message 5
Healthy Built Environments 21
Executive Officer’s Report 6
NSW Consulting Planners 22
Planning Perspectives 7
Inbox 24
Norton Rose Review 8
NSW RTPI Branch 25
Infrastructure Matters 9
Opinion: The State Government’s
Queensland’s Code Assessment System 10 engagement challenge 26
What they are saying - opinions on the In the Courts 27
NSW Green Paper 13
BasePlan 28
The brave new world of travel planning 14
In the news 30
A balancing act: PIA NSW State
Conference 2012 16 Snapped 31
A Balancing Act on tour 18
Editorial Team
Brigitte Buchholz
Nicole Philps
Andrew Wheeler
Each quarter New Planner invites a Guest Editor to
comment on the theme of that issue.
Editorial
NSW Executive Officer Contributors
PO Box 484, North Sydney NSW 2059 Deadline for March 2013 edition is:
Suite 3, 221 Miller St, North Sydney NSW 2060 Friday 1 February 2013. The theme for March 2013 is
Tel: 02 8904 1011 Fax: 02 8904 1133 “Getting the balance right: our natural assets”.
Email: nswmanager@planning.org.au Email: nswmanager@planning.org.au
Design and Production
The views expressed in New Planner Nationwide Advertising Group
are those of the authors and do not Tel: 02 9955 4777 Fax 02 9955 7055
necessarily reflect the views of the Email: rguy@npadvert.com.au
Planning Institute of Australia. Cover Photos: Jackson Rafferty, JRP
The Glasshouse, Port Macquarie,
NSW State Conference 2012
Subscriptions 2013
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
newplanner | DECEMBER 2012 | 3
Editorial
Andrew Wheeler, Nicole Philps and Brigitte Buchholz Guest Editorial
Perhaps the major NSW planning event for across the Industry and the community.
2012 was the release of the Government’s They also demonstrated the very personal
Green Paper, A New Planning System for and emotional responses planning issues
NSW. The paper outlines key planning can generate. As the Minister stated
reforms, and has moved us a step closer many times at the workshop, the planning
to a White Paper and new Planning Act. reform process is a learning curve and the
Debate on the Green Paper has been robust Government still has a long way to go as
and wide-ranging. In this Issue, we bring it responds to the volume of submissions
Welcome to the final Issue of New Planner together opinions on the paper from key received on the Green Paper. Delivering a
for 2012. It has been another busy year industry bodies, including the National comprehensive and robust planning system
in the world of planning, and in this Issue Trust of Australia, the Australian Institute is a challenging task and, for now, we must
you’ll find pieces on the recent PIA NSW of Architects and the Australian Institute of put aside any residual cynicism, remain
Urban Studies (NSW Division). positive about the review process, and work
State Conference, the NSW Planning
Scot Brown and Chris Bain, two former together in our efforts to further planning
System Review, Code assessment, local as a profession and enhance its potential to
infrastructure funding and more. Queensland planners now working in NSW,
discuss one of the Green Paper’s most topical contribute to the future of our great State.
Your guest editors this quarter are New issues – Code assessment – and ask what What’s on the cards for New Planner in 2013,
Planner’s own editorial team: Andrew we can learn from the current Queensland you may well ask? We’ll, we’re hard at work
Wheeler, Nicole Philps and Brigitte Buchholz. Planning System. They outline how Code developing four engaging Issues around
Andrew is a Researcher at the Faculty of assessment can be used in a strategic the following themes: ‘Getting the balance
the Built Environment, UNSW; Nicole is an planning context to deliver better development right’ (March), ‘The value of planning’ (June),
Environmental Planner at SMEC Australia; outcomes for both the community and the ‘Adding up the numbers’ (September) and
and Brigitte is an Urban Designer at Arup. development industry. At the same time, ‘The year in review’ (December). As always, we
The team has been working behind the they identify common pitfalls and offer welcome articles, opinion pieces, letters and
scenes this year to bring you a new and practical suggestions on implementing Code other contributions from our readers. If you’re
improved journal. Like all publications, New assessment to ensure it is accepted in NSW as interested, you can visit the PIA NSW website to
Planner must evolve if it hopes to remain part of a new-look system. download the 2013 guidelines for contributors,
relevant and continue to serve as an effective and add your voice to the discussion on all
forum for news, knowledge and the exchange So, where to from here for planning in
NSW? At the recent White Paper workshop things planning. To all our readers, we thank
of ideas. To achieve this, increased interaction you for supporting New Planner over the
between the Journal and its readers is hosted by the Department of Planning,
the comments and questions from a course of the year, and hope you have an
essential. So we would encourage you all to enjoyable and relaxing Festive Season.
send us your feedback and ideas via Robyn very energetic audience reflected an
Vincin at nswmanager@planning.org.au. encouraging level of interest in planning Andrew, Nicole and Brigitte
4 | SEPTEMBER 2012 | newplanner
President’s message
Sarah Hill, President PIA NSW Division
Cultural change in planning: Address to Local Government Association Conference Dubbo
editorial
PIA started to review the matter of cultural that must start with the planning
change in the profession in 2011. To better profession - but it will not all be about
understand the core issues we held a the planning profession. It will be about
series of engagement events, research a shared responsibility that needs a
studies and interviews to better understand whole of government approach with local
the existing culture and its challenges. government playing a critical role.
We engaged with a broad range of Accordingly PIA NSW has been working
stakeholders including developers, with local government to start changing
academics, local and state government planning culture in a variety of ways. For
I was recently asked to open the Local planners and non-planners. local government this has meant:
Government Association Conference The engagement revealed: 1. A focus on the skills of planners and
in Dubbo as a double act with the • A general consensus that the planning opportunities to continue professional
NSW Minister for Planning and system had lost its vision and focus on development so as to develop and / or
Infrastructure. I saw this event as a strategic planning; fine tune our strengths in community
great opportunity to present one of • The planning system was overly engagement, mediation, urban design and
PIA NSW’s key policies and objectives bureaucratic, defensive, slow to our appreciation of development economics;
respond, litigious, risk averse and 2. A focus on the mentoring and support of
– cultural change in planning.
unpredictable in its outcomes; our young planners through programs
The conference also presented an such as PIA’s Mentoring Program;
• The current system created a
opportunity to help the predominantly 3. The development of ideas such as KPI’s
‘silo mentality’ that did not enable
Mayor / Councilor / General Manager for planning staff related to cultural
coordinated and efficient resource
audience to better understand the good change initiatives and practice as well as
provision or development; and
will of PIA’s local government members the creation of core values that support
• The current planning system lacked
and their aim to start creating a fresh and positive culture (as has been put in place
leadership.
positive foundation for the new planning by Councils such as Warringah and
system through changes to our culture. Consultation with the broader community and Kogarah Councils);
individuals identified that the current system 4. Means by which to better engage with
In light of the importance of this issue, and in
was overly complex, intimidating and lacking the community and importantly educate
support of our local government members, I
in transparency. Accordingly there was a clear the community as to the value they
thought that I would share with you some of
culture of mistrust and uncertainty. may find in engaging with us to develop
the main aspects of my address.
As a result, over time the planning system strategic plans;
“One of the five cornerstones of the Green
has been seen as the problem, rather 5. Means by which to celebrate positive
Paper is ‘Delivery Culture’ – otherwise
than the solution. This has resulted from, development outcomes that have been
referred to by PIA NSW as Cultural Change
and continues to result in, the erosion achieved by planners and what they have
in Planning. Irrespective of what you call it,
of planning skills, experienced staff and done to improve their local communities;
the cultural aspects of the Green Paper act
morale as well as capacity. and
as its glue and should aspire to permeate
through all that we do in the new NSW What does as Good Planning Culture 6. The investigation of resources and services,
Planning System. look like? such as the UK Planning Advisory Service.
Importantly our members have told us This service “promotes a culture of self-
PIA NSW believes that improvements to our sustaining change and learning” in local
current culture will be the key to changing that it is not all doom and gloom. They told
us that a good planning system could be government through the provision of best
the factors discussed in the Green Paper practice case studies, workshops, seminars
from a new system to a great system. That created that:
and guidance notes, online and interactive
is one that will be talked about and will enabled planners to do what they forums and the provision of tailored advice
attract people from across the Country to became planners to do – to work with the for major projects.
come to New South Wales and learn from community to create a vision – a plan;
us with respect to what we did to achieve Having spent half of my working life as a local
worked with other professionals at the government planner, I firmly believe that local
real and positive outcomes. local and state government levels to government plays a pivotal role in shaping
A new planning culture for NSW will enable efficiently find solutions; our communities and enhancing the planning
a fresh approach and attitude to how we that did not live in fear of ICAC or undue system through positive cultural change.
plan and work with stakeholders so as to reprimand from political leaders; and
create a more successful planning system. Local government cannot do this alone
that had strong leaders who protected however and will require genuine support
In this regard, I reference the UK the public interest but did not give undue and partnership across the profession, State
Department of Community and Local weight to the loudest minority. Government and development industry to set
Government’s approach to changing a new foundation. This foundation can start
planning culture and their recognition that What does this Mean for Local
Government? to be created now so that the introduction of
“Planning is a vehicle which cannot be fixed the new planning system can become more
by only looking at the engine. You need to Well now I am not going to sugar-coat this than an act, but rather a new way of working
change the way the machine is driven”. 1 – changing the culture of the planning and together to achieve outcomes.”
development industry will be the single
The Case for Change most difficult challenge we face - but it will
1
Culture Change and Planning, Literature Review;
Spatial plans in Practice: Supporting the Reform of
So why do we need a fresh approach and a be the single most important. Local Planning, Communities and Local Government,
more successful planning system? It will need to be a multi layered approach London 2006
newplanner | SEPTEMBER 2012 | 5
Executive Officer’s report
Robyn Vincin, PIA NSW Executive Officer
time and their local knowledge. Those Thank you to the Young Planners
of you who attended will appreciate the Committee for their energy and
work that went in to delivering the half day enthusiasm; to the Awards judging
tours. panel; our Formal committees including
the Policy Committee and Education
I would also like to acknowledge, on your committee, the NSW Divisional Committee
behalf, the Representatives on ongoing and Executive Committee.
committees including the Heritage
Council, L and E Court User Group, Special thanks goes to David Ryan and the
National Parks Advisory Council, to name Planning Law Group of Andrew Duggan,
In this final a issue for the year
a few. Michael Mantei and Mark Shanahan who
I would like to acknowledge the have led the preparation of submissions
contributions our Members have PIA NSW is also represented on an on the planning review; to Sarah Hill who
increasing number of working groups
made in many ways during the such as the Complying Development Code
has driven the culture reform agenda with
year. The real strength of PIA is the the Cultural Change Working group, Greg
review a number of workshops on the Woodhams who has steered the Policy
expertise and experience of our current Planning Review. Committee and the policy agenda; our
members and their willingness to Thank you to our New Planner Editorial past Presidents Tony McNamara, Anthony
contribute and participate in team who are bringing a fresh approach Newland and Julie Bindon who continue
many ways. to this important Member communication; to share their knowledge and their
we look forward to receiving your commitment to PIA.
The following list is an indication of just
contributions and your feedback. Thank you to the Divisional Committee
how many Members are working for you in
so many ways. If you would like to be more Thank you to our sponsors and advertisers members who finished their terms this
actively involved, please contact our Office whose support ensures we can continue year David Wilson, Colin Henson, Eugene
or one of your Divisional representatives. to deliver products and services; these Sarich, Aoife Wynter, Diana Griffiths, Paul
partnerships ensure we can deliver a Mitchell, Diana Banjanin, David Christy
The recent conference held in Port and Jo Dunkerley, Micheline Lane,
program of activities in the most cost
Macquarie is testament to this. It takes
effective way. To all our Members - 2013 will be a big
the best part of twelve months to put
our annual conferences together and 2012 has seen a reenergised regional year for the profession and there are
I’d like to acknowledge the work of engagement and the Branch Convenors always plenty of opportunities for you to
the local conference committee; for and Committees are to be thanked for be part of the change process.
their enthusiasm and in particular in their efforts. Our Networks and Chapters Best wishes for a safe holiday n
contributing local knowledge to the tours continue to provide expert knowledge to
and general conference organisation. inform our submissions and to represent
Thank you to the tour organisers and us at a range of forums and Parliamentary
presenters who gave so readily of their hearings.
nortonrose.com
Norton Rose Australia Law Firm of the Year –
NSW Environment & Planning team The Lawyer Awards 2011
Jacinta Studdert Peter Rigg Felicity Rourke
Partner Partner Partner
Tel +61 2 9330 8500 Tel +61 2 9330 8502 Tel +61 2 9330 8665
jacinta.studdert@nortonrose.com peter.rigg@nortonrose.com felicity.rourke@nortonrose.com
NR11555
6 | DECEMBER 2012 | newplanner
Planning Perspectives –
Major Plans in 2012
Steve O’Connor, KDC and ERM Australia
review
Looking back at 2012 there are two
major planning exercises worth
commenting on, neither of which
I suspect had a great deal of input
from planners. The first is the State
Plan 2021 which was released earlier
in the year. The second is the State
Infrastructure Strategy (SIS) which was
only recently released.
State Plan 2021 the State government, will see $30 billion Of particular interest is the way in which the
The State Plan contains 32 goals and is a invested over the next two decades outside State’s economy is expected to change over
10 year plan for NSW which seeks to guide of existing government commitments. the timeframe of the strategy. Industry is
policy and budget decision making. It was The average annual capital expenditure expected to decline from making up 23% of
not surprising therefore that it was released of the NSW government is $15 billion, so the State’s economy down to 21% whereas
by the Premier at the time of the State this represents a significant increase in the Services sector is expected to increase
Budget. Perhaps the goal of most interest expenditure over this time. from 75% to 77%. Agriculture is expected to
to planners is Goal 29 which aims to restore stay steady at just 2%.
confidence and integrity in the planning Economic Projections The other key thing to note from the
system. One of the Priority Actions within The SIS draws upon information from a economic analysis is the increase in the
Goal 29 is to develop a new planning system number of sources including specialist dependency rate (defined as the population
for introduction to Parliament by November studies commissioned by Infrastructure NSW over 65 years as a percentage of the working
2012. (INSW) to assist in the preparation of the aged population) which will rise from 20.9%
While the White Paper is due to be released strategy. Amongst these specialist studies is to 35%. The ageing of the population is
by this deadline the introduction of draft an economic analysis prepared by Deloitte largely responsible for this increase.
legislation in Parliament is still likely to be Access Economics. According to Deloitte
between 2011 and 2032 the population of NSW Conclusions
many months away.
is expected to grow by 2 million (from 7.2 to 9.2 The Coalition government has in the first
State Infrastructure Strategy million) and Sydney’s population is expected eighteen months of its term of office released
to grow by 1.7 million (from 4.3 to 6 million). In two major plans which will have a significant
The SIS has a 20 year horizon from 2011- other words most of the population growth will role to play in guiding the future growth of
12 to 2031 – 32. It seeks to establish be concentrated in the State’s capital. NSW. Revisions to existing Regional Strategies
strategic priorities for infrastructure in NSW. which are underway along the NSW coastline
Between 2006 and 2011 $70 billion worth Not surprisingly much of the infrastructure
proposed in the SIS is focused on Sydney. There will have to take heed of both these plans
of infrastructure was constructed in NSW. as planners seek to integrate the State Plan
This was a step change compared to just $35 is also investment planned for upgrading the
coal chain in the Hunter Valley as coal is the and the SIS into land use planning strategies.
billion in the previous five years. INSW’s reliance on robust economic analysis
number one export product within NSW. The
The SIS establishes a program for investment Port of Newcastle is an important part of the in the preparation of the SIS adds legitimacy to
in infrastructure which, if it is adopted by coal chain as illustrated in the photograph. the plan making process it undertook n
newplanner | DECEMBER 2012 | 7
Norton Rose Review
Court confirms distinction between a use preserved under “existing use” rights and a use
preserved under an operative development consent
Jacinta Studdert Partner, Felicity Rourke Partner, Rosemary Bullmore Associate, Environment and Planning
Group, Norton Rose Australia
Jacinta Studdert Peter Rigg Felicity Rourke
It is well known that the law of However, an existing use right is lost if, as Justice Craig found that:
existing use rights is complex and in this case, it is abandoned. An existing
use is presumed to be abandoned if that 1. the existing use rights derived from the
has been the subject of numerous use is discontinued for a continuous use of the manufacture of detergents
proceedings in the Courts. period of 12 months. The presumption of and warehousing of restaurant supplies
abandonment can be rebutted in certain had been abandoned as the site had not
In a recent decision, Cracknell & Lonergan been used in that way for over five years,
Architects Pty Ltd v Leichardt Municipal circumstances.
and the owner of the site did not intend
Council [2012] NSWLEC 194, the Land Where existing use rights apply, the EP&A to continue that use;
and Environment Court of New South Act and Environmental Planning and
Wales (Court) confirmed the narrow Assessment Regulations 2000 establish a 2. that use was therefore not an “existing
circumstances in which existing use mechanism which allows for the existing use” within the meaning of s106,
rights can be relied upon as a basis for use to be changed, enlarged, expanded or and as such it could not engage the
consent to change, expand or intensify a intensified with development consent. mechanism in the EP&A Act which
use which is prohibited under the relevant provides for enlargement, expansion or
environmental planning instruments. The facts intensification of an existing use; and
accordingly
The case confirms that while the The Applicant sought consent to demolish
Environmental Planning and Assessment an existing factory/warehouse building and 3. the 1985 consent remained operative
Act 1979 (EP&A Act) preserves or protects to replace it with a two storey residential and development could be carried out in
a consent-based use, such a use does not flat building. The Applicant claimed that accordance with that consent, however
necessarily equate to an “existing use”. As existing use rights applied and therefore the entitlements of that use were limited
a result, any consent-based use which has that non-conforming development could be to the terms of the 1985 consent.
lost “existing use” status may be carried approved by the Court.
Implications
out in accordance with the consent but will Existing use rights were said to derive
not attract the mechanism in the EP&A from a development consent for the use This case serves as cautionary tale for
Act which provides for the enlargement, of the manufacture of detergents and councils and developers when considering
expansion or intensification of that use. In warehousing of restaurant supplies, redevelopment in reliance upon what is
this case, existing use rights were held granted in 1985 (1985 Consent). However, claimed to be existing use rights. Careful
to have been abandoned and accordingly after January 2007 this use was attention needs to be given to the question
while the use could continue in accordance discontinued. It was common ground that whether the use of the site is indeed
with the preserved consent, it could not be this use had been abandoned as it had an “existing use” within the meaning of
redeveloped in reliance upon the existing ceased for more than 12 months and there section 106 of the EP&A Act, or whether
use rights mechanism in the EP&A Act. was no intention to resume that use. It the available rights to use a site are
was accepted by the parties that the 1985 confined to those covered by an earlier
What is an “existing use”? development consent.
Consent remained an operative consent.
An “existing use” is relevantly defined in The Court has confirmed the position that a
section 106 of the EP&A Act as: Court’s findings
use based on a preserved consent may be
1. a building, work or land for which Justice Craig confirmed the distinction carried out in accordance with the terms
development consent was granted between uses which are preserved under of that consent, even if the use has been
before the commencement of an existing use rights (contained in sections discontinued for a period of time. However,
environmental planning instrument 106, 107 and 108 of the EP&A Act) and uses if that use is not also an “existing use” it
which had the effect of prohibiting that which are preserved under an operative will not be able to attract the mechanism
use; and consent (contained in section 109B of the under the EP&A Act which allows for the
EP&A Act). enlargement, expansion or intensification
2. which had been commenced within one of an existing use.
year of the date of that environmental
planning instrument coming into effect.
8 | DECEMBER 2012 | newplanner
Infrastructure Matters
Greg New, Director, GLN Planning
review
State and Commonwealth funding projects with a total cost of $430 million government in linking infrastructure
of local infrastructure welcome… were approved for 63 councils, including investment to stimulating economic
17 Sydney metropolitan councils. The development, particularly in investment
but will it kick-start housing? second round program is offering loan designed to rebuild private sector
Both the Commonwealth and NSW subsidies totalling $100 million, and confidence and generate new housing
Governments have in recent times is expected to unlock around $700 development.
announced funding programs to assist million in infrastructure projects. An
interesting feature of the latest program The programs provide recognition
NSW councils deliver local and regional
is that projects will be considered that traditional funding sources (such
infrastructure for their communities.
that are essential for new housing as rates and developer charges) are
The programs address the capital costs
development to occur. Under the inadequate or insufficient in delivering
of many facilities that local councils
scheme rules, ‘enabling infrastructure’ the services and facilities that are
provide, but are primarily focused on
is infrastructure which is the applicant expected in modern communities. It
essential infrastructure such as water,
council’s responsibility to provide, and is likely that complementary funding
sewer, drains and roads. Regional area
which is essential for new housing schemes of these types will continue
councils appear to have been the ones
development to occur, i.e. it is confined to be needed in the future, while ever
so far that have benefited significantly
to roads; stormwater; and (for some, housing starts remain low and economic
from these funding initiatives.
mainly regional, councils) water supply stimulus for housing is a priority.
The Commonwealth programs are and sewerage. Many of the programs are focused
grants for economic and social
Other State funding programs include on bringing forward development-
infrastructure in regional areas of
the Urban Activation Precincts (UAPs) enabling projects, and it is hoped
Australia.
program and Housing Acceleration that these moves will be sufficient to
Under the Building Better Regional Fund. convince developers to bring forward
Cities (BBRC) latest round, grants projects in the benefitting areas. The
totalling $112 million were announced in The Government has committed funding initiatives sound impressive,
June of this year for local infrastructure $50 million for the provision of local but their impact on stimulating housing
across the country, with $68 million infrastructure in yet-to-announced UAP construction may take some time to be
of this going to projects in 10 NSW growth areas (likely to be focused in noticed.
regional LGAs. The projects included metro areas). The Housing Acceleration
Fund is targeting the provision of The LIRS already appears to have
sports fields, roads and intersections,
State infrastructure that enables been particularly useful in modifying
and water and sewer works. Under the
housing development to occur. Up to the pervading anti-borrowing culture
Regional Development Australia Fund
$500 million will be provided for an of local councils, even when that
(RDAF) latest round, some $66 million
accelerated start on a list of 10 State borrowing is to facilitate capital
in grants were provided to NSW regional
infrastructure projects that were projects that lead to flow-on economic
LGAs for projects also focused on
selected by the Cabinet Taskforce on development. One criticism of the
enabling development such as sporting
Housing Supply in housing growth areas program that has been expressed to me
precincts, tourism infrastructure,
in Sydney, the Illawarra, Wyong and is that the subsidy (which for the new
cultural and event complexes, and
Port Macquarie. The nominated projects round is being reduced from 4% to 3%)
transport infrastructure.
focus on water and sewer headworks is not enough and the Government could
The State programs have become more and State roads. guarantee a greater amount. Also, NSW
focused on infrastructure that enables regional cities have been particularly
new development to take place. The State Government has also well supported by the various funding
announced that funding of the gap for programs, but Governments also need
The Local Infrastructure Renewal essential infrastructure costs above to provide more funds for metropolitan
Scheme (LIRS) is an interest subsidy the section 94 contribution cap will areas - locations that are intended to
provided to councils who take out loans continue. This program appears to provide the bulk of the extra population
to bring forward infrastructure projects continue the Priority Infrastructure Fund that NSW will accommodate in the
that would otherwise occur much which ceased in June, although at the future. n
later or be put off indefinitely. The first time of writing no submission guidelines
round of subsidies – which provided to about the continuing program had been
councils the first 4% of their borrowing provided.
costs - focused entirely on addressing
infrastructure backlogs. In that round, These funding programs continue the
loan subsidies for infrastructure intervention of the higher levels of
newplanner | DECEMBER 2012 | 9
Queensland’s Code Assessment System:
some strategic planning lessons for New South Wales
Scot Brown and Chris Bain JBA
A key feature of the NSW Government’s
recently released Green Paper is the
concept of Code assessment. Code
assessment promises to deliver
streamlined development assessment.
However, how does it work in a
strategic planning context? The answer
to this question lies in part to our north,
with Code assessment having now been
a dominant feature of the Queensland
planning system for close to 15 years.
So pervasive is Code assessment in
Queensland, in the 2010/2011 financial year,
over 80% of all development applications
made in high growth council areas (eg
Brisbane, Gold Coast) were Code assessable
(Growth Management Queensland, 2011).
Figure 2: Code assessment has been applied to large developments in the Brisbane CBD. This Meriton
development was assessed and approved under the Code assessment system (Source: Meriton)
it is deemed to be approved, with standard, is a powerful tool to either encourage or
basic conditions attached to the approval. discourage types of development, and therefore
Figure 1: In the 2010/2011 financial year, over achieve the outcomes a council wants.
Contrary to some beliefs, Code assessment
80% of all development applications made in high does not result in a less rigorous assessment For example, if an applicant proposes the
growth council areas were Code assessable process. It is not the equivalent of NSW’s right use, in the right form and in the right
Exempt and Complying Development location, it can be made Code assessable
Critically, unlike NSW’s Exempt and Complying framework, and is not merely a ‘tick the box’ by a planning scheme. Essentially uses that
Development framework, Code assessment has process. Assessment of matters ranging from comply with key quantitative standards such
been applied to major forms of development, those that can be readily quantified such as as FSR and height are Code assessable.
including high-rise, mixed use development, FSR and height, as well as those than cannot The reverse is also applicable, with non-
and is a dominant feature of the assessment be readily quantified, such as building design compliance with either FSR or height making
landscape in key precincts throughout the State, and architectural merit, can be properly the development Impact assessable, which
including CBD and inner-city Brisbane. assessed through Code assessment. attracts a whole different suite of more
What is Code assessment? stringent assessment parameters.
It can also be tailored to specific precincts,
In Queensland, Code assessment is a process enabling a range of different outcomes In Queensland, Code assessment has
for the assessment and determination according to different context. For example, frequently been used to promote growth,
of development applications. The main it can promote high density growth in one with growth areas such as centres and
objective of Code assessment is to streamline precinct, or the preservation of streetscape renewal corridors having many types of
development assessment. It achieves this character in other areas. development subject to Code assessment.
objective through a number of key attributes: This directs growth to targeted areas.
These outcomes are enabled by the State’s
• no public notification1; Sustainable Planning Act 2009, which Contract with the community
establishes performance based planning as
• no third party appeal rights; It must be cautioned that Code assessment
the main planning paradigm and enables the
• assessment against pre-identified and structuring of planning schemes to require should not simply be applied without first
specific standards, called Codes; and Code assessable applications be assessed having in place a number of key pre-requisites.
• specific and short assessment and against both prescriptive and performance Critical to enabling Code assessment is
decision timeframes. based standards. the establishment and commitment to the
Code assessment also has an approval Some Key Concepts concept of a ‘contract with the community’.
bias. This means that a Code assessable Incentivising and directing development Essentially, as part of meaningful
development application must be approved engagement with the community in preparing
Developers have a strong preference for a planning scheme, desirable locations for
if it achieves the intent of the relevant
Code assessment, as they see it as a less development and types of development are
Codes. If the application is not decided by
risky prospective compared to the alternative identified. These are then included in the
the assessment manager, which is usually
of Impact assessment. On this basis, in a planning scheme. Should an applicant then
a Council, within the specified timeframe,
strategic planning context Code assessment come along after the adoption of the planning
10 | DECEMBER 2012 | newplannerscheme and propose development that is practice using conventional methods, the framework will need to be facilitated by
consistent with these key parameters, Code community is not always so easy to engage, legislation, meaningful engagement and
assessment should apply. There is no need to particularly groups such as young persons. rigorous technical investigations undertaken
re-litigate development parameters through and the planning superstructure set up and
the development assessment process as Community awareness implemented by experienced practitioners.
the community has already ‘signed off’ on
feature
Essentially, Code assessment should
accepting such an outcome. Due to engagement difficulty, the first time
be done well from the start if it is to be
some people either hear about a proposal,
However, if a proposal does not comply with accepted in NSW. The benefits and risks of
or when they fully understand a proposal, is
these key parameters, it should be subject this trial can then be observed to ensure
when they are made aware of it be concerned
to Impact assessment. Impact assessment that Code assessment achieves the stated
neighbours or even when demolition starts.
is appropriate as the proposal is inconsistent To tackle this, considerable thought needs aims of the Green Paper.
with the community’s expectations for to go into designing and executing effective The planning superstructure must
future development in their community, and and meaningful community engagement in encourage appropriate outcomes by
consequently they should be afforded the the plan making process. Even still, there ensuring non-compliance attracts a
opportunity to be made aware of the proposal remains a risk that some people will still not different, higher level of assessment.
and potentially take a decision to court in the engage until it is too late.
form of a third party appeal. The basic thrust Finally, it is suggested that consent authorities
of this is similar to what is proposed for NSW Community opposition be trained and resourced sufficiently to
under the Green Paper. handle code assessment. Coupled with
In Queensland, some parts of the community this is the education of communities about
It must be underlined that for this system have rallied against Code assessment Code assessment, in particular how to get
to work, community engagement needs to as reduction in their democratic rights to involved, and the benefits of getting involved,
have been undertaken in a meaningful way, participate in matters that affect them, namely in strategic planning.
with all members of the community having development. This should be expected, and
been afforded the opportunity to participate needs to be anticipated and addressed when Conclusion
right from the start of the strategic planning considering implementing Code assessment
process in ways that are appropriate for as part of a planning framework. Code assessment is s positive move. However,
them. Otherwise, the validity, perceived or the decision to make Code assessment part
otherwise of the planning controls upon which Skill of the practitioner of a planning framework needs to be made
Code assessment and the contract with the in conjunction with careful consideration of
community is based, are jeopardised, and the For code assessment to work optimally, the benefits and risks. Critically, a number
community will rally against implementation corresponding prescriptive standards need to of key pre-requisites need to exist before
of the planning scheme. be developed for each performance standard. Code assessment can be successfully
This is relatively easy for some matters. implemented, including a commitment to
Comprehensive, up-front investigation and For example, for building bulk and scale,
resolution of key technical issues must meaningful community engagement and
quantitative standards relating to height, FSR
also be undertaken before applying Code thorough strategic planning. There is a role
and setbacks can be specified. However,
assessment. For example, shadow diagrams for Code assessment, but Code assessment
some other matters, such as neighbourhood
can be useful in determining maximum height is not necessarily right for all communities.
character and building design, do not lend
parameters in a planning scheme. On this Code assessment works best where there is
themselves so easily to such quantification.
basis, it would also make it unreasonable for a In these situations, there is a broad range a growth mandate, and where the community
compliant development to go through the time of solutions that can potentially achieve the understands this mandate. Therefore, the
and cost expense of preparing and submitting performance standard. Consequently, when decision to deploy Code assessment is
shadow diagrams as part of the development considering these matters, there is potential ultimately one of achieving a balance between
assessment process, as the impacts of such for protracted discourse and negotiation complex and at times competing objectives.
as height are already known and determined between the assessment manager and 1
Except for limited circumstances in parts of
to be acceptable. the applicant, which flies in the face of the Brisbane City under the Code – Notifiable process
Lessons for New South Wales efficiency mantra of Code assessment. The
solution to a large degree relies on the skill This paper was prepared by Scot Brown and
The Queensland experience of Code Chris Bain from JBA and is a condensed version
of the planner when developing codes, as
of a presentation delivered at the 2012 NSW PIA
assessment has shown that it can be well as when implementing the codes. conference. Scot Brown has over 20-years planning
successfully applied to a broad range of experience in New South Wales and Queensland,
development, including major development, to Some Suggestions and has worked extensively in preparing
deliver a number of positive process outcomes. development applications under Queensland’s
Based on Queensland experience and the code assessment system. Chris Bain has 12 years
These benefits include: sensitivities of many NSW communities, it planning experience in New South Wales and
• shorter timeframes; is recommended that Code assessment Queensland, having worked in senior roles with the
• reduced costs; be initially trialled in carefully selected Brisbane City Council leading teams responsible
• increased certainty of outcomes; precincts that have a growth emphasis. for high profile and large scale local area planning
• clearer process; and The development of a code assessment projects.
• refocus on strategic planning and major
DAs.
However, from a strategic planning
perspective, Code assessment is not
Smyth Planning
without some level of risk. Planning and development; heritage, statutory and environmental planning;
planning appeals; reviews of administration and management of planning.
Engagement difficulty
Richard Smyth BSc(Econ) (Hons), DipTP, FPIA, MIEA, MICE
Code assessment works fine in theory. Meg Levy BUrb, Reg Plg, Dip Local App History, MPIA
Engage the community up-front in the Debrah Silver B.Science (Geog) Dip Urban & Reg Plg MPIA CPP
planning process where they have ample Carlo Di Giulio BTP (UNSW), MUDD (UNSW), Cert IV: Resid. Studies (SWSIT)
opportunity to shape outcomes, and let
Suite 67, Level 4, 330 Wattle Street ULTIMO NSW 2007
the subsequent development assessment T: (02) 9211 3366 F: (02) 9211 8081
go through without the need for further Email: rm@smythplan.com
engagement. Makes sense. However, in
newplanner | DECEMBER 2012 | 11Comprehensive
Environmental
Assessment
& Management
www.traversecology.com.au
38A The Avenue
Phone: (02) 4340 5331 PO Box 7138
Mt Penang Parklands
12 | DECEMBER 2012 | newplanner Fax: (02) 4340 2151 Kariong NSW 2250
Kariong NSW 2250What they are saying – opinions on the NSW
Green Paper
feature
Compiled by the New Planner editorial team
?
As the NSW Planning Review moves from discussions on the Green Paper to waiting for the
White Paper, we thought it would be of interest to canvas the opinions of some other industry
bodies as to their opinions on the Green Paper. New Planner contacted several key industry
bodies and asked them the question: “What is your opinion of the Green Paper and the future for
planning in NSW”. Here are the responses we received:
The National Trust of Australia (NSW) The Australian Institute of Architects Australian Institute of Urban Studies
The National Trust of Australia (NSW) (NSW) NSW Division
submission is entitled The Space Between The Australian Institute of Architects AIUS held a seminar on the Green
the Notes. Policy is like music. Claude welcomes the changes proposed in the Paper in September. A range of views
Debussy said “you play the space between NSW Government’s planning green paper was presented ranging from resident
the notes.” as they are in line with the new focus on action group Save Our Suburbs to local
The Green Paper appears to play two songs strategic planning that the Institute has councillors to development industry
simultaneously. One is named Certainty been advocating for some years. representatives. In general terms, the
while the other is called Flexibility. Green Paper was supported, especially
The green paper emphasises the importance
in those areas where simplification of
Proposals for a strategic emphasis, expert of deciding development controls and
the development approvals system was
assessment, economically testing regional standards with close community involvement
proposed. Strategic planning, as the major
plans, a single document of controls and through a strategic design and planning
focus of the Paper, was welcomed by all
a single assessment stream leading to process. We need to encourage community
participants but great concern was voiced
a single decision commendably offer a input at the front end of the development
about resources needed to implement the
degree of certainty. Notwithstanding, the process – the plan making - and away from
system. PIA has voiced concerns about
Green Paper’s language extends the notion the back end – the project approvals – where
the national shortage of urban planners
of certainty a little too far by consistently currently so much time and effort are
for many years. The number of planners
referring to approvals rather than focused and much conflict occurs.
required to produce the three layers of
determinations. Architects, their clients and our strategic plan proposed – regional, sub-
Alternatively, the flexibility tune is a communities will all benefit from clearer regional and local – may be well beyond
seemingly contradictory improvisation. expectations for development. This will the total number of planners available.
The proposed combination of strategic lead to fewer objections when design (Older members should definitely postpone
compliance, an amber light approach and proposals match these expectations. retirement!)
development guidelines will make it almost This is a major change in how design and Participants also recognised that the
impossible to refuse an application. The development will operate in New South Green Paper was biased to facilitating
purpose of the planning system is to apply Wales. The Institute considers that complying development, not unreasonable in the
sufficient regulatory controls to balance projects involving architects should be given current circumstances. However, the
the impulses of the free market with the the highest priority in the new system. This focus on community engagement was
interests of the public good. would be a logical extension to the use of seen as well intentioned but perhaps hard
The Green Paper emphasises expedience architects for SEPP65 projects, which has to achieve. It will require the clever use of
over excellence and risks market failure improved the design quality and amenity of the range of modern technologies to swing
where the full benefits or costs to society apartment buildings across the state. community involvement from being DA
of an activity are not accounted for. If focused to being strategically directed.
The shift in focus from development
not corrected, the new planning system assessment to strategic planning will require The only formal policy of the Institute
for NSW will be a most discordant skilled people who can apply design thinking adopted (previously) has been a call for the
performance. at the strategic scale of the city and the sub- establishment of a metropolitan planning
By Scott N Woodcock region. The Australian Institute of Architects commission to guide Sydney’s development
Director, Conservation & Enterprise is keen to work with the Planning Institute in a strategic manner.
of Australia to produce a generation of
By Michael Neustein
architects and planners with these skills.
Vice Chairman NSW Division
Funding, resources and time will be needed
to successfully make the transition from the
present planning system to the new one.
These transitional arrangements will be
critical to the new scheme’s success.
By Matthew Pullinger
NSW Chapter President
newplanner | DECEMBER 2012 | 13The brave new world of Travel Planning
Dr Michelle Zeibots, Research Principal, Institute for Sustainable Futures, University of Technology Sydney
It’s been largely ignored by transport of the political maze around resident
bureaucracies in Australia. Why is opposition to large scale urban renewal
projects. But let’s not get ahead of
unclear. Maybe it’s because it deals ourselves just yet.
with small details rather than multi-
billion dollar projects or because What are travel plans and do they work?
on-going collaboration is needed Travel plans are small-scale transport
between governments, land- owners strategies for specific sites like trip
and site managers to make it work. generators such as business parks,
airports, hospital and university campuses
Or maybe it’s because not many of us and high-density residential precincts.
have much experience of it here in They explicitly aim to increase relative
Australia. accessibility by more sustainable modes
— public and active transport (walking
IT, is travel planning and an increasing
and cycling) — while providing innovative
number of Australian practitioners want to
alternatives to private car use like carshare
see more of it.
and car pooling.
Why? Because if there’s no budget for
What makes travel plans different
substantial infrastructure construction
from travel demand management and
to support and make a development
traffic studies is that they leverage
possible, or the surrounding road network
the administrative procedures of
is operating at Levels of Service close to The on-site travel planning support that Optus
organisations operating on the site,
D, E or even F, planners need to find ways provides for its employees
creating opportunities for a wide
of making better use of the transport
range of new measures that support approach to transport planning comes
infrastructure that is already there.
travel behavior change towards more into its own when car parking is restricted
Travel plans may also provide a way out sustainable transport modes. This or local road network conditions are
Sustainable Transport
CONTINUING PROFESSIONAL
DEVELOPMENT
www.isf.edu.au
Need to develop your skills?
The Institute for Sustainable Futures at UTS
is offering two-day short courses in practice
based sustainable transport planning methods.
NSW Department of Planning, Centres Design Guidelines Visualisation: ©Arup
Travel Planning
Urban design | Transport planning | Stakeholder Consultation | Mon 25 – Tue 26 February 2013 (9am-5:30pm)
Landscape architecture | Environmental design | Sustainability | Mon 21 – Tue 22 October 2013 (9am-5:30pm)
Civil and Traffic Engineering | Project Management |
Integrating Transport & Land Use
Tim Williams | Cities Sarah Tasic | Sustainability Mon 8 – Tue 9 April 2013 (9am-5:00pm)
E tim.williams@arup.com E sarah.tasic@arup.com
On completion participants are eligible for PIA CPD points and
Diana Griffiths | Urban Design Penny Hall | Landscape Architect
to join on-going discussion groups at the Institute. Interstate
E diana.griffiths@arup.com E penny.hall@arup.com
and international attendees welcome.
Peter Rand | Planning Approvals Andrew Hulse | Transport Planning
E peter.rand@arup.com E andrew.hulse@arup.com
To find out more and to register on-line visit:
shortcourses-bookings.uts.edu.au
2013
Sydney office
Level 10, 201 Kent Street Sydney NSW 2000
T +61 2 9320 9320
We shape a better world | www.arup.com
14 | DECEMBER 2012 | newplannerhighly congested and travel my modes moved to Macquarie Park in Sydney’s
other than private cars is required to north-west in 2006 it was confronted
increase the development capacity by two significant problems. First, they
of sites. needed to provide places for just on
6,000 employees but were restricted to
Travel plans can be specified as part 2,000 car-parking bays. Second, public
of the conditions of consent for new transport services to the local area were
developments in DCPs. But to work, an not great, with the average mode share
organisation has to commit resources in for the journey-to-work for public and
the form of a nominated staff member active transport sitting on just 10 and 2.5
feature
to coordinate and implement the travel per cent respectively.
plan. It also means local government
needs to work in collaboration with site The City of Ryde set a mode-split
managers, setting mode-split targets target limiting the number of people
while the travel coordinator monitoring who drive to work. These targets were
travel behavior to ensure services and part of the consent conditions for the
facilities are up to the task of meeting new development and Optus’ regular
those targets and then implementing monitoring of user travel behavior helps
programs that respond to user needs the on-site Transport Manager keep
where necessary. tabs on what initiatives are needed to
keep behavior within those targets. In
The benefit to site owners is significantly 2011, the Optus travel team were able to
lower building and transport operating The lockers that Optus provides as part of the
end-of-trip facilities for its employees who ride help 40 per cent of employees travel by
costs. The benefit to local communities public transport, 5 per cent by walking
and governing bodies is lower congestion bicycles to work
and cycling, 3 per cent by motorbike and
levels and access to on-site managers to 5 per cent as car passengers through
help improve the usability of sustainable on-going behavior change and support
programs, changes to workplace their car pooling scheme — a remarkable
transport options at trip ends. achievement!
practices that reduce the need for travel
A standard travel plan will include like work from home options and the The greatest challenge in travel planning
features like effective information on installation of video communications is achieving buy-in from key decision-
available public and active transport facilities to reduce the need for business makers at the site, local governing
options, improving end-of-trip travel. They’ll offer periodical public agencies and transport providers.
facilities for people who ride bicycles, transport tickets instead of company Without collaboration the sustainability
improvements to on-site public transport cars in salary packages and they’re also benefits of low resource use, low cost and
connections and legibility, car pool likely to include a parking program with less space intensive travel and access
programs and maybe even an advocacy rewards for not driving to work and fees options are difficult to realise. Bringing
strategy to fill missing links in local for those who do. about this coordination is an integral part
cycleways and footpaths to generate of the methodology and skill involved in
viable networks. Optus provides a compelling example
of the power of travel plans. When the travel planning.
More elaborate varieties will include company consolidated its operations and
newplanner | DECEMBER 2012 | 15You can also read
