4itk Premier NSW-- GOVERNMENT & Cabinet Ref: A3203804 Mr David Blunt Clerk of the Parliaments Legislative Council Parliament House Macquarie Street Sydney NSW 2000 Dear Mr Blunt Order for Papers - Supplementary Return - Urban planning and population density I refer to the resolution of the Legislative Council under Standing Order 52 made on 8 August 2019 and your correspondence of that date, concerning urban planning and population density. I am now delivering to you documents from the Department of Planning, Industry and Environment referred to in that resolution and in my letter to you of 12 September 2019. Enclosed at Annexure 1 is a letter from the Secretary of the Department of Planning, Industry and Environment, advising that all documents covered by the terms of the resolution have now been provided. Enclosed at Annexure 2 is an index of all of the non-privileged documents that have been provided in response to the resolution. In accordance with item 5(a) of Standing Order 52, those documents for which a claim for privilege has been made have been separately indexed and the case for privilege has been noted. Enclosed at Annexure 3 is an index of all privileged documents and a submission in support of the claim of privilege. I note that submissions in support of a claim of privilege may sometimes reveal information that is privileged. To the extent that they do, such submissions should be considered to be subject to the same confidentiality as the documents over which the privilege claim is made. Should you require any clarification or further assistance, please contact Ms Kate Boyd, General Counsel, on telephone (02) 9228 4393. Yours sincerely Tim Reardon Secretary 11 February 2020 52 Martin Place, Sydney NSW 2000 • GPO Box 5341, SYD Tel: (02) 9228 5555 • www.dpc.nsw.gov.a \ .,.... Planning, ~,,,. Industry & NSW-- GOVERNMENT Environment Office of the Secretary MDPE19/2960 Mr Matt Richards A/Executive Director, Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000 Dear Mr Richards Standing Order 52 - Order for Papers - Urban planning and population density I am writing to you about the above mentioned order for papers. The Order seeks the following documents: a) All documents directly relating to the urban planning and population density exemptions granted to the City of Ryde in May 2018 b) All documents directly relating to any further urban planning and population density exemptions granted to other Sydney local government areas c) All documents concerning the assessment of Sydney local government areas whose services and infrastructure cannot cope with increasing residential population levels where advice has been provided to the Government about overdevelopment, as per the Premier's statement in August 2018 that some parts of Sydney "cannot handle extra development", and d) Any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House The Department has interpreted points a, b and c to refer to the deferral of the commencement of the Low Rise Medium Density Housing Code (the Code). It is unclear what an "urban planning and population density exemption" may comprise, and we have provided the attached material regarding the Code on the basis that this is what is sought by the House. I note that all documents over which the Department is claiming privilege were provided to the Department of Premier and Cabinet on 25 November 2019. I now seek to provide the remainder of the documents falling within the scope of the order. Certification I certify to the best of my knowledge that all documents held by the Department of Planning, Industry and Environment that covered by the terms of the resolution and lawfully required to be provided, have been provided. 320 Pitt Street Sydney NSW 2000 J GPO Box 39 Sydney NSW 2001 J planning.nsw.gov.au If you have any more questions, please contact Mr Cameron Davies, Manager, Information Access & Privacy, Legal Services, at the Department of Planning, Industry and Environment on (02) 8217 2088. Yours sincerely Jim Betts 0.3FEB 2020 Secretary Encl. Index of documents produced Copy of documents produced 320 Pitt Street Sydney NSW 2000 I GPO Box 39 Sydney NSW 2001 I planning.nsw.gov.au ~ Annexure 8- Non-Privileged Document index DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT - PLANNING ORDER FOR PAPERS- URBAN PLANNING AND POPULATION DENSITY Document No. Item Document Date of creation Author Privilege claim Y/N? A (a) all documents directly relating to the urban planning and population density exemptions granted to the City of Ryde in May 2018 A001-NP (a) all documents directly relating Email -Application of Low Rise 11 April 2018 DPIE and Minister's No to the urban planning and Medium Density Housing Code in office population density exemptions Ryde granted to the City of Ryde in May 2018 A002-NP (a) all documents directly relating Email-State Environmental 13 April 2018 Sparke Helmore No to the urban planning and Planning Policy Amendment Lawyers obo Ryde population density exemptions Council 1 0 Document No. Item Document Date of creation Author Privilege claim Y/N? granted to the City of Ryde in May2018 A003-NP Email attachment 1- letter- City of 13 April 2018 Sparke Helmore No Ryde Council - SEPP Lawyers obo Ryde Council A004-NP (a) all documents directly relating Email - FW_ Ryde Council - 18 April 2018 DPIE No to the urban planning and extraordinary Council meeting re population density exemptions medium density granted to the City of Ryde in May2018 ADOS-NP (a) all documents directly relating Email - RE Ryde; medium density 19 April 2018 DPIE and Minister's No to the urban planning and office population density exemptions granted to the City of Ryde in May 2018 A006-NP Email attachment 1-Word doc - 19 April 2018 DPIE No Ryde_Mayoral Minute_19Apirl_4.30pm 2 Document No. Item Document Date of creation Author Privilege claim Y/N? A007-NP (a) all documents directly relating Email - Ryde analysis - medium 19 April 2018 DPIE No to the urban planning and density population density exemptions granted to the City of Ryde in May 2018 A008-NP Email attachment 1- MDHC lot 19 April 2018 DPIE No numbers - Ryde - 180418 A009-NP (a) all documents directly relating Email - FW: Ryde analysis - medium 19 April 2018 DPIE and Minister's No to the urban planning and density office population density exemptions granted to the City of Ryde in May2018 A010-NP (a) all documents directly relating Email - FW Ryde maps 19 April 2018 DPIE No to the urban planning and population density exemptions granted to the City of Ryde in May 2018 A011-NP Email attachment 1-PDF- 19 April 2018 DPIE No MDC_Ryde_AII_003 3 Document No. Item Document Date of creation Author Privilege claim Y/N? A012-NP Email attachment 2 - PDF - 19 April 2018 OPIE No MDC_Ryde_AII_004a A013-NP Email attachment 3 - PDF- 19 April 2018 OPIE No MOC_Ryde_AII_OOS A014-NP Email attachment 4- PDF- 19 April 2018 OPIE No MDC_Ryde_AII_006 A015-NP (a) all documents directly relating Email - FW State Environmental 19 April 2018 OPIE and Sparke No to the urban planning and Planning Policy Amendment Helmore Lawyers obo population density exemptions Ryde Council granted to the City of Ryde in May 2018 A016-NP Email attachment 1- letter- City of 13 April 2018 Sparke Helmore No Ryde Council -SEPP Lawyers obo Ryde Council A017-NP (a) all documents directly relating Email - Mayoral Minute Analysis 19 April 2018 OPIE No to the urban planning and population density exemptions granted to the City of Ryde in May 2018 4 Document No. Item Document Date of creation Author Privilege claim Y/N? A018-NP Email attachment 1-Word doc- 19 April 2018 DPIE No Mayoral Minute Analysis A019-NP (a) all documents directly relating Email - FW Attention: Liz Coad - 20 April 2018 DPIE No to the urban planning and Low Rise Medium Density Housing population density exemptions Code granted to the City of Ryde in May 2018 A020-NP (a) all documents directly relating Email - Ryde maps 23 April 2018 DPIE No to the urban planning and population density exemptions granted to the City of Ryde in May 2018 A021-NP Email attachment 1-PDF - 23 April 2018 OPIE No Medium Density Housing Ryde 001 A022-NP (a) all documents directly relating Email - Ryde maps 23 April 2018 OPIE No to the urban planning and population density exemptions 5 Document No. Item Document Date of creation Author Privilege claim Y/N? granted to the City of Ryde in May 2018 A023-NP Email attachment 1-PDF - 23 April 2018 DPIE No Medium Density Housing Ryde 010 A024-NP (a) all documents directly relating Email - Copy of letter from DPE 24 April 2018 DPIE No to the urban planning and General Counsel to Ryde Council population density exemptions lawyers granted to the City of Ryde in May 2018 A025-NP Email attachment 1-PDF letter- 24 April 2018 DPIE No City of Ryde Council -SEPP A026-NP (a) all documents directly relating Email - Ryde Council Meeting - 24 26 April 2018 DPIE No to the urban planning and April 2018 population density exemptions granted to the City of Ryde in May 2018 A027-NP Email attachment 1-PDF - Council 24 April 2018 Ryde Council No meeting 24 April 2018 agenda 6 Document No. Item Document Date of creation Author Privilege claim Y/N? A028-NP (a) all documents directly relating Email - Clause 4_6 Varia.tions to 27 April 2018 DPIE No to the urban planning and minimum frontage - Ryde LEP population density exemptions granted to the City of Ryde in May 2018 A029-NP Email attachment 1-Word doc- Ryde revisited A030-NP (a) all documents directly relating .