State policy changes before council adopts it

A State Government policy that may have reduced the number non-complying multi-dwelling housing projects on the Peninsula seems to have been withdrawn soon after it was implemented.

The new NSW Government policy introduced on December 15 meant that any development application that included a variation to planning limits of more than 10 per cent should have been referred to a Council meeting.

Central Coast Council recently decided to follow the practice.

However, according to Mills Oakley Law partner Mr Aaron Gadiel, the Department of Planning revoked its earlier decision on February 21, less than three months after introducing it.

The revised planning circular entitled "Variations to development standards" now requires concurrence of the Department of Planning, but not a Council resolution.

"One key difference is that a local council officer will not be able to approve a development application that relies on a ... variation of more than 10 per cent without the concurrence of the Secretary of the Department of Planning and Environment," Mr Gadiel said.

Another change introduced by NSW Planning but not yet implemented by the Central Coast Council is the adoption of Community Participation Plans.

"These plans can set out new additional mandatory requirements for community participation in development decisions," according to Mr Gadiel said.

"These plans may impose mandatory preconditions that proponents (developers) must satisfy (in terms of community consultation) before an application for a planning approval (for major development) is made," Mr Gadiel said.

"While the government has foreshadowed that it may make regulations as to the form, content and procedures for the adoption of community participation plans, no such regulations have been made," he said.

"This means that local councils have a wide degree of latitude to decide for themselves what obligations to place on proponents in their community participation plans.

"Community participation plans can be prepared and adopted by local councils now and each local council is, at the latest, obliged to adopt such a plan by July 1."

A "local strategic planning statement" will also need to be prepared and adopted by Central Coast Council and must set out planning priorities and actions for the area.

"When a council is divided into wards and the statement separately deals with each ward, the local councillors for that ward will be able to veto any statement that they do not like," Mr Gadiel said.

"There is a provision for a state agency to override the veto of the ward councillors, but this can only be done at the request of the local council itself.

"The local strategic planning statement will not be the legal document that sets out the formal zoning of land and what is permitted and prohibited in each area.

"This role still rests with local environmental plans.

"However, the new planning laws require any planning proposal (for a change in planning controls) to address whether the proposal will give effect to the local strategic planning statement.

The Central Coast Council must have its strategic planning statement in place by July 1, 2020.

Mr Gadiel said work for a local strategic planning statement could delay site-specific changes to planning controls.

SOURCE:

Media statement, 9 Oct 2018

Jane Smith, Central Coast Council

Media release, Mar 2018

Aaron Gadiel, Mills Oakley Law