The Department of Planning, Industry and Environment (DPIE) has invited public comment on a proposal to change the rules dealing with property developments when developers propose alternative standards when lodging Development Applications.
Minister for Planning and Public Spaces, Rob Stokes said DPIE had released a discussion paper as part of the move which was aimed at simplifying the planning system while improving development standards.
The paper Varying Development Standards: A Case for Change, proposed amendments to clause 4.6 of the Standard Instrument – Principal Local Environmental Plan.
“The proposed amendments are in response to feedback from the development industry and local Government that there is a need for a clearer and more robust test for varying development standards,” Mr Stokes said.
“It is important that our planning system allows for flexibility which is why we have clause 4.6,” he said.
“However, it is a clause that has become unnecessarily complex and has been overused by many and abused by some.”
Mr Stokes said the proposed amendments allowed for flexibility if an applicant could demonstrate that a variation to a development standard would deliver an improved planning outcome based on merit.
The Minister said the need for changes to the clause was highlighted in the Independent Commission Against Corruption’s Operation Dasha investigation report, released last month (22 March).
“The Independent Commission Against Corruption’s Operation Dasha emphasised an urgent need to reform clause 4.6 to increase accountability in the planning system,” he said.
“To address the Commission’s findings, it is proposed to impose a requirement that a consent authority – such as a council – publicly publish reasons for approving or refusing a clause 4.6 application on the NSW Planning Portal.”
Mr Stokes said the DPIE would also increase the frequency and consistency of the auditing of clause 4.6 determinations to strengthen accountability and transparency within the planning system.
He said people could have a say on the proposed amendments before 12 May.
DPIE’s 13-page Discussion Paper, including information on how to have a say, can be accessed at this PS News link.
