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Independent Hearing and Assessment Panels (IHAP) are now mandatory for all councils in Greater Sydney and Wollongong after the Bill passed the NSW Parliament.

The NSW Government introduced the Environmental Planning and Assessment and Electoral Legislation Bill, it says, as a safeguard against corruption.

The Bill only passed in its amended version, which means that property developers and real estate agents will not be able to sit on the panels.

Minister for Planning and Housing Anthony Roberts welcomed the passing of the legislation in the Legislative Assembly after a late-night sitting in the Upper House passed the Bill.

 “This is a fantastic outcome for ratepayers as IHAP bring transparency, integrity and a high degree of probity to the development application (DA) assessment process.

“These panels, which will consider applications valued at between $5 million and $30 million as well as a range of high-risk development types, will give communities and ratepayers greater certainty about planning decisions.

“Most importantly, local councils will be able to focus on preparing the strategic plans and development controls that will identify the range and location of development types for their local area.”

The Bill sets a standard model for IHAP, comprising three independent expert members and a community member.
  • The community member, to be selected by the council, will represent the geographical area within the LGA of the proposed development, to provide local perspective.
  • IHAP members, who will be chosen by councils from a pool managed by the Department of Planning and Environment, will have to be expert in one or more of the following fields: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism, or government and public administration.
  • The chairperson must also have expertise in law or government and public administration.
  • The panel members themselves will be subject to statutory rules such as a compulsory code of conduct and operational procedures for the panels.
Local councils will still process most applications for individual houses or alterations to existing houses. Existing independent hearing and assessment panels will continue to operate after the upcoming council elections on 9 September.

At least developers have been excluded: Labor

The NSW Labor Opposition says it has secured vital amendments to the new law, ensuring developers and real estate agents are unable to sit on new planning panels that will determine major development proposals. Labor’s amendments, which it says were unanimously agreed to by the government and the crossbench, ensure that developers, real estate agents, and serving councillors cannot sit on any local planning panel. Decisions will also be made publicly available. They also guarantee that members of the local planning panels will be scrutinised by ICAC, much like MPs and councillors are. Labor has been calling for developers and real estate agents to be banned altogether from sitting on councils. Shadow Minister for Planning and Infrastructure Michael Daley said: “It begs the question: if the Government is happy to admit that developers should not sit on local planning panels, why should they be allowed on councils? “Labor calls on the Government to immediately rectify this issue – before September’s council elections.”

The Council is not happy…

Liverpool City Council has expressed its frustration at the decision by the NSW Planning Minister to strip Sydney and Wollongong councils of powers to determine developments over $5 million. “This is a naked power grab by the NSW Government – taking the decision-making authority to shape how our communities grow and develop away from elected representatives,” Liverpool Mayor Wendy Waller said. Mayor Waller said Liverpool was one of the first of 15 councils in the Sydney basin to establish an IHAP. Council has used this independent expert advice to improve decision-making on major planning proposals for 20 years. “We have long understood the importance of independent assessment when it comes to planning, but Council always had the option to bring matters of significant public interest back into the hands of elected representatives,” Mayor Waller said. “We had the checks and balances in place and they were working well. “The only thing this power grab by the State Government achieves is that it takes decisions further away from the community at the very time when Liverpool is growing fast and residents need to have a stake in this rapid expansion.

… but developers are

The announcement by the NSW Government that independent planning panels will determine all development applications with a value of between more than $5 million but less than $30 million in value in Sydney and Wollongong will streamline planning in metropolitan Sydney, said the developers’ union the Urban Taskforce. “The announcement that all local councils in Sydney and Wollongong must establish independent planning panels will make the planning process much more efficient,” said Urban Taskforce CEO Chris Johnson “The role of the elected councillors is in setting the strategic planning framework and the assessment of compliance with the framework is best undertaken by experts in the field.” “The Urban Taskforce agrees with the Minister that mandating the Independent Planning and Assessment Panels (IHAP) will ensure a level playing field for everyone. Having a central pool of experts will also ensure effective use of resources and that all panel members have up to date knowledge of the planning rules.” “The quality of panel members will be important to ensure they are assessing against the rules rather than becoming arbitrators trying to balance community concerns with the viability of the applicant’s proposal. Panel members must be supportive of growth that complies with the strategic plans approved by council or the state government. Having one member of the 4-person panel from the local area ensures an understanding of local issues.” [post_title] => Councils lose development control [post_excerpt] => IHAP are now mandatory for all councils in Greater Sydney and Wollongong. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => councils-lose-development-control [to_ping] => [pinged] => [post_modified] => 2017-08-11 12:55:40 [post_modified_gmt] => 2017-08-11 02:55:40 [post_content_filtered] => [post_parent] => 0 [guid] => http://governmentnews.com.au/?p=27800 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [1] => WP_Post Object ( [ID] => 27279 [post_author] => 659 [post_date] => 2017-06-01 16:17:52 [post_date_gmt] => 2017-06-01 06:17:52 [post_content] => NSW Premier Gladys Berejiklian will introduce new housing affordability measures from July 1 that will wallop foreign property investors with higher duties and taxes and give first home buyers a lift by expanding stamp duty concessions. Ms Berejiklian announced the changes today [Thursday] to double the stamp duty paid by foreign investors from 4 per cent to 8 per cent and increase the annual land tax surcharge on foreign buyers from 0.75 to 2 per cent. The forecast proceeds of $2 billion over the next four years are expected to be funnelled into more generous stamp duty concessions for first home buyers. The government will exempt first-home buyers from paying stamp duty on existing properties costing up to $650,000, not just new properties, and offer stamp duty discounts up to $800,000. It is good news for those saving for their first pad, with the government claiming this initiative alon could save first homebuyers up to $24,720. It is a significant jump. Current stamp duty exemptions for first home buyers apply only to new homes up to $550,000 and vacant land valued up to $350,000. At the moment, stamp duty concessions for first home buyers kick in for new properties valued between $550,000 and $650,000 and for vacant land valued between $350,000 and $450,000. Other measures in the housing affordability package include:
  • Removing stamp duty concessions for investors purchasing off the plan
  • Infrastructure funding of $3 billion from the state government, councils and developers to accelerate new housing
  • Abolishing the 9 per cent stamp duty charged on lenders’ mortgage insurance, which banks often demand when they lend to first homebuyers with smaller deposits
  • Fast-tracking approvals for well-designed terraces, townhouses, manor homes and dual occupancy by including them under complying exempt development
  • Greater use of independent panels for Sydney councils and in some regional areas to speed up development applications and ensure the integrity of the planning process
NSW Premier Gladys Berejiklian said that taken together, the changes could save first homebuyers up to $34,360. “I want to ensure that owning a home is not out of reach for people in NSW,” Ms Berejiklian said. “These measures focus on supporting first homebuyers with new and better targeted grants and concessions, turbocharging housing supply to put downward pressure on prices and delivering more infrastructure to support the faster construction of new homes. “This is a complex challenge and there is no single or overnight solution. I am confident these measures will make a difference and allow us to meet the housing challenge for our growing state.” NSW Treasurer Dominic Perrottet said the government would use its strong Budget position to ‘give a leg up’ to prospective first homebuyers while simultaneously targeting infrastructure investment to stimulate housing growth in Sydney and parts of regional NSW. “As a government, we have always focused on supporting first homebuyers and this package takes it to the next level,” Mr Perrottet said. “We know how challenging it can be to enter the property market and are pleased to be providing even more financial support for people wanting to make their first purchase.” NSW Planning Minister Anthony Roberts said the government would simplify complying development rules for greenfield areas and establishing specialist teams to help speed up rezoning residential development, where appropriate. “While we have done well to release an unprecedented amount of land over the last six years, we need to do better with our development application process to ensure we are keeping up with demand,” Mr Roberts said. [post_title] => NSW housing affordability reforms clobber foreign investors, help first home buyers [post_excerpt] => Stamp duty concessions expanded. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => nsw-housing-affordability-reform-clobbers-foreign-investors-helps-first-home-buyers [to_ping] => [pinged] => [post_modified] => 2017-06-02 11:31:13 [post_modified_gmt] => 2017-06-02 01:31:13 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.governmentnews.com.au/?p=27279 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 26947 [post_author] => 659 [post_date] => 2017-04-20 04:00:25 [post_date_gmt] => 2017-04-19 18:00:25 [post_content] => [caption id="attachment_26950" align="alignnone" width="350"] Is the party over for Airbnb in NSW before it even began? NSW government says slow down. [/caption]     After three public hearings, 212 submissions and a parliamentary report the NSW government has announced it is not yet ready to make a decision about how to regulate short-term holiday letting through online booking services like Airbnb and Stayz. Instead, the NSW government will conduct a ‘broad consultation’ with the public and the short-term accommodation industry, including bed and breakfasts and hotels, before publishing an options paper next month. The options paper, which the Departments of Planning and Environment and Fair Trading will also contribute to, will explore land use and planning issues and strata management concerns, including the impact on the lives and safety of existing residents. This morning’s announcement (Thursday) was in response to an October 2016 report by the NSW Parliamentary Legislative Assembly Committee on Environment on the best way to regulate the explosion of short-term accommodation letting and the continued rise of Airbnb in the state. The report recommended the government make it easier for homeowners to rent out a whole or part of their house and for it to adopt a light regulatory touch. This approach included relaxing state planning laws so that local councils could class short-term letting as exempt development, providing it did not have excessive impact on other residents. But the government offered only ‘qualified support’ to the committee’s recommendations, stating they needed further consideration and more public consultation. It has been slow going. After submissions closed in November 2015 there were three public hearings between March and May 2016 followed by the final report on October 19, 2016 and the government’s response six months later. NSW Planning Minister Anthony Roberts said it was too complicated and divisive an issue to rush. “It’s no surprise that NSW and Sydney are highly sought after destinations for international and domestic visitors, however, we must find a balance between providing options for accommodation and residents being able to go about their daily lives. This will support the best environment for residents and visitors so that it is a great destination,” Mr Roberts said.  “The inquiry recommendations make sense, but the regulation of short-term letting needs broader engagement with the industry and the community to establish a model that enables it to continue to flourish and innovate whilst ensuring the amenity and safety of users and the wider community are protected.   “It's sensible to take time on a complex issue like this, which is why we are releasing an options paper next month.” The government supported the report’s recommendations around communicating with councils and residents any changes and that councils take the lead on informing landowners about their rights and duties. Also supported was giving owners’ corporations more powers to respond to any negative consequences of short-term lets in their buildings, through amending strata regulations. NSW Better Regulation Minister Matt Kean said the government would concentrate on finding common ground to address the concerns of everyone involved. “We need to find what will work best for the people of NSW, which is why we’re issuing an options paper for discussion with relevant stakeholders,” Mr Kean said.  “We don’t want a holiday accommodation market that’s so over-regulated it puts people off coming here but the rights of residents who live near these properties must be considered too.    “While short-term holiday letting, if properly managed and respected by all parties, can be a boost to the local economy, the need to protect people’s rights to the quiet enjoyment of their own homes is equally important.”     Meanwhile, Airbnb Australia Country Manager Sam McDonagh called the government's response a 'strong, positive step towards ensuring fair and progressive rules and regulation for residents and visitors to NSW'. “We appreciate that these things take time and that it’s important to get the balance right," Mr McDonagh said. "We’re confident that Premier Berejiklian and the NSW government will join the state governments in Tasmania and South Australia, in embracing home sharing, and introduce fair regulations that allow more people in NSW to share their extra space.”   Want the latest public sector news delivered straight to your inbox? Click here to sign up the Government News newsletter.         [post_title] => NSW government delays Airbnb decision [post_excerpt] => Options paper by next month. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => nsw-government-delays-airbnb-decision [to_ping] => [pinged] => [post_modified] => 2017-04-21 11:16:15 [post_modified_gmt] => 2017-04-21 01:16:15 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.governmentnews.com.au/?p=26947 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [3] => WP_Post Object ( [ID] => 19157 [post_author] => 671 [post_date] => 2015-04-17 00:03:09 [post_date_gmt] => 2015-04-16 14:03:09 [post_content] => Mitchell Highway. Nyngan to Newell Highway. NSW   The Federal government’s Renewable Energy Target (RET) may still be in political limbo, but states are voting with their sustainable dollars after New South Wales’ Minister for Industry, Resources and Energy Anthony Roberts and Minister for the Environment Mark Speakman cut the ribbon on what has been hailed as the installation of the final solar panel at Australia’s largest solar project. Located in the Western town of , Mr Speakman is pushing the sunny-side-up success of a big venture from AGL, First Solar and the local community for their support of a 102 megawatt (MW) plant. “The $290 million Nyngan solar plant is a major investment in renewable energy and demonstrates the NSW Government’s commitment to clean energy generation,” Mr Speakman said. “This 250-hectare field contains 1.36 million solar panels and will provide enough clean electricity to power 33,000 NSW homes when fully operational. Solar energy in many regional and remote areas is an increasingly viable alternative to traditional fuels that have to be trucked or pipe- in at considerable cost. “The NSW Government is serious about supporting renewable energy, and has provided $65 million in funding for this project here in Nyngan and another 53MW solar plant under construction near Broken Hill, the second largest solar plant in Australia,” Mr Speakman said. “Together, these solar plants will generate enough electricity to power more than 50,000 homes across NSW.” As traditional manufacturing increasingly goes into decline, communities and their businesses are looking to more contemporary industries like renewables that can cut costs for businesses and retain local employment and skills. Mr Roberts said NSW was at the forefront of large scale solar and renewable energy. “NSW is leading Australia in supporting the clean energy sector, which supports more than 13,000 jobs, contributes to lower energy costs and provides employment and investment in regional communities,” he said. “The share of renewable energy in NSW’s electricity generation mix has almost doubled in the past five years with approximately 13 per cent of our energy generation coming from renewable sources in 2013. “This project will set an example that will help drive further investment in large scale solar in regional NSW and across Australia.” [post_title] => Baird and Nyngan bask in big solar energy switch [post_excerpt] => Sunny side up for Nyngan renewable savings. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => baird-and-nyngan-bask-in-big-solar-energy-switch [to_ping] => [pinged] => [post_modified] => 2015-04-17 00:19:37 [post_modified_gmt] => 2015-04-16 14:19:37 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.governmentnews.com.au/?p=19157 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 2 [filter] => raw ) ) [post_count] => 4 [current_post] => -1 [in_the_loop] => [post] => WP_Post Object ( [ID] => 27800 [post_author] => 670 [post_date] => 2017-08-10 17:23:52 [post_date_gmt] => 2017-08-10 07:23:52 [post_content] => Independent Hearing and Assessment Panels (IHAP) are now mandatory for all councils in Greater Sydney and Wollongong after the Bill passed the NSW Parliament. The NSW Government introduced the Environmental Planning and Assessment and Electoral Legislation Bill, it says, as a safeguard against corruption. The Bill only passed in its amended version, which means that property developers and real estate agents will not be able to sit on the panels. Minister for Planning and Housing Anthony Roberts welcomed the passing of the legislation in the Legislative Assembly after a late-night sitting in the Upper House passed the Bill.  “This is a fantastic outcome for ratepayers as IHAP bring transparency, integrity and a high degree of probity to the development application (DA) assessment process. “These panels, which will consider applications valued at between $5 million and $30 million as well as a range of high-risk development types, will give communities and ratepayers greater certainty about planning decisions. “Most importantly, local councils will be able to focus on preparing the strategic plans and development controls that will identify the range and location of development types for their local area.” The Bill sets a standard model for IHAP, comprising three independent expert members and a community member.
  • The community member, to be selected by the council, will represent the geographical area within the LGA of the proposed development, to provide local perspective.
  • IHAP members, who will be chosen by councils from a pool managed by the Department of Planning and Environment, will have to be expert in one or more of the following fields: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism, or government and public administration.
  • The chairperson must also have expertise in law or government and public administration.
  • The panel members themselves will be subject to statutory rules such as a compulsory code of conduct and operational procedures for the panels.
Local councils will still process most applications for individual houses or alterations to existing houses. Existing independent hearing and assessment panels will continue to operate after the upcoming council elections on 9 September.

At least developers have been excluded: Labor

The NSW Labor Opposition says it has secured vital amendments to the new law, ensuring developers and real estate agents are unable to sit on new planning panels that will determine major development proposals. Labor’s amendments, which it says were unanimously agreed to by the government and the crossbench, ensure that developers, real estate agents, and serving councillors cannot sit on any local planning panel. Decisions will also be made publicly available. They also guarantee that members of the local planning panels will be scrutinised by ICAC, much like MPs and councillors are. Labor has been calling for developers and real estate agents to be banned altogether from sitting on councils. Shadow Minister for Planning and Infrastructure Michael Daley said: “It begs the question: if the Government is happy to admit that developers should not sit on local planning panels, why should they be allowed on councils? “Labor calls on the Government to immediately rectify this issue – before September’s council elections.”

The Council is not happy…

Liverpool City Council has expressed its frustration at the decision by the NSW Planning Minister to strip Sydney and Wollongong councils of powers to determine developments over $5 million. “This is a naked power grab by the NSW Government – taking the decision-making authority to shape how our communities grow and develop away from elected representatives,” Liverpool Mayor Wendy Waller said. Mayor Waller said Liverpool was one of the first of 15 councils in the Sydney basin to establish an IHAP. Council has used this independent expert advice to improve decision-making on major planning proposals for 20 years. “We have long understood the importance of independent assessment when it comes to planning, but Council always had the option to bring matters of significant public interest back into the hands of elected representatives,” Mayor Waller said. “We had the checks and balances in place and they were working well. “The only thing this power grab by the State Government achieves is that it takes decisions further away from the community at the very time when Liverpool is growing fast and residents need to have a stake in this rapid expansion.

… but developers are

The announcement by the NSW Government that independent planning panels will determine all development applications with a value of between more than $5 million but less than $30 million in value in Sydney and Wollongong will streamline planning in metropolitan Sydney, said the developers’ union the Urban Taskforce. “The announcement that all local councils in Sydney and Wollongong must establish independent planning panels will make the planning process much more efficient,” said Urban Taskforce CEO Chris Johnson “The role of the elected councillors is in setting the strategic planning framework and the assessment of compliance with the framework is best undertaken by experts in the field.” “The Urban Taskforce agrees with the Minister that mandating the Independent Planning and Assessment Panels (IHAP) will ensure a level playing field for everyone. Having a central pool of experts will also ensure effective use of resources and that all panel members have up to date knowledge of the planning rules.” “The quality of panel members will be important to ensure they are assessing against the rules rather than becoming arbitrators trying to balance community concerns with the viability of the applicant’s proposal. Panel members must be supportive of growth that complies with the strategic plans approved by council or the state government. Having one member of the 4-person panel from the local area ensures an understanding of local issues.” [post_title] => Councils lose development control [post_excerpt] => IHAP are now mandatory for all councils in Greater Sydney and Wollongong. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => councils-lose-development-control [to_ping] => [pinged] => [post_modified] => 2017-08-11 12:55:40 [post_modified_gmt] => 2017-08-11 02:55:40 [post_content_filtered] => [post_parent] => 0 [guid] => http://governmentnews.com.au/?p=27800 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [comment_count] => 0 [current_comment] => -1 [found_posts] => 4 [max_num_pages] => 1 [max_num_comment_pages] => 0 [is_single] => [is_preview] => [is_page] => [is_archive] => 1 [is_date] => [is_year] => [is_month] => [is_day] => [is_time] => [is_author] => [is_category] => [is_tag] => 1 [is_tax] => [is_search] => [is_feed] => [is_comment_feed] => [is_trackback] => [is_home] => [is_404] => [is_embed] => [is_paged] => [is_admin] => [is_attachment] => [is_singular] => [is_robots] => [is_posts_page] => [is_post_type_archive] => [query_vars_hash:WP_Query:private] => add358ce7bd9ad24b46f5c3fb030bed9 [query_vars_changed:WP_Query:private] => 1 [thumbnails_cached] => [stopwords:WP_Query:private] => [compat_fields:WP_Query:private] => Array ( [0] => query_vars_hash [1] => query_vars_changed ) [compat_methods:WP_Query:private] => Array ( [0] => init_query_flags [1] => parse_tax_query ) )

Anthony-Roberts