Issue 24, Volume 14, Thursday, 12 June 2008

News

NSW on knife edge over planning powers
NSW Planning Minister Frank Sartor (left) has come under fire from local government organisations.
Lismore MP Thomas George (right) believes the NSW Government’s new planning legislation is too confusing and impinges on individual rights.
North coast politicians at state and local government level are united in their opposition to legislation that could introduce new state government planning powers as early as next week.
The bill, which was passed by the NSW Legislative Assembly at 2am on June 4, streamlines many approval processes while giving wide ranging powers to NSW Planning Minister, Frank Sartor.
The bill is expected to go before the NSW Legislative Council next week but groups including the Nationals, the Greens, the Local Government and Shires Association and the NSW National Trust are all calling for a parliamentary inquiry into the legislation.
Yesterday the member for Lismore, Thomas George, said the proposed bill trespassed on individual rights because it would remove the rights of the public to object to neighbours’ projects, get prior information about them, or know that a proposal was before a planning committee.
“There’s also confusion regarding the Minister’s powers under the new legislation,” Mr George said. “For example, it’s unclear whether councils would be able to retain all of the Section 94 contributions they use to provide local roads, parks and libraries because some of that money might fall under the Minister’s control.
“Despite this, some councils appear to be willing to live with the proposed legislation, but I suspect they have particular planning problems that this legislation would allow them to avoid.”
Mr George said the Nationals’ decision to call for an Upper House inquiry was based on the number of people who had expressed concerns about the legislation.
“We’re also troubled that the government received more than 900 submissions on the matter but we have been unable to see any of them,” he said. “Everyone agrees there needs to be major reforms to the planning process in NSW, but we can’t do that in a matter of months.”
Mr George has been supported by fellow north coast Nationals. Geoff Provest, the member for Tweed, claimed the new laws would transfer more power to Sydney; the Clarence’s Steve Cansdell, described the laws as a Sydney cash grab that would result in a free-for-all for developers who donated cash to Labor; and Ballina’s Don Page said there was no way Sydney planners could properly take into account local concerns, particularly in relation to environmental sustainability.
When tabling the bill in May NSW Planning Minister Frank Sartor claimed community consultation had lead to more than 50 changes to the original legislation.
But a report by the NSW Parliament’s eight-person Legislative Review Committee – which includes four Labor members – last week pointed out 70 items of major concern.
NOROC president Cr Ernie Bennett said the region’s councils were united in their concerns about some aspects of the proposed changes.
“We call upon Mr Sartor to recognise that an Upper House inquiry is a valuable circuit-breaker and an opportunity for him to sit down with local councils to achieve a better package of reforms,” Cr Bennett said. “The Legislative Review Committee has found ample reason to be concerned – including areas where the legal rights of individuals may be unjustly taken away, where citizens may be denied natural justice, and where the power conferred on the Minister is just too broad.
“Everyone wants beneficial reform but the changes must be workable, democratic and actually improve the system.”
Greens MLC Ian Cohen said introduction of the bill into the Upper House would be at the whim of the government but he expected it to happen next Tuesday or Wednesday.
“As far as the Greens are concerned this is just another pro developer move that will subvert the democratic rights of citizens and lead to further destruction of the environment,” Mr Cohen said.
Labor holds 19 seats in the 42-seat chamber, the Liberal/National coalition 15 and the cross benches eight (four Greens, two Christian Democratic Party and two Shooters Party members).
However, because the government provides the president of the chamber, Peter Primrose, it effectively has 18 votes, but requires 21 to pass the bill.
Mr Cohen said the Greens and one of the CDP members, the Rev Gordon Moyes, have indicated they will vote with the Liberals and Nationals to send the legislation to an inquiry.
“However, the other CDP member, the Reverend Fred Nile, and the two shooters party members, Robert Brown and Roy Smith, have not yet indicated how they will vote,” Mr Cohen said. “Frankly, the Reverend Nile regards the Greens as unholy devil worshippers and is likely to vote against anything we support.
“The word around parliament is that the Shooters Party has done a deal with the government in exchange for the right to introduce legislation regarding a new shooting range in the south of the state.”
North coast residents can register their views on the subject by visiting the Local Government and Shires Association campaign website at www.keepitlocal.org.au.

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