Planning System Review: Be Alert In Lead-Up To Christmas

Back in July, I drew attention to the WA Government's review of the planning system and posted my submission to that review (http://ianrker-vincent.blogspot.com/2018/07/green-paper-modernising-western.html).

Objectives of the planning review include:

• Making strategic planning the cornerstone of all planning decisions;
• Opening up the planning system so that it is understandable to all;
• Clarifying local and State planning roles and functions of the WA Planning Commission and Department of Planning, Lands and Heritage;
• Responding to community concerns about accountability and transparency of Development Assessment Panels;
• Formally recognising the need for community participation;
• Creating more certainty for industry and cutting red tape; and
• Refining developer contribution schemes. 

The Green Paper did not, in my view, satisfactorily address some of the key issues that have been of concern to communities across Perth in recent years. Indeed, in some respects, its proposals would exacerbate those problems - most notably through expanding the role and influence of so-called specialist members of the DAPs to include domination of the WA Planning Commission as well.

In addition, there was no mention at all of enhancing the rights of individuals and communities in the appeal process.

Over 240 submissions were received and the review team in the Department of Planning, Lands and Heritage is reviewing the submission to assist the Government in responding to the Green Paper.

Unlike most such Inquiries and Reviews (including, for example, the current review of the WA Local Government Act - https://www.dlgsc.wa.gov.au/localgovernment/strengthening/Pages/LGactreview-submissions.aspx), submissions do not appear to be available online for us to read. We will have no idea, therefore, of the views expressed, by whom they were expressed or how much the Government response actually relates to them.

There has been silence on the matter since submissions closed on 20th July, 2018, but given various statements previously made about 'quick wins' - not to mention the fact that we are approaching the halfway mark of this term of government - it would be reasonable to expect some response within 6 months. That puts it, of course, fairly and squarely in the silly season, when families are on holiday and most of us have our minds on other things than the WA planning system.

I might well be unduly cynical in drawing attention to the possibility that the Government's proposals for change might be announced in the lead-up to Christmas/New Year, thus slipping under the radar of many, especially community organisations that tend to go into recess in December/January. 

Indeed, I hope I am proved wrong, but just in case, I'll be keeping a close eye on what happens and bring it to attention here and on my Twitter account.

Green paper: Modernising Western Australia's Planning System

The WA Government recently initiated a review of the WA Planning System and released a Green Paper outlining a range of possible proposals - https://www.planning.wa.gov.au/Planning-reform.aspx.

Submissions can be made in response to this Green Paper until  Friday 20th July.

Whilst there can be considerable improvement to the current situation, I believe that the Green Paper ignores a number of key issues, such as third-party appeals and the dominance of decision-making by so-called 'specialist members' who, almost by definition, have systematic conflicts of interest since much of their professional income is derived from large landowners and property developers.

My key contentions are that:
-  The planning process and resulting plans are inevitably seen by those seeking to maximise their financial return from investment in property as a constraint. They, therefore, have a vested interest in claiming that the system is unfair, complex or otherwise works against them.
-  The community (individually and collectively), in many cases, have neither the resources nor the incentive to participate in the development of plans. Consequently, their efforts are mainly directed at the development approval stage.
-  Community willingness to be part of the planning process is substantially eroded by development approvals that stretch the boundaries of or are in breach of gazetted planning schemes.
-  The decision-making (development-approval) process is inevitably weighted in favour of those with the greatest resources. In recent times, this imbalance has been structurally incorporated into the Development Assessment Panels, where ‘specialist members’ have an inbuilt majority. Such specialist members have an unavoidable conflict of interest, as much of their professional income is derived from large landowners and property developers.
-  The decision-making (development approval) process is weighted against the community, as there are no third-party appeal rights. Consequently approvals go unchallenged, whereas refusals are subject to ‘reassessment’ at the behest of the applicant.
-  It is critical that people and communities are effectively involved in ‘shaping strategic plans for their communities’. This will only happen, however, when it is demonstrably clear that those strategic plans actually inform decision-making and that development approvals are consistent with those plans.
-  Putting ‘specialist members’ effectively in charge of both the planning (WAPC) and the decision-making (DAPs) would be a recipe for alienation (at best) of much of the community – and more, rather than less, confrontation at the development stage.
-  To the extent that the complexity of existing plans and policies is a problem, it is more one for individuals and communities, who have limited resources, than it is for property-owners and developers, who are more likely to be in position to be able to engage professional advice.
-  To the extent that there are problems with out-of-date, conflicting or ambiguous plans and policies, the issue is only partly the planning system itself and more the way in which the system operates, including the time taken for the WA Planning Commission to assess, seek (sometimes trivial or editorial) amendments to and finally approve new local planning schemes.
-  Restructuring or reorganizing the planning system, even if it does reduce complexity and increase efficiency, carries its own costs of transition. Those with the greatest resources, typically property-owners and developers, are in a much better position to understand and adapt to the changes than are individuals and the community.
-  The Green Paper proposals for ‘connected smart growth’ take a restricted, almost physical-determinist’ view, ignoring (and sometimes running counter to) those things that make communities work and be places people want to live.

My full submission is set out below. Double-click on individual pages to enlarge.

DAPs To Start Feeling The Heat

Further to the previous post on the South Perth successful court action on DAPs (http://ianrker-vincent.blogspot.com.au/2016/02/david-slays-goliath-again.html), Vincent Mayor John Carey is moving a motion at tonight's briefing meeting that Council work actively to reign in the DAPs. Tonight's meeting is a briefing and the actual decision will be made next Tuesday (8th March). You can address either tonight's briefing or the Council Meeting on 8th March.

Councillor Elizabeth Re, City of Stirling, has emailed the dapaffectedcommunities group to say:

I am sorry I cannot attend the Tuesday council meeting tonight at the Town of Vincent as I will be attending the City of Stirling meeting whereby I have put forward a similar notice of motion to stop the DAP’s  at the City of Stirling  council meeting tonight.

The more Councils formalise their opposition to the DAPs (or at least the way they currently over-ride local communities and planning schemes), the more likely action to reign them is - especially with the next state election being just 12 months away. So lobby your own Council, if you can, to pass similar resolutions and make the DAPs a central issue in the next state election.

Remember, the DAP debacle comes on top of failed forced local government reform, reneging on MAX light rail, the contentious Perth Freight Link, failures of hospital programs and out-of-control state debt.

David Slays Goliath - Again

South Perth residents have succeeded in blocking a 29-storey tower approved by the Development Assessment Panel.

Alannah MacTiernan, former WA Minister for Planning and Infrastructure, supports the DAP system, as a means of balancing strategic and local interests, but she acknowledges that the DAPs have severe problems

Time for the DAPs to be reigned in. They have become a law unto themselves, ignoring local town planning schemes and local communities in favour of development interests.

The West Australian, 25 February 2016