CEN criticises 'excessive' approval of non-compliance
The use of "variations" to Central Coast Council's planning provisions to permit non-complying development has become "excessive", according to the Community Environment Network.
It had become the norm, rather than the exception.
In a submission to a review of the statewide clause permitting variations, the network said development standards should be framed to achieve required outcomes and should not be arbitrarily varied.
"If a planning authority has gone through the process of including a development standard, the numeric standard should be based on analysis related to the objectives and should have been subject to public consultation," said Network executive member Mr Michael Conroy of Umina.
He said many applications to vary the requirement for the minimum lot size for multi-unit developments were also unlikely to meet development controls for side setbacks, private open space, solar access and overshadowing.
Despite "the adverse impacts of developments that fail to meet the development standards, most such developments have been approved using clause 4.6," Mr Conroy said.
A lack of accountability and transparency in the approval process resulted in the excessive use of the clause, he said.
"Variations in development standards that have been approved by Council officers under delegation should be reviewed to ensure they are not excessive or effecting a de-facto rezoning," he said.
Mr Conroy said the Network agreed in principle with the suggestion that a monitoring and auditing framework should be implemented by the Department of Planning to monitor variations, review reasons for, the extent and nature of variations, audit those variations, publish the audit findings, and investigate larger, more frequent or unusual variations.
It also supported the suggestion that a developer be required to demonstrate that a variation would be consistent with the objectives of the standard, the zone and would result in an improved planning outcome.
SOURCE:
Media release, 19 May 2021
Michael Conroy, CEN