NSW state government stops councillors determining development approvals

As of 1 March, the NSW state government has stopped councillors in Canada Bay from determining the outcomes of any development approvals (DAs). The excuse is to stop corruption. The “solution” is to remove the democratic influence of councils on development across Canada Bay, with the NSW government grabbing control and planning laws made even more developer-friendly than before.

Until now, DAs which were controversial were passed from council staff to the councillors. The decisions were made in an open council meeting, where people for or against a development had the chance to speak. But now, because of new NSW state government law, our councillors will no longer have any role in these decisions. Instead, they will be made by planning panels called IHAPs (Independent Hearing and Assessment Panels) – all across Sydney and Wollongong.

In most cases, the outcome would be the same. But in some cases it would be different, because elected councillors are concerned not just about following planning rules, but representing the community’s best interest. Councillors are accountable to the community and can be later voted out of office if enough people disagree with them.

This legislation is the latest example of the NSW state government taking power away from democratically elected local councils, and imposing their own rules. The fees for the extra bureaucrats are paid for by the council. If a party appeals to the Land and Environment Court against an IHAP decision, the council (who had no say in the decision) has to foot the legal bill. I still don’t know if the IHAP will make decisions in public, and when their meetings will take place.

Who asked for this backward step? The real estate industry. The IHAPs are called independent, but they are effectively controlled by the state government.

LOCAL DEVELOPMENT ASSESSMENT

Local people will continue to send me emails about their concerns about developments going on around them. Yes, I can send them to the IHAP. But I won’t be able to do much to help them. If you are concerned about this, learn about what the state government has done and continues to do about planning laws. Yes I know it’s complicated. That’s why they have gotten away with this – up until now.

See my later post with more on dealing with development approvals.

[The Inner West Courier published a modified form of this post on 6 March 2018 on their letters page.]

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