The NSW Planning System Tips on Facilitation Temporary Tourist Land Uses

September 2012 Issue No. 92 new planner

The NSW planning system Tips on facilitation Temporary tourist land uses

ISSN 1324-8669 PP a233-867-00015 a balancing act PIA NSW State Conference 2012

Date: Conference Thursday 18 & Friday 19 October Welcome Reception Wednesday 17th October Conference Dinner Thursday 18th October Place: The Glasshouse Arts, Conference & Entertainment Centre, Port Macquarie Be involved: • Visit the website to find out latest news; • Note the conference dates in your diary and register; • Northern Region planners are invited to contribute to conference organization; • Become a conference supporter through one of the many sponsorship opportunities.

More information: There will be regular updates on our website www.planning.org.au/nsw and in the fortnightly eNews or email [email protected] Contents IssueThis 83 issue contents

Guest Editorial - David Winterbottom 4 Transforming development assessment 18

President’s Message 5 International Snippets 20

Executive Officer’s Report 6 Inbox 21

Streamlining the System - Changing the Planning for Temporary Tourist Land Rules or Changing Culture 7 Uses in NSW 22

Norton Rose Review 8 Tips on Facilitation 24

Planning Perspectives 9 Transports of Delight 25

The times, they are a changin’ 10 BasePlan 26

In the Courts 11 NSW Consulting Planners 28

Infrastructure Matters 12 Opinion - Planning Follies 30

Healthy built environments @ Rio+20 13 In the news 34

Making plans with communities, Snapped - The Shard, London 35 not just for them 14

2012 NSW Planners’ Winter Dinner 16

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 Deadline PO Box 484, North Sydney NSW 2059 Copy for December 2012 edition : The Year in Review 1101, 221 Miller St, North Sydney NSW 2060 due Friday 26 October 2012. Tel: 02 8904 1011 Fax: 02 8904 1133 Email: [email protected] Email: [email protected] Design and Production Nationwide Advertising Group The views expressed in New Planner Tel: 02 9955 4777 Fax 02 9955 7055 are those of the authors and do not Email: [email protected] necessarily reflect the views of the Cover Photo: Steve O’Connor Planning Institute of Australia. Lombard Street, San Francisco

Subscriptions 2012 New Planner is available on subscription to non members of PIA NSW at a cost of $88 per annum,GST inclusive. Email: [email protected]

newplanner | SEPTEMBER 2012 | 3 Editorial David Winterbottom Guest Editorial Improving Planning Processes and Practices

Quite apart from this introspective requirement, tended to stifle initiatives by local communities to we need to take a broader view of the role of tailor controls to their needs and requirements. planning within society. Planners ought to be The recent suggestion to allow sub-zones may agents for change not mere regulators. This go some way to overcoming this and it will be is particularly relevant in local government interesting to see what comes out of Planning where the scope for influencing events seems Review in terms of the balance between to be far greater than in State government or uniformity and legitimate local variation. the private sector. That means, for instance, Finally, the nitty-gritty of managing the development initiating projects and programmes, actively assessment process is in a constant state of flux. The theme of this edition goes to the heart seeking development and not just waiting for it “Best practice” advice must, of necessity, be general to pop up to be assessed, however much such rather than specific. Every Council is different and of planning. We have a new Planning Act an approach is frowned upon by ICAC (I confess about to be legislated and that offers a needs to develop its own procedures. By far the best to always having had some reservations about way of doing this is through a quality management wonderful opportunity to break away from the propriety of having an organisation which programme of constant incremental improvement the current rather sorry performance of is investigator, prosecutor, judge and jury to based on data and inclusive involvement of all those the planning system in this State. standards of the balance of probabilities). actually using the system. However, simply changing the rules will not At the same time it is crucial that we practice two This should extend to post development necessarily result in changing the culture. To do key principals. First, as John Mant has persistently assessments. The worth of the system can only that we all need to look at the way we do things advocated, we must plan with the community be measured by outcomes but we only rarely and think again. Local government should not just for them. The traditional method of review these in a rational way. This is the key become less paranoid about risk. Consultants researching and preparing a plan, seeking public to judging whether the controls need tweaking, should pay more attention to good planning comments, and then ignoring them because or if the monitoring of the construction phase outcomes and less to what they think their we planning experts know best, is doomed to is adequate, or the effort in achieving changes clients can get away with. Academics should failure. Unfortunately preparing plans with the to the original designs was worth it. Only if the play a far more active role in the public arena. community takes time and effort; not to do so will development satisfies occupiers or operators, State government should spend far more time cost the community far more in the long term. those living or working next door, and the on strategy, guidelines and research and far less One of the tragedies of the “Standard template” broader community can the planning system be on micro-managing. for Local Environmental Plans is that it has said to have delivered the desired resultn President’s message Sarah Hill, President PIA NSW Division editorial Lessons from New York City: Three Key Considerations in Transforming Sydney

started with the basics – we got our team – and most importantly we need to better in order pulling together our transport understand our communities and take and traffic experts, our strategic and them on the strategic planning journey with development assessment planners, our us. Last but certainly not least we need to housing department and property team to know what is viable so that our plans can create a whole of government approach and do become reality. to the negotiation and assessment of development applications. Our Leaders need to implement the Plan Similar to NSW, we got our budget in order Recently I was asked by the NSW – it was not quite the budget of NSW but we Quite simply this third consideration relates Department of Planning and pooled our resources and put planning at to the pivotal role leadership plays in Infrastructure to speak at their the centre, similar to the recent approach transforming a city. Urban Conversations Event on the taken by the NSW State Government in the Last year I coordinated a series of topic of Transforming Sydney. Whilst 2012/2013 State Budget. workshops with members of the Planning preparing for the talk, I recalled an And most importantly of all, we got our Institute, local and state government as article I had come across whilst I culture right – we adopted a ‘can do’ well as private developers regarding the culture of planning. was doing some research about Rudy attitude that found solutions rather than road blocks. Giuliani, a man commonly attributed A very strong and resounding message As a direct result of these simple changes from the workshops was the desire of the with transforming another great professionals attending to be the creators Global City – New York. we achieved great social and economic change including the regeneration of some and leaders of a vision for our city. This In keeping with the Event’s international of Europe’s largest housing estates and, of desire was commonly cited as a key reason theme and the North American focus of course, the approval of the London Olympics why they first chose to become a planner. its keynote speaker, Professor Edward including (most importantly of all for us and These professionals wanted to work with Glaeser, I drew out what I thought was the people of East London) its legacy. the communities to create plans that quite a pertinent quote from the article You need to plan for growth and gave hope. What had worn many of these about the experience of transforming provide hope professionals down, however, was the cities. In it, Mayor Giuliani quite succinctly negative culture of planning which created stated: “you can’t do everything at once, It always strikes me that a good problem blame, frustration and litigation. This so if somebody or some group is providing for a planner to have is the need to plan for culture hindered their visions for growth leadership, they are basically laying out a growth and, in turn, development. It’s funny and change and is often summed up in an plan … for how to improve the city over a but often as a planner I see people wince Australian context as ‘nimbyism’. period of time, that people can buy into, that when I say I have a presumption in favour they can believe in … If there is no plan then of positive development – they wince at This challenge has been shared by you are not generating any hope that things the word development as if it is a negative NYC (and in fact many cities around the are going to get better in the future” thing, a greedy thing – something that world). Giuliani refers to it as the anti- needs to be controlled and hence planners development, anti-density line which he Three key factors strike me as relevant considers to be an attitude and political from this quote with respect to should have a presumption against, rather than for it. subculture that significantly hurt New transforming Sydney: York’s positive growth for a long time. In response I emphasise the importance You can’t do everything at once – you It therefore follows that to transform Sydney need to prioritise priorities of the word positive – I consider positive growth to be that which generates more we need bold and collaborative leadership that affordable housing options; growth than is empowered to implement the plan designed It is funny how you remember the little by our communities. We need a shift change things in life, but the need to prioritise creates activity and culture; growth that improves how I can travel around the city in our culture away from the presumption of priorities was the choice of words I distinctly blame and hindering development to one that remember being used by my great mentor and enjoy its energy; and growth that respects our environment and heritage. incorporates communities in the plan making in London. Sue had just started as the Head stage; that supports growth and enables of Planning in one of the most impoverished, To achieve positive development however we positive change. underperforming and underfunded Boroughs need a positive strategic plan – we need a in the UK. She recognised that she could not plan that gives hope to Sydneysiders and that So having finished giving you my thoughts do everything at once with limited resources, encourages business investment; a plan that on one of Giuliani’s quotes regarding the but she needed to start the journey with makes Sydney an even more enjoyable city transformation of New York City, I will her team of transforming our planning to live and work in and, in turn, a plan that finish by leaving you to ponder two more: department and East London Borough. enhances Sydney’s competitive attraction. “A city that is not growing is a city in The realisation that you needed to prioritise To do this we need to better understand decline”; and priorities was recognition that we had a lot what makes Sydney tick, what makes it to do, but we had to start somewhere. “A city declines when an anti-development desirable, what its people need. We need attitude takes hold”. Now I know that an East End Council a plan that draws this out and hence we is very different from NSW, but like the need to get better at doing our homework, I look forward to working with you to n current NSW State Government, we our research and gathering our evidence ensure that Sydney continues to grow

newplanner | SEPTEMBER 2012 | 5 Executive Officer’s report Robyn Vincin, PIA NSW Executive Officer

equity, environmental protection and The emphasis on strategic planning sustaining liveable communities – the necessitates significant upfront funding wellbeing of people must be at the centre of research, studies and meaningful of any change program; engagement of communities to ensure the • PIA supports the move to a simplified strategies are robust and genuinely reflective system with a more streamlined of community interests. Ultimately, however, approach to planning policies; and a it should lead to a reduction of overall costs. greater focus on regional areas and Furthermore it should allow for a redirection specific planning boards and policies; of the significant costs currently borne As we go to press, the Planning • Streamlining the development process to by government, councils and developers Review Green Paper is less than a reduce costs and complexity, including resulting from the inefficiencies and month old. Of course the devil will be up front requirements for supporting complexities of the current system. information is a move in the right in the details and PIA will be providing direction; The Institute supports a fairer and simpler feedback and running a number • We support the retention of the JRPPs infrastructure contributions system. But and the Planning and Assessment ultimately this comes down to who pays of seminars and workshops as the for the infrastructure. The new Act should planning review moves forward. Commission to de-politicise planning, and the establishment of Regional deliver innovative solutions that ensure NSW President Sarah Hill issued a media Planning Boards to ensure a local voice; the infrastructure is delivered at the right statement following the release of the Paper: • We support the investigation of ideas time and in the right place at a reasonable such as 3rd party appeal rights to ensure apportionment of the cost. “PIA NSW supports the bold nature of the transparency in a new system. reforms proposed in the Green Paper. We have As with any new approach, the devil will be for some time advocated the need for serious We are delighted to see a strong focus on in the detail. There is a need to keep working and progressive reforms to take NSW forward the culture of planning – this is something and there will be a need for some reality and it is pleasing to see that many of our PIA NSW has strongly advocated for in testing. We hope the government maintains recommendations are integral to the paper. numerous submissions. We believe it is a its commitment to bold change and has the critical factor in ensuring the new system courage to translate many of these ideas into The key initiatives outlined in the Green will work, will achieve its objectives of a White Paper and in turn an Exposure Bill. Paper positively address most of the key economic growth and represent more than aspects of PIA submissions: PIA NSW will continue to engage with a new piece of legislation. Government, the Department of Planning • We support the concept of fundamental In anticipation we have already set up a joint and Infrastructure, our Members, the broad and transformational reform as what is government, university and private industry range of planning and related professionals now needed to restore confidence in the working group of Members for Cultural and with key stakeholder groups. NSW planning system and development Change. We aim to start changing the way in NSW. Previous ad hoc reactionary Members’ Voices we think as planners and industry in NSW changes to the Act have simply added now, in preparation for the implementation In this issue of New Planner, we feature a to its complexity and broad community of the new system. Critical to the success number of Member contributions. Our Guest mistrust and frustration with the system; will be the skills and qualifications of Editor, David Winterbottom, has called upon the • That reform includes a strategic focus, the professionals involved; “independent voices of experience; some long-time planners streamlined approvals and what can experts” should be just that -and their who have weathered the 1979 Act and have be defined as enabling legislation – all expertise supported by relevant and up to between them more years’ practical experience designed to get NSW moving; date qualifications including certification. than they would probably care to count! • We support the need to engage the community in planning at the stage Another key factor in the success of a It is important that practitioners’ views that it truly counts and when they have new system will be funding to resource are heard as we collectively debate the the greatest influence – the strategic these changes at all levels of government. merits of the proposed new system - and planning stage; Funding will also be required to train and re- some of the limitations of the system • Streamlining approvals and timely and skill planners to effectively implement and under which we currently work. We thank coordinated delivery of infrastructure are communicate the new system, for example the contributors and Guest Editor David vital to improving economic and social to enable the preparation of evidence based Winterbottom for providing their “frank and performance in NSW; strategic plans, to train planners with the fearless” opinions and we encourage those • It is important, however, not to lose sight skills for strategic planning, community of you who wish to provide comment to of other important objectives for social consultation and mediation. enter into the debate n

6 | SEPTEMBER 2012 | newplanner Streamlining the System – Changing the Rules or Changing Culture feature Alison McCabe, Director, SJB Planning

1.0 Introduction I can empathise with Planning Gone Mad Is it some, or all, of these things? Can it be all? and its frustrations. Our current system We need to change both. Our current has a lot to answer. An inherent danger is for a Planning rules are holding us back from being System to try to be everything to everybody As planners, we need to step back and – this is one of the current failings. Maybe able to adapt and respond to the analyse how we ended up in this place and the first question is “What should it do?” challenges facing society. We need to what can be done. rethink how we approach shaping and Planners are generalists. Our job is to 2.0 The System bring together competing issues and governing our cities, towns, and regions. balance the trade-offs. The Planning To me, to be able to streamline the system, My focus is on development approvals. I System sets the framework for this we need to understand and decide what we have worn a number of hats in this area process. want the system to do - in this respect, I - as an assessment officer, a manager of am referring to an approvals system. A lot of planning is about property rights. regulatory processes, an applicant and a The public debates tend to focus on determining authority. Do we see it as? the system’s role as a framework for • a mechanism for promoting sustainability; The Property Council of Australia (PCA) development control, the “bones” of • a means of environmental protection and recently published a story “Planning Gone which often becomes a trade-off between management; Mad – A story about the NSW Planning individual rights and the public good. • a development and building control tool; System … and how it drives applicants • a strategic planning framework; crazy” (PCA, May 2012). 3.0 The Rules • a community engagement model; The prologue says it “is a fictionalised account • a mechanism for the allocation of Our development control system has of the development assessment process as it property rights; become overrun by an increasingly complex currently operates in NSW” (Planning Gone • a means of balancing private and public suite of controls – SEPPs, LEP, DCP, and Mad, p3). Although we are told that it is fiction, interests; various policy documents. we are assured that it is “faithfully informed by • a mechanism for the coordination of Continued on page 32 first hand experiences”. infrastructure spending?

newplanner | SEPTEMBER 2012 | 7 Norton Rose Review The NSW Planning System Green paper Jacinta Studdert Partner, Felicity Rourke Partner, Rosemary Bullmore Associate, Environment and Planning Group, Norton Rose Australia

Jacinta Studdert Peter Rigg Felicity Rourke

After many months of consultation and • Community participation Streamlining approvals, through • Strategic planning an Independent Review of the NSW • streaming development applications Planning System, the NSW Government • Streamlined approval • Provision of infrastructure into assessment tracks according to has released A New Planning System the predicted impacts and complexity for NSW Green Paper (Green Paper) Further, the Green Paper aspires to create a of assessment of the proposed proposing key elements of a new new planning system that will effect a cultural development; change to empower planners to move away • providing for a range of non-politicised planning system. In this overview, from a statutorily based and bureaucratic decision makers, including the Planning we highlight a number of key reforms planning process. This ‘new generation’ of Assessment Commission, Joint Regional proposed in the Green Paper. planners will have a facilitative approach to Planning Panels, Local Expert Panels the integration of infrastructure and land uses, and Council staff under delegation. The Green Paper is the NSW Government’s while representing a strong appreciation for The role of elected Councillors in response to the recommendations of land economics and growth management. determining development applications is the NSW Planning System Review, recommended to be removed; an Independent Panel chaired by Key reforms include: • endorsing the ‘amber light approach’ the Honourable Tim Moore and the already in use in the Land and Honourable Ron Dyer. The Independent Community participation, through Environment Court, by requiring Panel’s recommendations are contained • the development of a ‘Public consent authorities to provide advice to in The Way Ahead for Planning in NSW – Participation Charter’ to clarify rights and an applicant on which aspects of their Recommendations of the NSW Planning standards of community participation. proposed development can be amended System Review (Review Report). in order for their development to be A strategic focus, to be achieved by approved; and Further detail to be provided in the • developing strategic plans in a whole of • expanding the types of development White Paper government approach with the goal of which can be approved as code reducing the number of concurrences assessable development. The Green The Green Paper contains matters of broad required at the development assessment Paper proposes that fully complying policy and is intended to be followed by a stage. This process will include a strong developments cannot be refused White Paper and Exposure Bill which will emphasis on community and stakeholder consent. For a development which contain matters of operational detail. engagement; partially complies with the code, the • focussing on integrating land use planning In contrast, the Independent Panel’s terms Green Paper proposes that it will be and the provision of infrastructure; of reference included recommending subject to merit assessment for only • reducing the number of environmental the particular aspects the proposed a statutory framework and necessary planning instruments, including development which does not comply implementation measures for a new repealing all State Environmental with the code. planning system for New South Wales. Planning Policies and replacing them With this goal in mind, the Review Report with a succinct series of NSW Planning Improved provision of Infrastructure, by contains matters of specific detail Policies – and integrating development • linking planning and delivery of infrastructure necessary for the preparation of legislation control plans into local land use plans; to strategic planning for growth; to replace the Environmental Planning and • creating three new zones: • emphasising public private partnerships Assessment 1979 (EP&A Act). o An Enterprise Zone aimed to boost in the provision of infrastructure by It is unclear as to whether matters which employment generation by providing holding competitive tenders for the have been raised in the Review Report, but a high degree of flexibility in private sector; and not addressed in the Green Paper have been planning controls. • providing for development contributions for the provision of public open space dismissed by the Government, or will be o A Future Urban Release Area Zone and drainage lands to be collected at the addressed in the White Paper and Exposure Bill. to identify areas proposed for future regional level. Key reforms growth of residential development. o A Suburban Character Zone which Submissions The Green Paper proposes 23 “transformative will explicitly exclude development changes” grouped into four fundamental Submissions can be made on the Green that adversely impacts on the areas of reform focused on: Paper until 14 September 2012 n character of an area.

8 | SEPTEMBER 2012 | newplanner Planning Perspectives: Green Paper Response review Steve O’Connor, KDC and ERM Australia

Green Paper of planning in NSW and it is evident that a number of these have been incorporated There is much to be pleased into the Green Paper. about in the Green Paper “A New Planning System for NSW” released Reviews of Planning Decisions by the NSW Government in July. Amongst other things the Green Paper The initiatives put forward for supports the notion that planning decisions consideration in the Green Paper should be the subject of potential review. In include switching off referrals/ particular, it suggests review mechanisms be introduced for rezoning decisions, concurrences, retaining and building decisions in relation to site compatibility upon the system of independent certificates and strategic compatibility panels providing advice and making certificates and gateway decisions. decisions, targets being set with While the spirit of natural justice supports implications for non achievement and the concept of a review of rezoning the introduction of the right of review decisions, this avenue has never been in relation to rezoning. available in NSW throughout the history of planning in this State. What is proposed is What these initiatives all have in common not a legalistic appeal system but rather is a focus on positively changing the culture the use of independent panels amongst of planning in NSW. In the submission to other mechanisms to facilitate reviews. the Review Panel entitled “Cultural Shifts This is a positive step which will help set in Planning” prepared by the NSW Division Lombard Street in San Francisco demonstrates the scene for a positive change in the of PIA in November 2011, it was argued the power of lateral thinking culture of planning in NSW. that “..a cultural shift in planning is required other key stakeholders to bring this to first and foremost to set a framework or Lack of Detail fruition. If inspiration is required then foundation to enable a new act to be most the photograph may assist by illustrating effectively and efficiently implemented.” The Green Paper calls for this positive change in the culture of planning and what has been achieved in Lombard Street The PIA Perspective recommends that the government work in San Francisco. As one of the most closely with PIA to implement the changes popular tourist sites in the city Lombard The PIA submission promotes a culture in required. However, there is scant detail Street demonstrates how the functional planning which is positive, seeks to find provided about how this will be achieved. requirements which a road serves can be solutions not throw up obstacles and has In fact, it is one of the shortest chapters in maintained while providing outstanding a focus not on process¸ but on achieving the Green Paper. This is disappointing as it visual, landscaping and aesthetic outcomes. The submission states that is arguably the most important chapter in outcomes. The culture which prevailed to “..the majority of planners have spent their the entire Green Paper. achieve such an outstanding streetscape in time focusing on the legal implications of San Francisco is to be admired. policy rather than establishing a sound Conclusions evidence based strategic vision for an area Thinking laterally will be an essential by which to plan.” Having actively pushed for a positive ingredient as will an eagerness to embrace change in the culture of planning in NSW, change if the positive changes in the PIA puts forward a range of actions to help PIA may soon be given the opportunity culture of planning envisaged in the Green bring about an improvement in the culture to work with the State Government and Paper are to be realised n

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 [email protected] [email protected] [email protected] NR11555

newplanner | SEPTEMBER 2012 | 9 SOSS0081 The times, they are a changin’

Bruce McDonald FPIA (Retired)

The direction being taken by the current planning system review and the decision to prepare an updated Sydney metropolitan planning strategy to guide the City’s growth and change as it adds 1.4 million people to its population over the next 25 years, should compel planning in Sydney to put aside its preoccupation with detailed regulation of the development process and accept the challenge of planning sustainable places. The Planning System Review strongly advocates strategic plans are prepared for places across the State. This approach would compel planning to focus on determining the future role that places must perform, the form they might take to best contribute to their environmental, social and economic context and the services needed to meet the needs and preferences of those who will live in or rely on them. These plans are to be developed with, and be well understood by affected communities. The approach would also compel planners to engage with critical environmental, social and economic interests and local communities when making decisions on the future of places at layers ranging from metropolitan sub-regions to neighbourhoods. The intended Metropolitan Strategy could provide the immediate vehicle for such a change of thrust within planning practice. This strategy is proposed to provide a framework and guide to future planning and investment, linking homes, jobs education and recreation facilities. An important position posed for the strategy is that of “providing equitable access to a great lifestyle” via an approach “to build new places and improve existing places, to promote healthy, active lifestyles and to create safe, inclusive and comfortable neighbourhoods”. A commendable and challenging planning task and one that must be undertaken against the background of port macœuarie the contemporary social make up of Sydney’s constituent parts and the social trends within them. The social dynamic underscoring earlier growth of Sydney was about fulfilling the Australian Dream - founded on a new full of flåvour house in a new suburb; a family to tend; a job, preferably close to home; and a nice car. Later growth has been shared across Sydney’s rich variety of places and communities. Established texture and d´pth suburbs are now also expanding housing choice and supply through development of residential flat buildings near transport, in exhausted industrial areas and in major centres across the metropolis. The keen take-up of residential units suggests a Whether it’s food and wine, great attractions, culture more intricate fabric of housing and social preferences has been added to that traditional Australian Dream. or recreation, there’s something for everyone. This coastal playground is home to pristine waterways Sydney’s growth will of course demand a continued planning focus to be placed on selecting and designing greenfield and and lush hinterland. With lots to see and do, Greater high density locations to accommodate that population. But the Port Macquarie is the perfect getaway for those Strategy’s stated social goal must take planning beyond simply wanting to experience something a little different. rezoning responses designed to secure housing targets. How established suburbs and neighbourhoods are revitalized and renovated must also be addressed. Planning of these places Call 1300 303 155 portmacquarieinfo.com.au must recognize the scope for these places to add to housing choice while meeting the particular needs and preferences those who elect to live there That in turn demands a sound understanding their contemporary and anticipated social reality. Continued page 33

10 | SEPTEMBER 2012 | newplanner review n

IT) | SEPTEMBER 2012 | 11 S

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new determined the DA. Retention of practical of practical Retention the DA. determined for later of detail leaving matters flexibility of supervision and delegation determination, development, or aspect of the of some stage desirable may be both the Court believed, scheme with the statutory and in accordance Act. under the EPA to the failure for of the remedy In terms of DCP 8 and s in breach notify the DA holder consent Act, the 79A(2) of the EPA its that the Court should exercise submitted the development declare not to discretion of declaring the or, instead invalid consent under s order an make invalid, consent 25B(1) of the Court Act. Section 25B gave which orders make to the Court discretion consent a development validate would Such an order of declaring it invalid. instead of a consent suspend the operation would with which compliance and specify terms, the consent. validate would comply to The Court held that the failure in DCP 8 requirements with the statutory of notification for Act and s 79A(2) of the EPA technical was not a minor or merely the DA had Rather, courts Act. of the EPA breach requirements that statutory held repeatedly were DAs of and advertising notification for of these and the observance mandatory precedent was a condition requirements to power statutory of the exercise the to A authority. by a consent a DA determine power the statutory of exercise purported the for a condition where had no validity had not been fulfilled. of the power exercise the Court believed In these circumstances the breach for remedy that the appropriate to was requirements of the notification invalid, consent the development declare exercise to it inappropriate considering a declaration make not to the discretion the Court did not Similarly, of invalidity. an order make to it appropriate consider of under s 25B of the Court Act instead invalid consent development the declaring

p History, MPIA

BTP (UNSW), MUDD (UNSW), Cert IV: Resid. Studies (SW BSc(Econ) (Hons), DipTP, FPIA, MIEA, MICE B.Science (Geog) Dip Urban & Reg Plg MPIA & Urban Reg CPP Plg Dip (Geog) B.Science BUrb, Reg Plg, Dip Local Ap Local Dip Reg Plg, BUrb, (‘EPA Act’), to take into consideration consideration into take Act’), to (‘EPA Suite 67, Level 4, 330 Wattle Street ULTIMO NSW 2007 (02) 9211 8081 (02) 9211 3366 F: T: [email protected]: Smyth Planning Planning and development; heritage, statutory and environmental planning; planning appeals; reviews of administration and management of planning. Richard Smyth Meg Levy Debrah Silver Carlo Di Giulio landowners and occupiers, whereas DCP 8 DCP whereas and occupiers, landowners to not only to be given notification required also but and occupiers, adjoining landowners of land that may be occupiers and owners to proposal. by the development affected and applied considered As Council had only of the 8, the notification DCP 1 and not DCP The Council be defective. was held to DA of the under s 79C(1)(a)(iii) was required, Act Planning and Assessment Environmental 1979 DCP 8 DCP. of any applicable the provisions DCP that the Council was was an applicable Further, consideration. into take to required the proposed for notify the DA to the failure with DCP 8 was in accordance development Act, which of s 79A(2) of the EPA a breach must that specified development required in accordance be notified or advertised of a DCP if the DCP with the provisions or advertising the notification for provides Court held that Thus the of the application. with the comply to the Council had failed of DCP 8 and s requirements notification the DA to relation Act in 79A(2) of the EPA plant. dairy processing the proposed for the Court however, ground On the second established had not held that the applicant the consider to that the Council failed of noise and odour impacts matters relevant the proposed for the DA in determining that, the Court stated Here development. of the the assessment by considering including noise and odour matters relevant made in impacts and recommendations report (including officer’s the assessment these address to conditions recommended such relevant the Council had taken matters), conditions Further, account. into matters noise of non-intrusive verification requiring certificate a construction impacts before and setting a trial period be issued could operate to the consent of 18 months for did not mean that the Council had deferred of noise impacts or not finally consideration , the Land Faculty of the Built Environment, UNSW Built Environment, of the Faculty Simpson v Wakool

1 only required notice to be given to adjoining to be given to notice required 1 only under DCP 1 only and not under DCP 8. DCP under DCP 1 only gave notice of the proposed development development of the proposed notice gave notification provisions. However, the Council However, provisions. notification Shire of Wakool, and DCP 8. Both DCPs had and DCP 8. Both DCPs of Wakool, Shire Council applied to the land: DCP No 1 –Council applied to development. Two DCPs adopted by the adopted DCPs Two development. to give proper notification of the proposed of the proposed notification proper give to of the applicable statutory requirements, requirements, statutory of the applicable miscarried by its failure, through breach breach through by its failure, miscarried power to grant development consent had consent development grant to power Court found that the Council’s exercise of exercise that the Council’s Court found remedy power or under s 25B of the power remedy thereview, of ground the first to In relation a declaration of invalidity under its general of invalidity a declaration Court (‘Court Act 1979 Act’). and Environment should exercise its discretion not to make make not to its discretion should exercise to have erred on either ground, the Court on either ground, erred have to in the event that the Council was found that the Council was found in the event review, the consent holder contended that, holder contended the consent review, In addition to contesting both grounds of both grounds contesting In addition to the Council, defended the proceedings. the proceedings. the Council, defended properties. The consent holder, rather than holder, rather The consent properties. processing plant on surrounding residential residential plant on surrounding processing and odour impacts of the proposed dairy and odour impacts of the proposed to consider the relevant matters of the noise matters the relevant consider to 8’); and secondly, the failure by the Council the failure 8’); and secondly, Control Plan No 8 – Notification Policy (‘DCP Plan No 8 – Notification Control application (DA) as required by Development by Development as required (DA) application owners and occupiers of the development of the development and occupiers owners of the Council failing to notify affected land notify affected to of the Council failing applicant: first, the procedural impropriety impropriety the procedural first, applicant: Two grounds of review were argued by the argued were of review grounds Two the proceedings of the proceedings impacts of proposed development. In development. impacts of proposed applications and consideration of the and consideration applications requirements of development of development requirements the issues of councils’ notification of councils’ the issues Environment Court has examined Environment the Chief Judge of the Land and In recent judicial review proceedings proceedings judicial review In recent Peter Williams, Peter Validity of consents: notification and consideration of development of consideration and notification consents: of Validity In the Courts:In the should be set aside. claiming that the Council’s decision claiming that the Council’s building for a dairy processing plant, a dairy processing building for Council to use an existing industrial industrial use an existing Council to development consent granted by the granted consent development applicant challenged the validity of the validity challenged applicant Shire Council [2012] NSWLEC 163 Infrastructure Matters Greg New, Director, GLN Planning

A new focus on infrastructure Remember Action for Transport 2010? It keen to capitalise on this $2 billion- coordination and delivery was visionary, bold and daring when it plus infrastructure investment from came out in the 1990s. That plan came the time train services commence. At the time of writing, the planning and to be an albatross around the neck of But the rate of future development is development community is still digesting the Government as the key (and costly) likely to be contained by various factors the Green Paper on NSW’s new planning public transport proposals were put off including the asset planning of Sydney system. or abandoned due to lack of money. This Water. A cat chasing tail situation has emerged that will be familiar One of the major themes of the Green was but one example of governments to planners everywhere – Sydney Paper is better alignment of land use in recent times raising expectations Water won’t put major investment planning and infrastructure delivery. in plans or in media releases of ‘firm’ into infrastructure unless there are ‘Delivery’ is mentioned 171 times in commitments to projects that would clear indications that significant land the Green Paper. Infrastructure and liberate movement around the congested subdivision is likely. The multiplicity development growth are to go hand in city; only for the promise to never convert of land owners means that there will hand, or at least that’s the theory. to reality. be few if any developers of large land The strategic agenda will be set by the Not only a clear program but a clear parcels. So little development happens. forthcoming State Infrastructure Strategy means of follow-through is needed if So far, Sydney Water has committed to and the NSW Long Term Transport we are going to be serious about this. serving 4,000 lots by 2021 using existing Masterplan. The Government’s approach Attempts at coordination are not new. waste water infrastructure, with no to tackling infrastructure delivery at the The Growth Centres Commission was in indication provided of the infrastructure sub-regional and precinct level will be part established to bring infrastructure timing beyond that. This vagueness is through Growth Infrastructure Plans (or agencies together, but there remains unacceptable given the availability of GIPs). no one agency responsible for resolving a new mass transit link to the release conflicts in infrastructure programming area (the first ever new heavy rail link At the time of writing, we know that GIPs: or budgeting. Despite the best efforts provided to a Sydney release area) in and hard work of many, agencies still • Are a place-based approach to only a few years from now. A clear and plan for their own infrastructure, and vie detailed servicing solution is needed for infrastructure planning with each other for budget allocations. • Will be the avenue for coordinating the the Precincts in order to send a positive Leadership in aligning infrastructure investment signal to developers. services planning of State agencies programs has been sorely lacking and Infrastructure NSW in growth in the past. Infrastructure NSW can There are many reasons for NSW areas be the circuit breaker in sweeping housing starts being at historic lows, but • Will include a capital program of away the silo mentality. Further, GIPs infrastructure funding and coordination works – a 5 to 10 year infrastructure and infrastructure delivery plans will (or the lack of it) must be near the top ‘pipeline’ only be effective where one agency is of the list. As planning professionals we • Are to provide investor certainty in the properly empowered to resolve resource all hope that the fresh commitment by roll-out of infrastructure for growth allocation and programming issues. the Government to address this issue areas , including ‘Urban Activation ‘Delivery Managers’ are to be appointed through the new planning system linked Precincts’ to prepare GIPs. They need to report to the Infrastructure NSW process will • Will have works programs that are to an agency that has the power to generate investor confidence and restore development-dependent – that is, determine a budgeted program, not the credibility of planning in this state. infrastructure programming will merely a place-based action plan with respond to the recent growth rates in open-ended commitments. And in case you hadn’t noticed … an area A recent attempt to resolve infrastructure GLN Planning Pty Ltd – a merger of These are commendable initiatives, but coordination challenges was the Newplan, Grech Planners and Plan4, in order for them to succeed the lessons Austral and Leppington North Precincts started operations on July 1. from the past have to be learnt and past Infrastructure Delivery Plan (or IDP), practices have to be turned around. GLN provides a broad range of town which GLN Planning had a role in planning services with particular One of the lessons is that effective preparing. These Precincts involve infrastructure delivery has always emphasis on infrastructure and the release of 17,000 lots for urban contributions planning, urban required, but has not always received, development in an area that has a effective leadership and sufficient release area planning and floodplain highly fragmented ownership pattern. management planning. resources. Each feeds off the other. The South West Rail Link that is due to NSW has never been short of land use open in 2016 will directly service the For more information visit the website and infrastructure plans of all types. area. The Government is understandably www.glnplanning.com.au n

12 | SEPTEMBER 2012 | newplanner Healthy built environments @ Rio+20

Anthony Capon, University of Canberra and Susan Thompson, University of New South Wales review

In his address to city mayors at public spaces because most people have landscape architects and transport Rio+20, the UN Secretary-General, lived in houses with plenty of room in the engineers), seeking new insights through Ban Ki-moon, declared that ‘The road backyard. As more and more people live effective applied research. in apartments and townhouses, we should to sustainability runs through the invest in the public domain and develop Human health and wellbeing, on a world’s towns and cities. By building lively, safe and convivial public spaces. sustainable basis, should be a primary sustainable towns and cities, you will objective of urban policy and planning. Third, we should protect fertile agricultural The time to act is now – particularly so in build global sustainability’. land in peri-urban areas. This will help NSW with the release of the Green Paper The preparations for Rio+20 identified secure future food supply for our growing for a new planning system. We have to sustainable cities as a key priority. population. Indeed, by doing the first two ensure that health is an objective of the new Although intergovernmental negotiations things, there will be less need for the city planning system, as was recommended by on sustainable development, and action to spread out and we could put firm growth the Victorian parliamentary inquiry into the on climate change, continue to move at a boundaries around our cities. impacts of environmental design on public glacial pace, many cities around the world are stepping up efforts to reduce carbon emissions. Urban planners play a critical role in such initiatives. Beyond cities, ecosystems are the planet’s life support systems – for people and all other forms of life. Ultimately, human health and survival are entirely dependent on the health of ecosystems because the human body has a fundamental need for food, water, clean air and relative climatic constancy. Cities concentrate people and economic activity and, therefore, they also concentrate resource consumption and waste production. This means that the way cities work can affect the health of ecosystems. It follows that cities must be planned, designed, developed and managed to protect both the health of ecosystems, and the health of people. What should our priorities be then? First, we should plan so that people can meet most of their daily needs (i.e. getting to school, university and work; shopping for food and other necessities) by walking, Sustainable cities are characterised by well designed higher density residential development within a lively, safe and convivial public domain for all to enjoy. cycling, or public transport. This means improved conditions for walking health (see http://www.parliament.vic.gov.au/ While urbanisation presents challenges, it standing-committee-on-environment-and- and cycling by ensuring safe routes for these also brings opportunities. At Rio+20, the modes of transport are given equal priority planning/references-committee/references- International Council for Science (ICSU) committee-inquiries/article/1521). to safe routes for motor car transport. It presented its new global interdisciplinary also means investing in mass transit science program on health and wellbeing There are compelling reasons for action infrastructure (trains, light rail, buses). in the changing urban environment using – both for the sake of the health of future It also means getting serious about systems approaches. generations, and for the sake of our own health right now. distributing economic development The program aims to bring scientists throughout our cities. Our historical together with counterparts in government, More information about local government pattern of urban development, with industry and communities to tackle critical perspectives on Rio+20 is available residential areas well separated from urban policy and planning questions. The from the International Council for Local commercial activity, means that many approach will identify leverage points for Environmental Initiatives (ICLEI) website people spend hours every day commuting. intervention, while recognising causes of http://local2012.iclei.org/fileadmin/files/ This can only change if we invest in policy resistance and potential unintended ICLEI_at_Rio_20.pdf suburban economic development consequences of such interventions. and bring jobs and higher education More information about the new ICSU opportunities closer to home. The new program will strive for ‘co-creation’ program is available from http://www.icsu. of knowledge to improve decision making org/what-we-do/interdisciplinary-bodies/ Second, we should re-imagine our public – an approach that acknowledges the health-and-wellbeing-in-the-changing- spaces. Historically, city councils across expertise of those who make decisions urban-environment/ n Australia have not prioritised investment in on a daily basis (such as urban planners, newplanner | SEPTEMBER 2012 | 13 Making plans with communities, not just for them

John Mant, John Mant is a planner and lawyer

This paper is about fitting map with new zones and accompany with Without the possibility of a hearing, participation to the nature of the text listing actions other agencies ought to objections can too easily be ignored. decisions being taken. A topical do to achieve the generalised and usually un-measurable objectives of the plan. Participation in making planning subject with the Minister putting controls great store in early participation in The lineal planner’s strategic plan is The community should properly participate the preparation of plans, presumably not conducive to effective participation, particularly as, in NSW, standard zones and in the drafting of the controls. to increase the number of DAs that do codes will be used. Participation is likely to Trouble is, in NSW at present, there is not need to be advertised. be just an expensive PR exercise. little point in being involved. Whatever Introduction Participation could possibly influence the objectives for a community’s place, the environmental values to be put on essentially the task just is to separate The people who know most about a place potentially developable land? But, as the area into standard land use, height (or an organization for that matter) are decisions on the South West Growth Centre and FSR zones all with their standard those who live (or work) there. demonstrated, strong demands from the provisions and meaningless objectives. community for protection of rural wedges Seldom are rulers prepared to hand There is little point in getting excited about were ignored. Landowners’ objections saw policymaking (or organization design) over how one’s place might be like in the years the wedges disappear at the end of the line to the most knowledgeable. ‘What, let the ahead. Whatever the vision the answer is 64. inmates run the asylum?’ with a twitch of the Minister’s hand . There is another way Rather than real participation in decision- A proper strategic planning process would making, rulers will employ consultants have seen those wanting green wedges For example, in the late 1990s the to prepare detailed reports and then ask, being locked up with Departmental staff, communities of Warringah rejected a sometimes standing on a stage in front of a with all recognising that, without TDR, standard LEP that sought to achieve more meeting hall of angry locals, ‘Well what do green wedges would not survive. Either development. Council bravely gave the you think of my solutions?’ a TDR system would have been adopted, task to a committee of fifteen drawn from or, early in the process, the vision for the nominations by the many resident action No wonder rulers get the finger and Growth Centre would have altered. As it organizations. The inmates were put in consultation is seen as a chore that must was, we were tricked into supporting a charge. be gone through while complaining about major change to the shape of Sydney on a the ‘b….. nimbies’. false premise. Building on the system designed by George Clarke and Hugh Stretton for the City of Three broad categories of planning The Drafting of Development Controls Adelaide, the committee came up with decisions should involve participation but the format for a set of place-formatted their participation methods will differ: and Decisions on DAs controls that incorporated the effect of the • Preparing a ‘strategic plan’ Once land has been identified for SEPPs, REPs, LEPs and DCPs applying to • Drafting of development controls development new controls need to be Warringah. During this work each of the • Making of a development decision by written. members of the committee had constantly exercising a discretion bounded by rules. Participating in the preparation of planning consulted back with their local groups. controls is different to consulting on Two Categories of Strategic Plans The work was presented to meetings held DAs. Participating in writing controls is in different parts of Warringah. Questions There are two types of strategic plans. structured politics. DA decisions are more were allowed but not speeches. Those arbitral processes to resolve disputes wanting to contribute could write a 1. A real strategic plan defines in broad between different interests about the terms where we want to get to, identifies submission, or preferably, come to small application of bounded rules to a particular locality workshops to work through the the things that will either assist or hinder application. us in our path and then identifies the proposed format and help draft desired objectives (‘outcomes’) that we need to It is difficult to formulate legislation about character statements and supporting achieve to build on the pluses and deal consultation that provides anything more controls. with the minuses. The strategies we than the formal process of publication of The controls: will adopt to achieve the outcomes will a draft proposal, receipt of submissions, be identified along with the actions that assessment and decision. Laws requiring • Provided each landowner with what the need to be taken (leading to the plan’s ‘adequate consultation’ would provide current Minister at the start of the current ‘outputs’). This is an iterative process Phillip Street endless days of arguing what Planning Reform said he wanted - a where the reality of the starting vision was adequate. And legislation detailing single document of integrated controls for is tested by the reality of the actions. multiple steps for participation would each parcel potentially available digitally; Success depends on the continued provide opportunities for legal challenges • Everything was subject to consent (i.e., no participation of those who know most on technicalities. ‘prohibited development’) with different levels of transparency depending on the about the subject, including those who The formal process of exhibition/ extent of the discretion; may be part of the problem. submission for bounded decisions on DAs • Reflecting its varied geography, instead 2. By contrast with this iterative process, is probably acceptable, but only if there of land use zones, the area was divided a typical planner’s strategic planning is is a due process hearing that arrives at a into 70+ different localities, each with their lineal - project households/employment, decision supported by detailed reasons. assess qualities of available land, colour own Desired Future Character Statement

14 | SEPTEMBER 2012 | newplanner and implementing controls. The controls were about places not the separation of land uses; • Provided council with the ability to require contextual design in How to prepare appropriate locations without loss of development rights; • Used density ratios rather than minimum lot sizes; successful planning • Consequently abolished the definition of ‘detached house’ relying on DFCs requiring domestic scale housing set in gardens; • Allowed every household with the ability to have two sinks. proposals?

The State’s increased development was quickly achieved – the feature product of DFCs clearly identifying the areas selected for major change. The community would not have accepted these changes had Clearly understand council just exhibited them for written submissions . issue The Planning Reform 1 the issues The Minister is putting great store in early participation. It is early days but: • Can legislation guarantee a meaningful process for participation in strategic planning while avoiding endless opportunities for legal Apply EMM’s challenges? • Will ‘strategic plans’ be real strategic plans or merely traditional specialist skills coloured maps? Will participation be able to affect anything? • Will controls be understandable and meaningful, and relate to 2 my place? 1. Peter Williams notes that the Department at the time did not support the use of a system for the transfer of development rights EMM’s planners to compensate the affected owners. The curious case of property rights in the New South Wales planning system and its reluctance produce an integrated to adopt transferable development rights (2012)17/2 LGLJ 3 solution 2. Of course all was swept away by the Kibble Committee Report that recommended the standard LEPs and Statewide, could be anywhere, codes. Multiple layers of zoning and controls have replaced the single document Warringah controls. Multiple definitions of dwellings are back n Effective ‘’‘’ 4 communication Environmental Resources = Practical Planning Management EMM Solutions

ERM is one of the world’s leading providers of environmental, social and planning consulting services. We have over 100 offices in 40 countries and employ over 3,000 staff. In NSW, our key planning contacts are: Sydney T: 02 8584 8888 Chris Jack BSc(Hons), MEnvPlanning Adam Coburn BEnvP, MPlanning, MPIA Hunter Valley T: 02 4964 2150 Stephen O’Connor BTP(Hons), MSc(Hons), LGTCP, FPIA, CPP SOUTH FORSTER PLANNING PROPOSAL North Coast T: 02 6584 7155 Rachael Russell (Environmental Planner) and Cassandra Thompson (Associate and Senior Ecologist)

To learn more, visit: www.emgamm.com Planning + Environment + Acoustics www.erm.comwww.erm.com

newplanner | SEPTEMBER 2012 | 15 1 2

4 5

16 | SEPTEMBER 2012 | newplanner 2012 NSW Planners’ Winter Dinner

Stephen McMahon, Director, Inspire Urban Design + Planning news

From an acorn grows a mighty oak 6 7 tree, and so it came to pass on the evening of Tuesday 26th June at Doltone House. With the best attendance yet, planners (consultants and State and Local Government alike) from across the State, gathered on a cold and squally night to catch up with old friends for the Annual Winter Dinner. This year we were honoured by the attendance of two former Planning Ministers and the current Minister, The Honourables Justice T W Sheahan AO , Frank Sartor and Brad Hazzard. The evening was marked by the awarding of the Inaugural PIA Planning Excellence Hall of Fame Award. The award recognises a person who has excelled and made a distinguished and inspiring lifetime contribution to the planning profession. It is the highest accolade of the profession. The distinction went to Jim Coleman, who was introduced to the stage by John McInerney. Congratulations Jim. And well done to Robyn and the team for 8 an excellent night. Till next year!

Photo comments:

1 Jim Coleman accepting his award from John McInerney. 2 The JBA Table. 9 10 3 View of the room. Photo taken by a very tall town planner. 4 Jim Coleman, Inaugural PIA Planning Excellence Hall of Fame Award winner warning everyone not to become a sole trading town planning consultant. 5 Greg Woodhams and Damien Furlong. 6 The RPS Table. 7 David Broyd, Diana Banjanin and Liam McKay. 8 President Sarah Hill welcoming everyone to the dinner. 9 Just what did Frank say to Nicole Gurran and the Minister? 10 A Joint Regional Planning Panel Meeting on Table 3. 11 Scott Anson, Minister Hazzard, President Sarah Hill and former President Tony McNamara. 11

newplanner | SEPTEMBER 2012 | 17 Transforming development assessment –L to J

David Broyd, David Broyd Consulting Services Pty. Ltd

Development Assessment – Present -L outcomes (strategic planning policies) we want to current and projected social, economic and then managing the decisions on the way (in and environmental contexts and political How would you describe the current practices part, development assessment) to achieve those directions. This way, planning can become more of development assessment? As being outcome (or adapt those desired outcomes as synonymous again with implementing visions excessively complex and ridden by delays, social, economic and environmental factors for the future. Confident use of judgement conflicts and frustrations? Process dominated change on the way through). Development in development assessment will no doubt rather than outcome focussed? Lacking in assessment should be about the short term frequently still be vitally needed for policy ability to negotiate and apply discretion to get decisions serving the longer term outcomes (not interpretation at the site specific level; delivering good outcomes? As having multiple layers of short term expediency responding to micro level this with confidence and integrity and knowing approvals compounding the frustrations and loudest voices!). where to draw the line is where professional problems? Focussed on regulatory outcomes? leadership will be needed. Ingredients for Change. Local government planners are frequently Culture: New legislation alone will not fix culture. perceived (in some cases validly) as What are “the stand out” ingredients for However, major shifts in culture are crucial to obstructionist and risk averse. Yet, in many transformation? There are five intertwined effectively implement new legislation. Difficult ways, they are messengers for an unworkable streams in my view: significant legislative change to define, the culture of planning is shaped by system and outdated plans which clash with in line with the Green Paper; swinging the the profession, politicians, the development current social, economic and environmental pendulum towards strategic planning/policy; industry, media and the broader community. contexts and local political directions. Political cultural change (for all stakeholders), continuous The PIA-NSW position - that Government and donations, media publicity and some ICAC improvement of processes and practices and professionals leaders must collaborate to achieve reports have lead to increased cynicism about their proper integration with the practices, the shift and “strong and courageous leaders” the independence and trustworthiness of commitment and performance of State agencies. being needed - deserves broad support. decision making. The actual and perceived problems are eroding the value and credibility Legislation: The Green Paper represents a Practices and Processes are also crucial to of the planning profession and the morale major positive direction to improved practices, improved culture and need to be more consistent of professionals involved. If the current particularly shifts towards strategic planning and and based on service level agreements/ protocols concentration on development assessment enhanced community engagement. We should agreed by practitioners. The development of continues, rather than focussing on “real support/advocate for: “end to end processes” (Port Stephens Council planning”, the profession risks becoming • Increasing the “bite” of Complying based upon the Australian Business Excellence increasingly marginalised. Development – de-complicating the current Framework is a good example) and leading SLA’s at regional level with State agencies would Development Assessment – Future - J SEPP and Codes; • formalising risk management approaches to be major contributions. Another important Can development assessment be transformed assessment; initiative is case/project management so that to be described as implementing well founded • adopting the Development Assessment planners take responsibility for individual DAs policy efficiently and effectively? Can it be Forum categories of development with of significance from initial consultation to much more highly valued as an independent, assessment tracks matching levels of risk recommendation. professional practice of negotiation and sound and impacts;(including low impact proposals Integrating State Agencies: Data shows that judgements achieving good development to be subject of less wide ranging criteria delays in referrals and concurrences from outcomes aligned with adopted policy? under Section 79C); State agencies are a major cause of delay and (Sound judgements are more often than • De-politicising decision making but allowing frustration for development assessment. The not the basis of good outcomes rather than Councillors to consider significant policy review of the system as well as the legislation rules and regulations). Can it be based implications of certain DA’s; should mean addressing the fragmented upon a “can-do”, solution focussed culture, • Clarity of hierarchy of decision makers – legislation and agencies’ involvement. facilitating those good results on the ground? what DA’s are of state, regional and local Acknowledging the difficulties (politically as Can value and trust be regained with morale significance – more by potential significance well as legally) the system cannot be improved and professional status enhanced? Yes to recommended in strategies than capital comprehensively without integrating relevant all – but only if the State Government, senior investment thresholds; provisions of other legislation, such as the professional leadership, improved resources • Reinstatement of a two stage Application Threatened Species Conservation Act which and more training/mentoring can enable system (.i.e. separate the planning and contain provisions for assessment and multiple this to occur. It will be “evolutionary” not building content plus increased formal approvals. In the meantime, good work at the “revolutionary” change. emphasis on concept plan consideration and State level to coordinate State agencies should Context for Change. determination; be supplemented at regional and local levels by • Review of the fee structure for development protocols/ service level agreements between The NSW State Government’s Review of applications to better reflect the capital value Councils and State agencies. The enhanced the Planning Legislation and System is a of the proposal, third party impacts and the strategic planning should of course also seek to not to be missed opportunity to be bold and real costs to the consent authority; reduce State agency referrals and concurrences daring and achieve real change. This need • Substantial funding to local government for by resolving more at the policy making stage. for “bold and daring change” seems to be developing electronic capabilities. one already common point of agreement Can we transform development assessment? Strategic Planning: Evidence based strategic amongst stakeholders. YES, WE CAN!! Now is the time because of the plans, based upon extensive community apparent political will at State level. My big hope Planning in its simplest meaning is about engagement are critical to providing well is that the value placed on planning will rise as engaging with communities and political leaders researched, rationale based approaches to a result and that the morale of the profession to express the short, medium and long term development assessment which are connected benefits accordinglyn

18 | SEPTEMBER 2012 | newplanner Comprehensive Environmental Assessment & Management

www.traversecology.com.au

38A The Avenue Phone: (02) 4340 5331 PO Box 7138 Mt Penang Parklands Fax: (02) 4340 2151 Kariong NSW 2250 Kariong NSW 2250 International Snippets

David Winterbottom

This issue of International Snippets traditional alongside and rubbing up against system plays a key role within governance features abstracts from Town and the outrageous and ultra-modern – that processes, regulating the development of Country Planning - The Journal makes them so enticing, at least for the both major and smaller scale decentralised academic tourist. energy infrastructure and removing of the Town and Country Planning regulation from the very smallest. Association. The sorts of gentrification processes that May 2012 have socially transformed but physically Artificial Trees preserved so many historic areas in the Participation UK don’t seem to exist in Japan, where the With global carbon emissions rising at younger Japanese with choice is typically To be effective, participation in planning an ever faster rate despite the economic to occupy an apartment in a modern block needs to be part of wider political life. recession, capturing carbon from the rather than to re-use and refurbish a This resonates well with contemporary atmosphere may be essential to prevent traditional dwelling. preoccupations and challenges to democracy runaway climate change. One way of doing June 2012 – radicalisation, civil unrest, and a return to old this could be to build towers holding arrays fashioned protest. There are four key areas of sorbent chemicals that can capture Monetary System that demonstrate the re-imagination and carbon a thousand times more efficiently misrepresentation of community participation: than trees of the same size. One lesson from history is that a mainly February 2012 unspoken purpose of the monetary system • the evisceration of planning expertise; has been to transfer wealth and well being • uncertainty, leading to inaction; Politics to rich and powerful citizens and countries from poorer and weaker ones. The housing • representation, not fairness; and In Britain planning is almost a paradigmatic market isn’t a bad example of this: • the celebration of difference. example of a sector used as a ‘political football’, one that every incoming • Land values are not taxed, but business Planning impacts on people’s daily lives; administration likes to think it can use profits, earnings from work and value there is nowhere more important for it to explain the failings of the previous added are all taxed. democratic community participation to administration and demonstrate its own • Consequently the value of land and of occur. Let us hope that planners will be radical credentials. houses on it tend to grow faster than the ready once again to look beyond ‘the plan’ March 2012 value of other things. and plan for the people. May 2012 Urban Green Space • That encourages banks to create money to lend to borrowers to buy houses and High Streets It is time to challenge the view that the land they are on. green space in urban areas is somehow People tend to want to invest and live in • That in turn helps to power the long- less valuable than green space in the ‘real’ places. Not places that look like term, self-reinforcing spiral of rising land countryside. Given the proven health and everywhere else. Not places where values and house prices. quality of life benefits of local green space Gertrude Stein might complain that there’s June 2012 for town and city dwellers – benefits that will ‘no there there’. High streets with a diverse become even more crucial as temperatures Streets Where We Live proportion of locally owned businesses rise – the case is there to be won. can re-circulate money between them. June 2012 Road space has to be reallocated to allow Increasing the local velocity of money, for quality infrastructure to support cycling before it leaks away from the local economy Trams and walking: motorised traffic has to be means that distinctive high streets are often slowed down, and in many cases removed. more robust than the high streets which Is this the second age of the tram? One In the long run this benefits everyone – have driven out local shops in favour of high might think so. There is a new found through reduced costs on our health service, rents and brand names. enthusiasm for trams and light rails through drastic improvements to air quality, April 2012 agents of regeneration, and as the bringers through reduced carbon dioxide emissions, of modern electrified and sustainable through a better urban fabric, and through Los Angeles transport. Trams, surely, can tempt the the sheer pleasure of cycling and walking middle classes out of their cars. And The heart of the regional planning effort is around in the fresh air. perhaps the age of austerity will assist as a Sustainable Community Strategy, which May 2012 middle class incomes fall, as demand rises shows how the region plans to meet its to live, if not closer to jobs, then at least Energy targets through integrated land use, housing closer to public transport systems, and as and transportation planning. For the first motoring costs continue to rise, making the National energy security and achieving time, the allocation of transportation funds cost of running a second car prohibitive. substantial cuts in carbon dioxide emissions is linked to housing, including jobs-housing June 2012 are the most pressing challenges facing balance and provision of housing across the UK. The current energy system is income groups. Japan characterised by ‘lock-in’ into centralisation. More recently, however, ‘decentralisation Placing new housing near public Many of Japan’s traditional urban areas pathways’ have started to emerge, focussing transportation is a major priority. If this are in the process of suffering a death by a on diverse energy needs and matching these comes to pass, it will be a watershed in the thousand cuts. This represents a terrible with a variety of technological, economic history of Los Angeles. Certainly, it is one loss, as, for all their amazing energy, it is and institutional options. The planning for Los Angeles regional planning. the split personality of Japanese cities – the May 2012

20 | SEPTEMBER 2012 | newplanner and she has recently had a baby boy whom she called Liam. Inbox Congratulations to Fiona! Steve Enticott, General Manager: Transport Planning at Nicole Philps Transport for NSW is pleased to announce that Sebastian Smyth is the new PM of the City Transport Planning Team. Sebastian has both transport and planning qualifications and has over 18 years’ experience in the transport planning business. He will be known to many for his work on light rail at TfNSW. Sebastian is already with TfNSW 3 days a week on secondment from GHD and will become fulltime in about 1 months’ time. news Anissa Levy has been appointed as the new PM of the Integrated Transport Planning and Land Use Team at Transport for NSW. Anissa is an Engineer and is currently Market Sector Leader: Transport at Cardno. Her 20+ years’ experience in Transport Planning includes working on a wide range of sustainable transport planning work including travel demand management, integrated transport strategies, transport policy, From Camden Council, the Development Branch announces pedestrian and parking studies. that Elliott Weston joined the Branch as a Student Town Juliet Grant has reported that Rosalind Louis retired on 20 Planner in March 2012. Elliott is a qualified solicitor, having July from the Department of Planning and Infrastructure after previously worked at Marsdens, and brings an interesting skill a career in the public service that started in 1968. In 1983 she set to the Branch. Jessica Volkanovski also joined the Branch came to the planning agency, then called the Department of as a Student Town Planner in March 2012, having previously Environment and Planning, to work for its Chief Executive worked as a planning intern at JBA Planning. Jessica brings Officer (Director), Richard Smyth as his personal assistant. With with her development application preparation and report the encouragement of her boss in 1985 she undertook mature writing experience. In further news from Camden’s Strategic age studies at the University of New England, as a part time Planning Branch, Kylie Powell has returned from maternity student gaining a degree and planning qualification. Since then, leave to take on a temporary role as Manager Special Projects. Ros has worked in a number of areas within the Department She will be returning to her role as Manager Strategic Planning – planning teams (working on LEPs and REPs), assessments, in February 2013. Chris Lalor will continue as acting Manager and policy, intermingled with time as the Department’s Liaison until then. Officer in Labor Minister Craig Knowles’ office for a year from Vanessa Morschel, Council’s Section 94 planner, is to 1996, and around five years in the Premier’s Department n commence maternity leave in early August with a baby boy We’re always pleased to receive staff updates, announcements expected later in the month. David Radish has been appointed and other news you would like to share. Email your updates to in her role while she is on leave. David was previously with [email protected] - Nicole Hamilton Council in New Zealand. Masud Hasud has been appointed as Section 94 Officer. Masud was previously with Railcorp. GLN Planning is a new planning consultancy in the Sydney CBD that brings together 3 planning consultancies – Grech Planners, Plan4 and Newplan. The company is headed by Paul Grech, Peter Lawrence and Greg New. GLN offers a range of services, with particular emphasis on site feasibilities and due diligence, infrastructure and contributions planning, urban release area planning and floodplain management planning. EMM are proud to announce that they have opened a Brisbane office, headed by Rob Janssen. Rob is a senior environmental scientist who joined them from SKM. In Sydney, EMM have recently appointed two senior planners - John Arnold from Cardno in Perth and DP&I Sydney, and David Kelly from ERM. Also another senior planner, Verity Blair, has returned from maternity leave. After 30 years in NSW Local Government, 20 of them at senior management level, David Broyd has embarked on a new venture as a sole trader planning consultant. David was State President from 2000 to 2004 and had some challenging experiences at Tweed and Wollongong Councils. He was Group Manager at Port Stephens for the last 6 years before taking on this new direction. David said that he wants to offer his experience and skills at a broader level. Whilst retaining independence, he has established links with other consultants to attempt to broaden capacity - particularly Monteath and Powys based in Newcastle. Jenny Rudolph, recently a Director at Elton Consulting, is pleased to advise that Elton’s planning team now comprises of 5 planners in NSW and 3 in Northern Territory. Martin Klopper has recently been appointed as NT Manager and the planners in NSW are Fiona van der Hoeven, Sam Czyz, Marion Lourens and Catherine Ryland. Fiona is currently on maternity leave

newplanner | SEPTEMBER 2012 | 21 Planning for Temporary Tourist Land Uses in NSW: Will the planning bureaucracy be the end of the town concert? Garry O’Dell, Director of Sunrise Town Planning Pty Ltd.

Over the past few years, the NSW Department of Planning and Infrastructure has moved towards uniformity and consistency of processes for land use management in NSW. The current roll out of the state-wide template requires standard zoning, clauses and definitions. Of particular concern is the new standard clause as follows:

2.8 Temporary use of land (1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land. (2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 month…... This clause has been included with no guidelines as to its implementation. When coupled with the new “water” zone, there Concert Goers at Hope Estate Pokolbin is potential for many temporary events to become entangled in the complex and requirements. Consistency is a major include a night time concert, machinery bureaucracy of the development application issue. Opportunity exists for an audit and exhibition, convention, surf carnival or process and the “not in my back yard” research into current practices to develop a themed festivals, or a car rally. The list is mentality. clearer understanding of the issues endless and it would appear that all land Essentially this clause allows the uses are permissible as temporary under From 2005 to 2008, the Australian the new provisions. assessment of a range of temporary uses Research Council funded Festivals Project not permitted on the land subject to an through Wollongong University which TTEs could include either one-off or annual environmental review. No guidelines are sought to determine the significance of events using non purpose-built facilities on available, nor are there any exemptions festivals for rural communities. More than sites not primarily planned for the activity for certain TTEs. Anecdotal evidence from 1300 events were identified for NSW with under the traditional planning zones. the NSW Department of Planning and the most common ones being sporting, “Tourists” attending these events can be Infrastructure and several Local Council community, agricultural and music. The from the immediate community or anyone officers indicates that there is limited study indicated that total economic value that travels to the experience. data on the range, assessment practices for the participating states of NSW, Victoria used and impacts of temporary land uses. and Tasmania was in the order of $10 The concept of temporary use of land is Temporary land uses ranging from for billion. Estimates for full and part-time job best understood by applying a layman’s a day-long event annually to week-long creation were in excess of 170,000. approach namely that a site when viewed festival are sometimes, in the traditional after the event with structures removed planning process considered as if they Temporary land uses vary from a concrete resembles the site prior to the event. were permanent activities with all the batching plant adjacent to a new freeway, In some instances, there is vehicle or associated impacts and at other times not movie filming, mining exploration, pedestrian damage to the site. TTEs assessed at all. The land use allocation festivals, and field days and the ultimate, can vary from a single day in the case and assessment of TTEs is ad hoc and a Commonwealth or Olympic Games. of a concert to ten days for festival or there is no system for local planning and Whilst the range of temporary land uses agricultural exhibition. Private land can be implementation. Some local Councils is extensive, the potential impact of this used or roads, amenities, parks or other require the lodgement of a development new legislative regime is on those uses public land are either closed or used for application whilst others do not have a of a tourism nature that attract people to the event with the addition of temporary process. Some government agencies give towns, suburbs, parks, beaches, lakes or stages and associated facilities. The high permits. State significant temporary events private lands set up for a special event. quality and extensive range of temporary are addressed with individual controls Temporary Tourism Events (TTE) may facilities can result in a venue as good as

22 | SEPTEMBER 2012 | newplanner “Innovative planners prefer the device of pilot schemes, where the utility of an idea can be observed in action”. This raises the need for a template to guide the assessment and allocation of land use opportunities for TTEs. Certainty in where and for how long temporary uses could be permitted and the assessment

and monitoring process may better feature contribute to the local tourism business development. Controlling the number, type and location of TTEs raises issues of the carrying capacity of the land, the perception of being overcrowded and the anti-regulation response of “let the market control it”. A TTE template can be implemented by the NSW Government either as guidelines or as complimentary changes to the standard definition linked to revised Exempt and Complying Development Provisions. Email requests to all NSW councils identified a An example of one of the Many Council policies complex assessment and approval process with several Councils preparing their own a permanent entertainment complex. The million infusion to the local economy policies and approaches. temporary structures have significantly from the 2011 Elton John Concert at Hope improved the quality and comfort for event Estate. Others see the need to use the These temporary uses contribute jobs, attendees. “wealth” created to repair infrastructure income and social development of many and apply a user pays principle through an NSW communities, the last action required Anecdotal evidence indicates that many attendance levy. is a poorly researched and knee-jerk TTEs have been operating for years or reaction. Planners and policy makers need recently commenced with the “grace Personal observations note that attendees to consider the following questions, and favour” of a local community and of a major event tolerate greater impacts the local council either because it was a such as long traffic queues, slow meal • What is a temporary land use? charitable event or was seen to be “good preparation and discomfort due to rain. It • What are the various assessment for the town”. Some events have grown is uncertain whether the local community processes for TTEs in NSW? from blankets on the grass to pre-booked has the same increased tolerance to seating via the internet. greater impacts due to their temporary or • To what extent does the current NSW short term nature. Quantification of this planning process hinder TTEs? Increasingly, the general community has aspect has ramifications for their location • Can a template be developed and demonstrated its awareness of the legal and duration together with the form and implemented to encourage and/or planning mechanisms available to ensure content of guidelines. that the development is acceptable. As preserve TTEs? The current planning system may not what is acceptable varies significantly, • Can tourists and the local community be able to cope with TTEs given its the planning system is used by groups or tolerate greater impact given the use is complexity and focus on permanent uses. individuals to delay, prohibit or restrict temporary? developments. As a community changes Friedman in his article, “A Conceptual or an individual arrives who may not be Model for the Analysis of Planning • Is there a “public interest” as supportive of the impacts imposed by Behaviour” referenced in A. Faludi, A consideration by allowing TTEs without an event, action may arise to terminate Reader in Planning Theory noted that approval? n the event. Such community antagonism recently manifested itself in relation to commercial fitness programmes called “boot camps” using beaches and other public places. Whilst not directly comparable to TTEs, this does outline the community expectations for use of public lands. There is a growing concern that these events and initiatives which are important in these difficult economic times might be lost due to the local democratic process. This has a potential major impact on TTEs. Without some process and approval certainty, the future of TTEs may be threatened. Considerable resources are allocated to the analysis of large scale metropolitan events but there seems to be a lack of data and assessment of the impacts of the regional events, particularly on local communities. For example in the Hunter Valley, the lack of data creates a perception of benefits and costs that are not properly quantified. In January 2012, in an article entitled “Names and Cash Come Out to Play”, the Newcastle Herald noted significant community benefits from concerts, such as the $20 Traffic Management is a major issue

newplanner | SEPTEMBER 2012 | 23 Tips on facilitation

Dr Danny Wiggins

Introduction I suggest that facilitation is useful in a range confirm this with the client. The same of administrative, strategic and operational applies for in-house sessions. In these days of increased situations: stakeholder involvement in the Step 2 Backgrounding (i) Setting future agenda: DA process and integration/ • substantive information coordination of government • exploratory • audience activities, it is important to know • identifying key issues Step 3 Draft program to client: key elements. when facilitation can be useful. In my • agreement on the way to proceed (with a For instance: view, basic facilitation skills should proposed series or program of working sessions, for instance) • introduction be a part of the planner’s skills • full group task base. Alternatively, in appointing • use of ‘thinking machines’ such as SWOT • small group work and report back analysis, PMI (plusses, minuses and independent facilitators (sometimes • general discussion interesting) and W5H (who, where, when, • where to from here (WTFH)? called for in contentious situations), why, what and how) Step 4 planners should be equipped to • useful for community participation, inter- Check the venue; order your manage the process. agency coordination etc. equipment and seat layout Step 5 Prepare a detailed script – dot point 1. What is facilitation? (ii) Developing strategic planning documents: summary The dictionary defines facilitation in a Step 6 • to be clear on expected outcomes On the day number of ways – to make easy or less • mud-maps of key issues and elements difficult; to promote or to help forward • run it • detailing the ‘strategic planning tree’: action, result or process. While the term visioning, objectives and strategies 4. On the day – rules for running has broad application, this paper discusses • setting performance criteria (in a policy facilitation in a specific sense, as organising sessions and future monitoring sense). and running one or a number of discrete Firstly, you should arrive early and check the ‘sessions’. As an ongoing process it becomes (iii) Operationalising plans: seating arrangements – no barriers and an project (or organisational) management! appropriate layout (depending on numbers • action planning and program). Also check the equipment. As such, facilitation as a skill rests • fleshing out the details somewhere between chairing meetings • exciting – making things happen. In running the sessions, the following rules and formal mediation. As the name implies, (iv) Test running plans/policies: apply. A facilitator’s responsibilities in guiding it is the process, usually convened by an discussion are: individual person, of engaging participants in • role play • Explaining clearly the topics for an interactive journey to an agreed outcome • scenario building. – exploring a key issue, identifying positions, consideration discussing options or potential solutions. (v) For detailed discussions on DAs: • Ensuring everybody has an opportunity to speak Other related words speak of the some • in advance, with stakeholders, prior to • Seeing that only one person speaks at fundamental aspects of facilitation: lodgement once • upon application, as an enhanced form of • Keeping people to the point, but never face consultation. “face the music” giving the impression of being in a hurry meet confidently (vi) Combinations: • Giving full and courteous attention to stand fronting each contribution, striving to understand • all of the above, in varying combinations. rather than evaluate it in terms of your facet, factor An Independent facilitator is useful in the own opinions speaks of breaking things down; into following circumstances: • Helping to interpret each contribution, “bite size chunks”; promoting small sometimes by re-statement, so that group work • Where there are disparate views, or nobody misunderstands anybody else – • Dominant personalities ‘could you put that in other words’ fact • When the job seems too big • Judging a contribution, when evaluation let’s confirm them; isolate points of • For politically sensitive matters – an is called for, by its content and not the contention outsider. persuasiveness of its delivery facetious • Relieving tension when two members - 3. Gearing up for a facilitation session trying to be amusing; careful cornball are in danger of falling out e.g. by some As you may expect, preparation is most humour, or drawing attention to areas on factions important. The participants don’t see this – which they agree often opposing parties they only see what happens on the day; but it • Deciding when discussion of an item facile does show. I suggest the following actions in has gone on long enough: eye on the tone; of easy temper; flexible; yielding gearing up for the session: program • Stating what has or has not been agreed 2. When is facilitation useful? Step 1 Be clear on objectives and before moving to the next item anticipated outcomes. I would always • Ensuring that any resolution is clear

24 | SEPTEMBER 2012 | newplanner and worded so as to secure best chance of agreement. No voting (unless an up-front requirement) • Considering the practical application of the group view • Indicating what action, if any, is to be taken (WTFH?). It is possible to be a participating facilitator whereby, with the agreement (and perhaps desire) of the client, your expert input can also be provided along the way. This should be made clear to the audience at commencement. feature I also believe that having a background in the realm/topic area is preferable. While, in theory, an independent facilitator can run a session on any topic, close familiarity with the issue can help with the subtle points etc. If not, more time is required in preparation. Conclusion – the golden rules In summary, I suggest the following five golden rules: 1. Think about your audience in advance 2. Be clear about objectives and anticipated outcomes 3. Have a plan ….. and stick to it 4. Follow the ‘rules for running sessions’. 5. Engage your audience. The eyes have it n

This paper is based on a presentation by Danny Wiggins in the PIA NSW Toolbox Series. For details of forthcoming sessions and information on the 2013 program, visit the website www.planning.org.au/nsw

Transports of Delight: What is the PIA NSW Transport Planning Chapter doing?

Colin Henson

The Transport Planning Chapter is a disparate bunch of local government; the private sector; passenger and freight people with particular interests in planning, transport modes such a walking, cycling, road, rail, bus, ports and air; and planning and policy, as well as a desire to engage to ensure the early training of planners, educators, architects, designers, engineers, freight and logistics, and administrators. with wider issues in planning such as land-use, social planning, urban design, healthy cities, the environment We are always on the lookout for new members, or wider and development economics. activities to engage in. Please contact me or one of the other Chapter members listed above, or the PIA NSW Office if you or a It is far too easy for the focus in Transport to become short term colleague might be interested. operational and concentrate on projects of concrete and steel. Chapter Convenor: [email protected]; Phone: 0408 249 743n The great strength of the PIA is the wide range of skills of its members, and its ability to engage with the powerful interests shaping the future of urban and regional Australia. The Chapter meets over a sandwich lunch on the first Wednesday of each month (thanks to Cox Richardson and Arup, respectively). We also have combined events with other groups within the PIA and are keen to expand this dialogue. The Chapter has recently made submissions on the NSW Long Term Transport Master Plan, Inter-Regional Public Transport Inquiry and Use of Rail Corridors Inquiry; held seminars on issues such as “Peak Oil”; heard from guest speakers including Paul Mees; attended government briefings on transport projects such as the North West Rail Link, and addressed other topical issues such as the second Sydney airport and the reservation of transport corridors. We have an informal Chapter membership arrangement with a “core” group attending the monthly meetings and a wider corresponding group via email including: Colin Henson (Convenor), Marta Bach, Ingo Koernicke, Bob Meyer, Matthew Thompson, Jonathan Falk, David Wilson, Juliet Grant, Brendon Baker, Mark Birkinshaw, Daniel Cavallo, Jarrett Walker and Rex Gunton. The objective is to retain a wide representation of different ages, backgrounds and sectors including state and

newplanner | SEPTEMBER 2012 | 25 BasePlan

Marta Bach, BasePlan editor

Welcome to our third edition of BasePlan for 2012. In the last few months the YP Committee has hosted the 2012 NSW Young Planners Forum and seen the 2012 Mentoring Programme launch. In this edition, Wil Nino, YP Committee member takes the interview hot-seat. Read on to find out about Wil’s role at the town planning and development advisory consultancy based in Sydney. We hope to see many more familiar faces at the upcoming YP events! Young Planners Forum – Designing Our Future 31 May - 1 June 2012 By Christina Livers Future leaders of the planning profession recently gathered at the Young Planners (YP) Annual Forum to evaluate and debate the future of planning in NSW. Titled us to give the attendees invaluable career Livers, pitted against veteran planners ‘Designing Our Future’, the two day forum advice from three different perspectives. Greg Woodhams, Dr Laura Schatz and was held at the University of Western Peter Walsh, in a debate on planning and Sydney and attended by more than 50 Young planners were given the chance non-planning issues. The room was buzzing young planners from around the State. to take part in interactive workshops run with excitement as the debate took place by Abigail Goldberg on negotiation skills; The forum kicked off with a series of talks (I think the Young Planners won this one!). Liam McKay on building relationships; from UWS academics who shared their The Forum gave all of those in attendance a Annie Kentwell on ethics; and Greg views on planning in the past, present glimpse of the significant contribution that Woodhams on dispute resolution. and future, planning law and planning for the creative city. The afternoon was spent A common theme running through each of the exploring Parramatta with young planners planning matters explored was that of change. attending tours of the city’s heritage or The take away message for the forum’s riverside. The evening consisted of a participants was that change is constant cocktail party, addressed by Sarah Hill, and the ongoing management of change President of PIA NSW Division. is fundamental to reaching good planning outcomes for the community at large. Day two of the forum centred on professional development. We were The forum concluded with the much fortunate to be joined by leading planning anticipated Battle of the Generations professionals Gillian Goldsmith and Julie debate which saw young planners Harry Bindon; recruiter Julian Murray also joined Quartermain, Ben Cebuliak and Christina

26 | SEPTEMBER 2012 | newplanner planning projects and every day brings a new challenge and experience. Prior to establishing my practice, I worked in State and Local Government. Some of my more interesting projects include managing the development of two medium sized inner-city developments, being a medium density terrace development in Riley Street Surry Hills and a 7 storey building on

Broadway in Chippendale. For these two news projects I have worked in the capacity of town planner, managing the approval process the young planners will make toward the and am now involved in the development planning profession in the future. management role as part of the construction The Young Planners Committee would like phase. It is estimated that both projects will to thank all of those who gave up their time be completed by early 2013, and I will then be to be involved with this event. Particular 2012 NSW Planners’ Dinner involved in managing the marketing as part of thanks must go to Robyn Vincin for 26 June 2012 the sale of both developments. helping the Committee to organise such By Marta Bach The beauty of working in the private sector a successful event. We look forward to in my own practice is the ability to be seeing you all at the YP Forum next year! A fun night brought together planners from across the industry to enjoy the annual NSW involved in the whole development cycle, Launch of Mentoring Program 2012 Planners’ Dinner held at Doltone House, being from acquisition, to approval, then By Harry Quartermain Pyrmont overlooking the beautiful Sydney construction and delivery. Such experience Harbour. The young planners table enjoyed has given me the liberty to expand into new On Thursday 26th July, The NSW Young the pre-dinner drinks and canapés and areas of the industry and I have enjoyed Planners, supported by the PIA NSW a three course dinner chatting about the every minute of the challenge. Division and GSA Planning, hosted a meet Planning System Review. Special guest, How long have you been part of the Young and greet to kick-off the 2012 Mentoring the Minister for Planning & Infrastructure, Programme. Planners in attendance fell Planners Committee, and what is the best The Hon Brad Hazzard, gave an interesting part of being involved in the committee? into two categories: young planners; and insight into the reform of the NSW planning planners who are young-at-heart. Mentees, system: a system for the 21st century, I have been involved in the Young Planners generally, are those with less than 5 year’s focused on the public interest that places Committee for over a year now and have professional experience while mentors people and their choices at the heart of been attending NSW Young Planner events generally have been working for more than planning decisions. Overall, the night since my University days. a decade. The 2012 Mentoring Programme provided a great chance to catch up with I believe the best part of being involved in is a year-long partnership, facilitated by the many planning colleagues and friends. PIA Young Planners, designed to enable the committee is the ability to meet other each party to learn and grow professionally Interview with Wil Nino young planners and share experiences in from the experiences of the other. terms of career and work environments. Here is a snapshot into Wil’s role at Some of the highlights have been attending A Mentoring Programme has been the annual Forum events and study tours n successfully run in SA and Qld for a number the NUPD (Nino Urban Planning + of years, and following a successful pilot Development) town planning and If you are a Young Planner, then programme in NSW in 2011, the interest in development advisory consultancy. Wil it’s time you get involved with the the Programme here is already matching is also part of the NSW YP Committee. Committee! the success seen in other states. Why did you choose planning as a career? The 2012 Programme has seen applicants from across NSW, 20 mentors and I had an interest in real estate, Upcoming Young Planners events mentees were introduced and paired-up in construction and development and after (mark these dates in your diary!): order to start their year-long partnership. leaving school, I started working in a real estate office. At the time, I wanted to work We hope to see you at: The Mentoring Programme is based on an in property development, but I realised I Planners in the Pub: a series of informal informal meeting held every other month needed a Uni degree to further my career. meetings in Sydney small bars – details TBC to allow a professional relationship to be So I took my Mum’s advice and enrolled in built outside of the work environment. the planning degree at UNSW. We will be catching up with a few of the The NSW Young Planner Committee is I chose planning at the time as I believed mentors and mentees over the year to hear currently comprised of the following their feedback from the Programme. it provided a balance to learning about the urban environment, the way cities function members: If you would like to be involved in the 2013 and the overall real estate industry. The Harry Quartermain - URS Programme please keep an eye out for the UNSW Planning Program allowed me to Michael Dixon – Roads and Maritime announcement this time next year! learn about various elements of the industry Services and provided me with the necessary tertiary Marta Bach – Transport for NSW skills to work as a planner. Timothy Sneesby – SGS Economic and I enjoy planning as a career and I think it Planning is an exciting time to be a young planner Benjamin Cebuliak - Department of in the current planning and economic Infrastructure and Transport environment. Red Tandog – Aurecon Group Wil Nino – NUPD I think my Mum’s advice to study planning Christina Livers – Hill PDA was the best advice – thanks Mum! Lachlan Abercrombie – Cox Architecture Where do you work and what interesting Pat Quinlan – Newcastle City Council projects do you get involved in? Gary Cheung – Queanbeyan Council Mathew Quattroville I work as a consultant managing my Mark Thompson – Urbis own practice, Nino Urban Planning + Eli Gescheit – Hurstville Council Development. I’m involved in a variety of Sarah Court – GTA Consultants

newplanner | SEPTEMBER 2012 | 27 NSW Consulting Planners Clare Swan, Convenor, NSW Consultant Planners’ Network

This month we bring you details of three different projects which highlight some of the diversity in the consulting planning world.

Successful Negotiations for Riparian Corridor Outcomes (Brown Consulting - NSW) The NSW Office of Water released updated guidelines on the 1st July 2012 regarding controlled activities on waterfront land. The Elizabeth Hills development had to comply with the former guidelines for the preservation of riparian corridors which were more stringent. Brown Consulting was able to negotiate with the relevant authorities a better environmental and water management outcome. Elizabeth Common practice is to locate Water system to enhance the biodiversity and Hills has subsequently been nominated for Sensitive Urban Design (WSUD) elements ecosystems of the area. This result is a the 2012 UDIA Design and Innovation and separately to the preserved riparian ground-break success in the delivery of Stormwater Industry Awards. corridor areas under the provisions of water management features. the Water Management Act 2000. The The 56ha Elizabeth Hills residential challenge was to implement innovative How it works subdivision is located adjacent to Cecil methods of WSUD while respecting Hills in the Liverpool City Council area. the required landscape and ecological The innovative design of the riparian The property is traversed by the upper design outcomes for the tributaries of corridor incorporates WSUD stormwater tributaries of Hinchinbrook Creek and Hinchinbrook Creek. treatment facilities in the form of rain contains 12ha of riparian corridor land. gardens, open water bodies and gross The first two stages of the subdivision are Outcome pollutant traps within the central creek now complete along with the first phase of system. The design incorporates a ‘chain riparian corridor works. The stormwater management strategy of ponds’ morphology which is endemic incorporates WSUD works within the to Western Sydney. The landscape design Stormwater Management versus riparian corridor to simultaneously improve provides a seamless transition between water quality, create a water feature and an WSUD and ecological elements combining Riparian Corridor Conservation aesthetically pleasing naturalistic habitat to create one central ‘green’ corridor which invites human interaction with viewing platforms, cycleways and passive recreation spaces. A naturalistic form to the geometric design of earthworks was provided; large trees felled and recovered from the site were anchored into the creek to mimic natural erosion protection and bank stabilisation in place of traditional rock armouring.

Challenges The challenges of the site included the creek flood planning and impacts of high salinity. Two solutions were devised including the separation of surface and groundwater by a chemically treated clay liner and by a pressure relief system where a sub-surface drainage network assisted in

28 | SEPTEMBER 2012 | newplanner controlling ground water level. The creek Gregory Hills and Central Hills for a wide variety of project Development was identified as a terrestrial and aquatic Business Park Applications. habitat with a focus on preservation of the habitat and natural features. Woody debris Development Planning Strategies has been The project has been successfully was also incorporated to mimic naturalistic the principal urban designers and planners embraced by the market, with strong land erosion protection and stabilisation of for the Gregory Hills project near Camden sales for both the employment lands and the creek. The stormwater management for over 8 years, playing a key role in the residential neighbourhoods. Since mid design had to address the possibility of developing, guiding and delivering the land 2010 the project has achieved over 400 flooding and upstream dam break in order owners vision for a new community built on residential lot sales, reflecting the value to protect future public assets. traditional neighbourhood principles. in delivering a well planned and designed neighbourhood based community and news The solution of combining stormwater The Gregory Hills Development forms part ensuring the vision is maintained from the management techniques within a riparian of the Turner Road Precinct, one of the first robust Master Plan through to residential corridor is a highly effective and efficient Precincts planned and released within the lot layout. use of the riparian corridor proving to be NSW State Government Growth Centres. cost effective and practical whilst also The project encompasses approximately The project recently celebrated the providing a major aesthetic feature of 2,500 residential lots and the adjoining 45 opening of the Marcellin Park situated in the development and not compromising hectare Central Hills Business Park. the heart of Gregory Hills. The highlight of Marcellin Park is the existing stand environmental outcomes. The ability to DPS played a pivotal role in establishing a create a naturalistic habitat that is an of trees, some more than 50 years old, benchmark for urban design, planning and which were retained during preparation attractive drawcard for the Elizabeth lot layout design and delivery under the Hills development is a positive outcome of the Indicative Layout Plan and detailed Growth Centres policies, working closely subdivision layout design. It is named and will be a blueprint for future urban with the land owners, Camden Council developments. after the founder of the Marist Brothers, and Department of Planning to deliver the Marcellin Champagnat, and reflects the Brown Consulting (NSW) was responsible Indicative Layout Plan and rezoning of the historic role the Marist Brothers have for project management, planning, site in a record timeframe. played as the landowner at Gregory Hills. stormwater management and engineering DPS prepared the Indicative Layout design and construction supervision. Plan and Master Plan for the project, advised the land owner on state and local Spit Junction Master Plan (JBA government development policies, and Planning) prepared submissions on various aspects of the project. JBA Planning is currently preparing the Spit Junction Master Plan for Mosman The Gregory Hills Master Plan focuses on Council. JBA Planning’s team (including the creation of a new community anchored Straight Talk, Choi Ropiha Fighera, Davis around a village centre. The design draws & Langdon and GTA) are working closely upon the high scenic qualities of the site with the community to deliver ‘The People’s that commands panoramic views to the Junction’, a place where pedestrians are scenic hills, South Creek corridor, Blue prioritised and attractive to residents, Mountains and Razorback Mountains. business, shoppers and visitors. The adjoining Central Hills Business The Master Plan will identify opportunities Park is a major new employment for improvements in accessibility, providing node incorporating a balanced mix of more housing and employment, enhancing commercial and service industrial activities economic viability and improving vibrancy. and has been designed to seamlessly It will also recommend improvements to transition with adjoining residential the visual and aesthetic qualities, amenity, development, providing easily accessible liveability and overall attractiveness of Spit localised employment opportunities for Junction. future residents.

The Master Plan incorporates a site DPS adopt a whole of life cycle approach The Growth Centres approach to land use feasibility study for Mosman Civic Centre to project design and delivery, preparing planning, as demonstrated in the Turner to deliver a vision for a new civic heart for detailed subdivision plans for the first Road Precinct Plan, are a good model for Mosman LGA. The concept plans include development stages comprising over 500 the government to emulate under a new new Council chambers, library, art gallery, lots and Central Hills Business Park and Planning Act that promotes a strategic social services and public plaza. preparation and negotiation of approval plan led hierarchy as outlined in the recently released NSW Government Green Paper.

Notification from RPS: RPS acquires Manidis Roberts International consultancy RPS is expanding its Australian presence further by acquiring Manidis Roberts Pty Ltd. FTSE 250 company RPS has been active in Australia since 2003, building its business through organic growth and the acquisition of market leading practices. Manidis Roberts joining RPS will boost RPS’ resources and expertise, particularly in the infrastructure and urban utilities sectors in NSW and Victoria n

newplanner | SEPTEMBER 2012 | 29 Opinion - Planning Follies

Richard Smyth, Director, Smyth Planning

It is often claimed that the biggest impediment to economic development in NSW is the planning system.

It takes ages for applications to be processed by Councils or even the Department and then of course there is the Land and Environment Court and Court of Appeal. A recent matter in Liverpool illustrates the follies in the system and why the review of the existing legislation is so important. If NSW is going to be the growth State as it was in the Wran era of the 1980s then the current situation needs to be rectified. Since those days the legislation has been made more complex by amendments or “simplification” by Ministers who thought they knew everything, but only made matters worse and increased delays and removed transparency. About 20 years or more ago, a suburb of Liverpool called Hoxton Park was planned. The design included roads, and drainage lines and subdivision layout. Cutting Perhaps an understanding of the other Judges in similar cases and ruled that through the suburb was a man made development application at the heart of the intent of the legislation had been met. “creek” with vegetation growing along its the problem will add a perspective. The Hence the Judge allowed works to proceed. banks; indeed the creek may have been cut application that caused the problem was for through that vegetation. Over time some The Resident Group then challenged that an Islamic School. There were numerous of the trees on the creek’s banks became decision in the Court of Appeal. There the objections to the proposal and after recognised as an endangered species. The three Judges decided that although the Council approved the Planning Director’s suburb plans included places where roads notice listed the approval as available for recommendation to allow the school to crossed the creek, and each developer inspection, the notice did not say “during proceed, the Planning Director’s car was of the land in the suburb contributed to normal office hours” as required by the trashed. A few months later the Council the costs of building the creek crossings legislation. It was therefore invalid and Chamber and Offices were burnt to the (culverts) under Council’s Plan. thus the work on the whole project had ground. That was not the end as Council’s to stop until it was all re-approved by the run of bad luck continued in the Courts. At one of those crossing points there were Council or the Court. just three trees on the road alignment; just Some nine months after Council’s approval, three trees that had to be removed - two To this stage over $4m had been spent the local Residents’ Group commenced common trees, and one of the so called“ on the site with nearly 100 students proceedings in the Land and Environment endangered species”. Hardly a crisis matter attending school in the demountables. Court, listing a number of matters of when there were plenty of similar trees The Judge allowed the School to continue concern, or faults in the application or in just upstream of the culvert site that would to operate for a year; enough time for a Council’s processing of the application. not be impacted by the works. Indeed the new application to be prepared and filed whole creek bed is also home to numerous As noted above and because of the and hopefully approved by the Court. weeds that impede creek flows and cause existence of the old plan of the suburb, the Meantime no work is proceeding on local flooding in times of high rainfall. The Council imposed a condition requiring the the half built main building while a new normal flow in the creek is barely a trickle culvert to be constructed. The Judge found application is being prepared to obtain that one can easily step across. that Council had imposed that condition approval to finish the School. Is it any without considering the impact of the wonder that entrepreneurs do not stay Given that background one would not culvert on the sensitive vegetation in the long in NSW? have thought that a Council condition creek bed. Mind you one could ask if the on a development application requiring As an aside, Liverpool Council has Judge had actually seen the location of the culvert to be built by the developer modified its advertisement to include the the culvert and appreciated the minimal could have caused the whole half-built four missing words, but a wise move would amount of sensitive vegetation affected. development to be declared invalid and be to include the actual street address of stopped because of the Council’s failure to However the Judge ruled that the the place of inspection and also to state consider the impact on the vegetation of Residents’ action was time barred because the times that cover the normal office the culvert before it imposed the condition. they had not challenged the consent within hours, say from 9am to 5pm or whatever. The vegetation being mostly weeds and three months of Council’s notification as The notice would then be complete and three trees, only one of which was an allowed by the Act. Even though the notice hopefully not vulnerable to challenge on endangered variety. was deficient the Judge accepted it as had this aspect n

30 | SEPTEMBER 2012 | newplanner feature | 2065 es WaL th Integrated Design Solutions Design Integrated W soU | SEPTEMBER 2012 | 31 IDS isUaLisation planner new www.integrateddesignsolutions.com.au sUite 01, 20 chandos street | st Leonards | ne GroUnd fLoor | sUite 01, kacare internationaL desiGn competition - 3d V kacare internationaL t 02 9437 3600 f 02 9437 3666 or simon perry derek mascarenhas contact 3d VisUaLisation 3d Graphic desiGn systems GeoGraphicaL information interactiVe mULtimedia architectUre Landscape

Transport Planning Planning Transport Sustainability | Sustainability Sarah Tasic Sarah Tasic E [email protected] Andrew Hulse | E [email protected] Penny Hall | Landscape Architect E [email protected] | Cities NSW Department of Planning, Centres Design Guidelines Visualisation: ©Arup Visualisation: Department of Planning, Centres Design Guidelines NSW We shape a better world | www.arup.com We Level 10, 201 Kent Street Sydney NSW 2000 Level 10, 201 Kent Street Sydney NSW +61 2 9320 9320 T Sydney office E [email protected] Peter Rand | Planning Approvals E [email protected] Diana Griffiths | Urban Design Civil and Traffic Engineering | Project Management | Traffic Civil and Williams Tim E [email protected] Landscape architecture | Environmental design | Sustainability | Landscape architecture | Environmental design | Sustainability | Urban design | Transport planning | Stakeholder Consultation | planning | Stakeholder Consultation Transport Urban design | The times, they are a changin’

Streamlining the System really matter. A lot of time and energy is spent debating things – especially in metropolitan areas - on extent of glazing/ roof Continued from page7 pitches/ paint colours/conservation issues in areas that have possibly marginal conservation value.

Why do we have or need rules? I think a large part of their Our private sector planners also have a role here. They need purpose is to: to step up and be prepared to give clients reality checks. Local government should not be the only ones with this responsibility • Provide consistency in the planning of our cities, towns and - essentially always being seen to be the bearers of bad news for suburbs. unrealistic development proposals. • Provide legal basis for development, including the valuation of properties. In our day-to-day assessment roles we need to: • Identify what you can and can’t. • Determine the location of particular land uses. • Step back from the minute – some things don’t matter • Seeks to establish a balance between public and private rights. • Have a clear understanding of what matters – building siting • Control and manage the development. and form – in many cases whether it is a pitch or flat roof Our rules are often criticised as being inflexible, too flexible, won’t matter legalistic, multiply layers, too many words etc. • Allow cities to evolve – embrace change • Facilitate development – how to make it work as opposed to The rules sit within a legislative framework – so they have legal constantly looking for what is wrong force. The logic is that this gives some certainty around what can • Prepare frameworks that give weight to the key issues that and cannot happen – tied to individual property expectations. The are of broader importance – infrastructure and housing rules operate as a series of gates to a development proceeding. provision for example They are both enabling and restrictive – providing a framework • Foster a more collaborative approach for where and how development can and cannot occur. However in advocating for lesser rules, fewer words, less The rules also enable a strategic framework for decisions such prescription, comes a responsibility on those making as infrastructure investment – where is population growth to be applications, preparing supporting documents and designing directed, zoning to allow development, land reserved for facilities developments. This probably requires some means to be able to needed to support growth etc nominate who can make and prepare applications, assess and determine them and the base skills necessary. My observations about our current controls are that they have become: 5.0 Conclusion • Pitched at the lowest common denominator. Our system needs streamlining –we have to change the rules • A never ending list of matters to be considered which has and the culture surrounding the management of public and grown in length with little purpose and a critical absence of private rights. We need to decide what the System should do. weightings. The outcome – things that really matter are lost Now is the time to influence how our system is shaped n or no longer stand out. • Too detailed, too prescriptive, and often inconsistent. The rules need changing. We need to:

• Identify the things that matter – what actually needs controls. • Change the reliance on such a legalistic framework. • Move to permissiveness as opposed to restriction. • A more limited approach to prescription. • Graduation of merit assessment with lower order development being codified. • Limit controls to envelope, height and site coverage. planning y urban design y development advice • Let the detail be design driven – with minimal prescription. y y • Write less words. expert evidence traffic

Clear weighting to policy and controls is missing. What happened to altruism? Our current system does not provide appropriately KEY TEAM MEMBERS: for a proper consideration of the greater public benefit. Gary A Shiels M Urb Design, M Eng Sc, M Urb Stud, 4.0 The Culture LFPIA, CPP, FAPI, FAIM, Planning, and by extension the profession, is often criticised for a prevailing attitude of stopping or preventing development. This George Karavanas BTP, M Eng Sc, MPIA, CPP, MAITPM is a real issue. How can we turn it around so it becomes one of Gary A Shiels facilitation – “how can we make this work”? Managing Director Mission Statement: Our culture has evolved within a highly politicalised environment Our company aims to continually strive for where, particularly in metropolitan Sydney, communities have a professional excellence and client lot of input and scrutiny into the process. satisfaction in the provision of our planning As a planner working in a regulated environment, this level services. of scrutiny can bring a level of conservatism – the need to demonstrate that every policy or rule that is written has been Our continuing challenge is to keep pace addressed, more words to potentially avoid litigation as well as with the ever changing demands of the words to answer the continued scrutiny post recommendation urban environment. because somebody or everybody will be dissatisfied with the George Karavanas Director outcome. When working in government I sometimes felt that if I had pleased no one – I had done my job. This is partly also 95 paddington street, paddington nsw 2021 the inevitable outcome of the current layer and myriad of rules t: (02) 9362 3364 f: (02) 9362 3073 within our Planning System. email: [email protected] I think that the wordiness and complexity of controls has caused web: www.gsaplanning.com.au us to lose the ability to identify the key issues and things that abn: 18 003 667 963

32 | SEPTEMBER 2012 | newplanner

The times, they are a changin’

The times, they are a changin’ that too often form the basis for policy responses. That analysis should be the first step in the Community Plan Continued from page 10 development. That analysis might then be expanded through detached, disciplined research of community preferences and Bob Dylan once observed! perceptions of need in specific places. “As the present now will later be past, The order is rapidly fadin’-… That knowledge in turn can become the basis of engaging communities in a structured, disciplined, reality based For the times they are a changing.” featurew dialogue about the future of their place and the priorities to be That could well describe the situation faced today as we placed on delivery of services and amenities needed to secure prepare to shape Sydney over the next 25 years. Some of the that future. I stress structured and disciplined dialogue, perceived changes and some issues that I think might be avoiding the noisy voices or the warm Town Hall glow. explored and better understood if the social objective of the intended strategy is to be delivered are discussed below. I Applied in this way , the Community Strategic Planning hasten to add there will be many more seen by others. process can become a starting point for addressing criticism of the planning system’s failure to engage communities at a • The changing nature of households. It has been suggested point when critical planning decisions for a place are being that traditional household makeup is changing. Offspring formulated. are extending their home stay into adulthood. Both parents often pursue fulltime careers, generating demands for A parallel approach might also be employed for the child care that is increasingly supplied by retired family metropolitan sub-regions. Here Regional Offices of the members. More people are ageing and the home will Department of Planning and Infrastructure and Regional increasingly become a centre for their care. That care will Organisation of Councils equipped with a similar census be supplied to various degrees by their offspring. Is there analysis and research of subregional service needs could scope for “a new house in the suburbs”, one that can engage in a dialogue with individual councils, key agencies independently accommodate two mature generations of and key subregional environmental, social and economic family simultaneously over time? interests. That approach would inform the subregional strategic framework and here too, install more confidence in • Unit living. More people choose to live in units. Who are the planning process. they? What drives this choice, what style and type of public amenities and spaces do they seek to satisfy social needs The scene does seem to be set for Sydney planners to become and preferences that might once have been provided in a less focused on regulation and more as agents of place traditional neighbourhood? change. But as Bob Dylan also cautioned –Don’t speak too soon - For the wheel’s still in spin n • Housing affordability is a recognised challenge for Sydney and one critical to the intended Strategy’s social objective and the City’s effective functioning. Are current responses adequate? • Older places are changing. Inner and middle ring suburbs, and older localities near established outer centres, once unattractive to new home seekers, are being reinvented by younger people attracted to a more convenient and urban Design Collaborative lifestyle than that offered by new suburbs. These places generally have access to transport, established community Pty Ltd facilities and public amenities better than that available to the newer greenfield suburbs. The allotments here are often larger than many now being developed at the edge. Planning and Development These suburbs are being “renovated” largely by one old house making way for one new house. Is a more strategic Consultants approach to this renovation that allows more people to locate near these assets while retaining the traditional Urban Planning – Statutory Planning – Expert Testimony – Development Advice neighbourhood character of these places warranted. Can their renovation borrow from earlier housing forms such Dedicated to producing environmentally- as terraces and semi-detached houses to secure more responsible, but practical, solutions to housing? multi-faceted design, development and • Earlier greenfield suburbs. Households here are ageing. research problems in urban and What does this mean for the services these places will need to provide? How will services beyond the suburb be environmental planning and development. accessed by ageing residents? • Changing cultural make up. Sydney continues to attract Principals people from other lands, increasingly from non- European George Smith, BSurv(QLD), MCP(MIT), MIS, FPIA, cultures, who bring with them their unique cultural MRTPI, FAPI, CPP practices and backgrounds. How will these cultures be recognised in the planning of places? Harvey Sanders, MPhil (Lond), MSc (Reading), FPIA, The need for Councils, post the coming elections, to prepare MRTPI, MRICS, CPP Community Strategic Plans provides a trigger for planners James Lidis, BTP (UNSW), MPIA, CPP to increase public policy focus on the planning and role of places. www.designcollaborative.com.au The release of the census data allows a rigorous analysis of the social reality of each LGA. That can provide a [email protected] contemporary, fact based picture of the of the LGA’s Suite 401, Level 4 225 Clarence St Sydney NSW 2000 constituent places and the trends of change at work, Ph: (02) 9262 3200 Fax: (02) 9262 3601 replacing what I term the “myth-conceptions” of place

newplanner | SEPTEMBER 2012 | 33

- IN THE NEWS - Up north It is estimated that an additional Corporation has celebrated the 10,000 people will move to 20th anniversary of Newcastle’s Airport. The scoping study will

Coffs Harbour in the next 20 Honeysuckle urban renewal involve economic, social and across the State. years. The ABC has reported project. In 1992 the Honeysuckle environmental investigations to The SMH has reported that that Coffs Harbour City Council Development Corporation (HDC) assess the impact and viability farmers are calling on the is investigating whether land in was established to revitalise the of an airport at Wilton. It will Premier to intervene in the the North Boambee Valley can 50-hectare site and reconnect also explore the use of the RAAF development of a policy for how be re-zoned residential to cater Newcastle with its harbour. Base at Richmond for limited civil coal and coal-seam gas mining for a new urban sub-division, HDC Chairman Paul Broad operations. is conducted in NSW. The NSW housing up to 5,000 residents. said the project had generated The Department of Planning Farmers Association and the NSW The Council says there may also over 7,000 jobs and $2 billion & Infrastructure has recently Irrigators’ Council both raised be potential for commercial and in economic activity, while HDC released an updated Darling concerns about the Government’s industrial zones, so that people General Manager Bob Hawes Island Masterplan. This extends aquifer interference policy in who move to the site can live close said it had delivered much more the area where residential uses the Herald, and are reported to to employment. than just a popular dining and may be allowed to include the be upset that some of the most recreation precinct: “almost the remaining undeveloped portion of controversial mining proposals A developer has been fined over entire site has been cleaned up habitat destruction in Great the site. The changes were subject will not be subjected to the aquifer from industrial contamination to a public exhibition period in policy under the latest plans. Lakes. The Land and Environment and extensive repairs carried Court has handed out fines March 2012 and include allowable Interstate and national out to seawalls”. He also noted, dimensions for any new buildings. totalling more than $50,000, to “these works were not designed Former Victorian Government be paid to the National Parks Continuous public access is still to generate profit, but public required along the waterfront. Minister Bronwyn Pike will head and Wildlife Fund, for illegal land benefit in the form of long term South Australia’s new Urban clearing at Forster. The developer renewal, improved amenity and The SMH has reported that the Renewal Authority, the ABC has pleaded guilty to clearing 1,600 a legacy for future generations”. public will have a say in the fate reported. The Authority combines square metres of squirrel glider The Honeysuckle project is of the 38-year-old Ports Control South Australian Government habitat, and has been ordered to ongoing and two new commercial Tower at the northern end of agencies such as the Land engage a bush regenerator and developments are soon to Barangaroo. The Barangaroo Management Corporation and ecologist to prepare a remediation commence: a 20,000 square metre Delivery Authority bought the Housing SA. The SA Government plan for the damaged habitat. Honeysuckle Central project and 87-metre structure from Sydney says the Authority will have the job Inland new corporate headquarters for Ports for $2.6 million earlier this of finding land and public housing The Greater Building Society next year. The tower nicknamed ‘’the The SMH recently reported areas in Adelaide for urban to the Hunter Water building. Pill’’ is considered an eyesore by renewal projects. that the Planning Assessment some; however, it is listed on the Commission has approved a Down south Sydney Ports Corporation Heritage The ABC also recently reported new coal mine near Narrabri in The SMH reported that the State Register, which describes it as that the Victorian State north-western NSW. The Boggabri Government has completed a ‘’historically significant…and also Government has re-zoned a Coal Mine, operated by Idemitsu scoping study for a long-term aesthetically significant for its 240-hectare area at Fishermans Australia, will involve digging an lease of Port Botany, which also landmark qualities’’. Bend in Melbourne to allow for open-cut pit about five kilometres residential development. This is identified growing commercial NSW wide to remove seven million interest in Port Kembla. The Port the largest re-zoning of urban tonnes of coal a year until 2033. will be leased for an estimated In July, the NSW Government land in Australia. Four new high- The process will also include $500 million, with $100 million in released its Green Paper, A density suburbs – to house up to the clearing of 1,300 hectares of revenue earmarked for spending New Planning System for NSW, 50,000 people – are planned. native forests. The Commission on the Illawarra’s infrastructure which outlines how to make the According to the Brisbane found that ‘’the potential impacts needs. According to SMH, planning system simpler, more Times, senior planning and of this project on biodiversity the arrangement appears to user-friendly, and better suited growth management roles are substantial’’, but could be contradict the Government’s to the needs of the community have undergone a shake-up in managed if ‘’stringent conditions’’ assurances in August that it had and industry. The Green Paper Queensland’s Department of were met, including allowing a no plans to privatise NSW ports. builds on a two-volume report State Development, Infrastructure large tract of forest to remain as a released by an Independent Panel Sydney and Planning. The restructure biodiversity corridor for animals to appointed to review the planning has seen several key planning move through. Nine new light rail stations will system; the Panel members were figures leave the Department, Central Coast and Hunter be built, expanding the transport former Environment Minister while the chief of the Urban Land service network from Lillyfield the Hon. Tim Moore and former The ABC has reported that revised Development Authority, Paul to Dulwich Hill. Premier Barry Public Works Minister the Hon. Eagles, has moved into a senior plans have been unveiled for a O’Farrell said the extension would Ron Dyer. Paper proposes to waterfront development at The role heading up the Department’s be open for the first passengers involve the community early in Planning section. Entrance. The 350 million dollar by 2014. The Government has also guiding planning decisions, place managed resort and residential promised a feasibility study of more emphasis on preparing good In its latest World Economic development will include seven light rail along Anzac Parade. policies upfront, reduce red tape Outlook, the International towers ranging from 16 to 31 and delay for the assessment of Monetary Fund (IMF) stated storeys, hundreds of residential The Federal Government that the Australian economy is is supporting local jobs in development application, promote and tourism apartments, a five- a ‘can do’ culture in the planning expected to grow by 3.0 per cent star international hotel and almost western Sydney with a new in 2012 and 3.5 per cent in 2013. employment precinct receiving system, and ensure Councils and 2,000 car parking spaces. the Government are accountable Looking forward, our economy is support under the Suburban estimated to grow by an average Three Upper Hunter communities Jobs Program. The University for delivering results. According to have been granted New South the ABC, there had been criticism annual rate of 3.4 per cent of Western Sydney will receive between 2012 and 2017. This rate Wales Government funding to $13.5 million to create the from Councils, who believed the give some of their streets a face- original consultation period was will well exceed that of the USA, Werrington Park Employment Canada and the UK, and is more lift according to the ABC. More Catalyst: a business park designed too short to enable comprehensive than $1.5 million dollars will be responses because it overlapped than double that of Japan, France, to attract businesses to western Germany and Italy. shared by Scone, Murrurundi and Sydney. with local government elections. Aberdeen to make improvements The consultation period for local Good news story The ABC has reported that the to nine streets. councils has been extended to In 1911, the Griffins enclosed an City of Sydney Council is moving Friday 5th October. ABC News has reported that to have graffiti and other street essay with their competition entry Gosford Council has decided to art listed for heritage protection. A media release from NSW for Canberra, which contains repeal its sea level policy. Lake The Council says it wants to set Planning and Infrastructure the original prose document Macquarie Council has also up a mural register for artworks Minister, Brad Hazzard, has and diagrams outlining their chosen not to adopt a sea level around the city, which would announced the creation of a new grand vision for the Capital. It rise planning clause after criticism include maps, photographs and organisation, Urbangrowth features quick scribbles and from property owners, who argued information about what each NSW, which will drive investment spelling errors that historians say that sea level warnings attached artwork means to the community. in key locations in NSW, and illustrate the couple’s panic to to their property certificates help to underpin the future submit an entry before the close would decrease house prices and The Federal Government prosperity of urban and regional of the competition. The original increase insurance premiums. has appointed technical centres. Urbangrowth NSW essay had been lost for decades experts and consultants for The Hunter Development will integrate Landcom and the but was recently rediscovered in a a scoping study into Wilton’s Sydney Metropolitan Development storage container in an industrial suitability as a second Sydney Authority (SMDA), and will lead estate in Fyshwick, UK, and is now development in identified projects kept in the National Archives in Canberra. 34 | SEPTEMBER 2012 | newplanner Snapped - The Shard

Stephen McMahon, Director Inspire Urban Design + Planning news

On 5th July, “The Shard” - London’s newest and Europe’s tallest skyscraper - was opened. It was designed by Renzo Piano.

He was inspired by the railway lines next to the site, the London spires depicted by the 18th-century Venetian painter Canaletto, and the masts of sailing ships. His approach was criticized by English Heritage, which claimed the building would be ‘A shard of glass through the heart of historic London’, giving the building its name. The glazing is intended to reflect sunlight and the sky, so that the appearance of the building will change according to the weather and seasons. The Shard stands 309.6 metres high with 72 habitable floors, 54,500 sqm of office space, a public viewing gallery, 5 star hotel, open-air observation deck and ten residential apartments. It also incorporates upgrading of London Bridge Overground and Tube stations. The apartments are priced at £50,000,000 each. Numerous teams of “urban explorers” have illegally entered and climbed the building; while more than a dozen BASE jumps have taken place in the previous three years. The Shard’s construction was financed by a Qatar based Sharia-compliant investment consortium. Therefore the tower’s tenants are subject to certain conditions. For example, most banks and companies connected to either the gambling or alcohol industries are unlikely to receive permission to lease space. At this time no major tenants have committed to leasing space in the building. Source of information and images: Wikipedia, networkrail.co.uk; wasaweb.net; forumskyscraperpage.com; skyscrapercity.com

newplanner | SEPTEMBER 2012 | 35 NOMINATIONS

The annual Planning Institute of Australia (PIA) Awards for Planning Excellence demonstrate leading practice, leadership and achievement in planning and the planning profession.

Nominating for the NSW Awards is your opportunity to celebrate achievements and to both recognise and acknowledge contributions to planning in NSW. Nominations are now being received in 14 categories. The Awards entry information package is available on the PIA NSW website at http://www.planning.org.au/nswcontent/awards Entries are due at the PIA NSW office by Friday 28th September. The 2012 Awards for Planning Excellence will be announced at a Gala Dinner to be held on Tuesday 13th November at Doltone House Jones Bay Wharf, Pyrmont.

Please visit the website or contact the NSW Office on 02 8904 1011 or email [email protected]