NSW councils could have the power to issue a “stop-work” on low-impact development under proposed changes to the state’s planning legislation.
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The reforms would give council the ability to pause development done under a complying development certificate – a combined planning and building approval – as council had “limited time” to apply checks and balances to such a speedy process.
Albury MLA Greg Aplin said it would help council stop unapproved work.
“The proposed power is temporary in nature only, being limited to seven days, and it will be limited to genuine complaints about building work not complying with a CDC,” he said.
The plan stated some councils were concerned “there had been an increase in the number of developments being built without appropriate approvals”.
Mr Aplin said the act would be amended to prevent planning authorities from giving retrospective approval to a development modification that’s already been completed.
“If developers want to go beyond the original consent, they should seek approval of a modification before they start that work,” he said.
“Closing off the possibility of retrospective approval of work creates a strong disincentive, and over time will ensure a cultural change that will limit examples of work outside the scope of the approval occurring.”
NSW Planning Minister Rob Stokes said the updates aimed to enhance community participation in planning.
All councils would be required to prepare a community participation plan, outlining how residents’ input would be sought for an upcoming development.
Councils would then have to provide a statement of reasons as to how such input was taken into account.
Councils are currently required to review local environmental plans – but how often is up to their discretion.
Mr Aplin said councils would now have to do a five-yearly LEP check.
“It would be a preliminary assessment of whether external or local factors, such as demographic change, warrant changes to the LEP or even a full review,” he said.
Further legislation updates include giving power to the Department of Planning and Environment secretary to resolve conflicts between council and other agencies.
The government is seeking feedback before a final bill is tabled in early 2017.
To have your say, go to: www.planning.nsw.gov.au/legislative-updates.
