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2012 NSW Planning System Review - Research and Background
Comments to: Marghanita da Cruz
Issues Paper Submissions
Deadline for submissions to Issues Paper extended to 2 March 2012
The issues paper asks: "Should ecologically sustainable development (ESD) be the primary objective of
legislation for a new planning system?"
What is Ecologically Sustainable Development
Ecological impact of Development is not constrained by National, State, Municipal Council or Government Agency Physical Boundaries, Jursidictions and Economic Interests.
For example, reintroduction of Mangroves to Rozelle Bay (Sydney)...Mangrove Battlelines: culture/nature and ecological restoration
Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. -www.environment.gov.au
- The Australian Building Codes Board addresses issues relating to safety, health, amenity and sustainability in the design and performance of buildings through the National Construction Code (NCC) Series, and the development of effective regulatory systems and appropriate non-regulatory solutions..www.abcb.gov.au
- The Building Professionals Board works to improve the quality of building construction and subdivision in NSW by regulating and educating building and subdivision certifiers.
Certification reassures consumers and approval authorities that building and engineering works meet national building standards and codes, and are fit to use and safe to occupy. Because of this, the certifiers accredited by the Building Professionals Board play a critical role in the building regulatory system.
The Board maintains an efficient, fair and effective system of accreditation, education, auditing and complaints investigation of accredited building and subdivision certifiers...www.bpb.nsw.gov.au
- The energy performance of a new building must be demonstrated when applying for building approval. The building certifier will require proof that a building will meet the mandatory minimum energy efficiency standards as part of determining whether to give building approval...ACT Building Energy Ratings
- NSW Building Sustainability Index (BASIX)
- In NSW there is no single government agency responsible for coordinating the management and containment of asbestos, there is no state-wide government plan for dealing with asbestos, there are gaps in asbestos legislation and funding to deal with these issues is inadequate. We have conducted a number of investigations into asbestos related issues in NSW and we provided a report to parliament (Responding to the asbestos problem: The need for significant reform in NSW) on the 17 November 2010....
- UK and Irish Ombudsman's Role in Planning
- The Land and Environment Court Act 1979 (the Court Act) establishes the Court as a superior court of record and vests power in the Court to determine a wide range of environmental, development, building and planning disputes. The Court is a specialised court that has the benefit of a combined jurisdiction within a single court...Land and Environment Court Jurisdiction
- ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5 Objects
"environment" includes all aspects of the surroundings of humans, whether affecting any human as an individual or in his or her social groupings. - www.austlii.edu.au
Role for Information and Communication Technology (ICT)
Free Access to Public and Online Information
- Role of Council Libraries as an access point - to improve public Accessibility of Information and Process
- Free Online Access to Land and Property Information
- Integrated Catalogue of Government Information eg Western Suburbs sewerage system, New South Wales] photo-lithographed at the Government Printing Office, Sydney, New South Wales trove.nla.gov.au
- Digitisation of Material
- future virtual 3D modelling of DAs against the existing landscape. This information is produced for
applications it needs to be incorporated into land management system.
- record keeping and access to Council Archives/Records NSW - Digitisation
Program (for pre-born digital information). Government Agency Commissioned
Reports Heritage should be on the public record/publically available online) - subject to comment.
- DA Tracking (Systems to enable and require Timely and comprehensive posting of information, Statistics (No of Applications, Scale of Applications, Time for approval of each level/size, Data on Appeals, Upheld/lost, contentions
The deemed approval, by state agencies, is not acceptable.
- Pre-DA Assessment: Advice on Process (should all be publically available on Council website - FAQ) -private advice should be minuted; FOI laws should apply; Reports on length of time for assessment (and hence default deemed refusal)of different scales (demolition/integrated/designated/variations from DCP, verification of plans) of development.
- Development Application Assessment publically available
Use of ICT in the Process
- Public/Agency Comment/Respond via electronic communication
- Tools to help verify accuracy of plans (shadow diagrams, sewerage, solar access, boundaries, water, electricity, gas, public transport, cumulative development), impacts and compliance
- Propriety and Transparency of Process. Standardised Assessment Report formats (each objection needs to be
addressed) - process and penalties for errors/ommissions are identified in plans/shadow
* Waste and litter
* Chemical and radiation
* Other environmental concerns
* Managing incidents
In most cases, concerns about pollution should be referred to the source or person causing the problem. The contact telephone numbers on this page should be used when an approach to the person causing the problem has not been or is unlikely to be successful...www.environment.nsw.gov.au
Traffic, use of Public Address systems/Amplified Noise, trains and trucks, windmills, aircraft including helicopters
hours/times of approved and unapproved construction noise.
Reporting noise pollution - who to contact
Where noise pollution (combined with another form of pollution) causes or threatens material harm to the environment, a number of authorities must be notified - see duty to notify.
Members of the public wishing to report or inquire about noise pollution should contact the organisation responsible for its regulation, as set out below...www.environment.nsw.gov.au
Heritage is all the things that make up Australia's identity - our spirit and ingenuity, our historic buildings, and our unique, living landscapes. Our heritage is a legacy from our past, a living, integral part of life today, and the stories and places we pass on to future generations....www.environment.gov.au
History of Plan making and Resource Management in Sydney and Australia
- County of Cumberland Planning Scheme
- Act to make further provision with respect to the town and country planning
scheme for the County of Cumberland:
www.ramin.com.au/eco-sydney/NSW-Planning-Review-2011-background-research.shtml © Ramin Communications 2008-2012. Last modified 1 March 2012.