Lismore councillors accuse state government of flood recovery power grab

A state-led independent planning panel imposed upon Lismore council has been slammed during a meeting - here’s why.

LISMORE, AUSTRALIA – MARCH 31: An aerial drone view of houses surrounded by floodwater on March 31, 2022 in Lismore, Australia. Evacuation orders have been issued for towns across the NSW Northern Rivers region, with flash flooding expected as heavy rainfall continues. It is the second major flood event for the region this month. (Photo by Dan Peled/Getty Images)

A state-led independent planning panel imposed upon Lismore council has been met with criticism during a Lismore City Council meeting.

The NSW government’s Lismore Flood Recovery Planning Package will introduce a new independent planning panel of experts to expedite recovery efforts such as house raising for flood affected residents.

However, several councillors have expressed opposition to the state-controlled panel and raised concerns the government was using the recovery from the horrific 2022 floods to snatch power from the council.

Councillors also objected to being left in the dark and unable to engage with the community.

Many didn’t see the need for an “independent” panel to speed things up and resented being muscled out of what many consider a “fundamental core obligation” to be a part of local planning decisions.

Lismore councillor Adam Guise. Picture: Cath Piltz

Cr Adam Guise said their role as councillors and as representatives of the community was to take leadership and be involved in planning decisions.

He said there was “a government-appointed committee of just four people to decide our planning future with no accountability to the public about what decisions they make”.

He said the committee existed “in perpetuity” and it had “no actual reference to it being just about flood future planning – it’s all planning decisions.

“That is absolutely abhorrent to the community that expects us, their elected representatives in this chamber to shape the planning future of our community,” Cr Guise said.

Councillor Big Rob said the order to implement a planning panel was done in a “secret cabinet meeting” with no consultation with council.

He raised the issue of Wingecarribee Shire Council and Central Coast Council, both in administration, that have had planning panels imposed on them.

“The reason they need a planning panel is that they don’t have a council,” Cr Rob said.

“They got sacked. We’re not sacked.

“The state government is grabbing more power from the council. They are using the flood recovery as a reason to grab power.”

The package, which was announced in December 2022, is a suite of measures designed to speed up planning processes and support flood recovery efforts.

“This was an ambush shock announcement a few days before Christmas,” Cr Guise said.

“It came about with no consultation with councillors – in fact it’s counter to what councillors resolved originally earlier in the year we were presented a road map from the OLG as part of this $20 million funding agreement.

“On that road map was an action item to essentially get councillors out of planning decisions and appoint a separate planning panel to make planning decisions.

“It was a very clear message to the government that we were not prepared to lose our planning panels under this premise of taking money from the OLG.

“So, here we are, six months later and it’s suddenly foisted upon us as a complete surprise.”

The planning panel is supposed to expedite flood recovery efforts. Picture: Jonathan Ng

The panel consists of four members: a minister-appointed chair, two independent experts appointed by the council – from a minister-endorsed pool of candidates – and one community representative appointed by the council.

Anthony John Roberts MP is the Planning and Homes Minister.

Panellists will make decisions on challenging matters relating to major developments and rezoning decisions that will encourage a faster and more certain recovery according to the Department of Planning and Environment.

Councillor Darlene Cook queried who would foot the bill for the panel and whether Lismore council would be expected to pay legal costs for any appeals through the Land and Environment Court if the panel make a bad decision.

Councillor Darlene Cook.

“This panel is allegedly established to help with the reconstruction, yet it has taken all planning powers away from this council,” she said.

“It’s ordering us to implement the minister’s directives – yet we have not had any say in it, nor has our community had any say.”

Councillor Elly Bird said council has a “moral duty” to oppose the panel.

She raised concerns the community member panel position rotated and included a single local.

“How does the perspective of our community be brought forward in these important decisions likely to be put to them as our community adapts and responds to what has happened to us?” she asked.

Councillor Peter Colby described the situation as a bit of a “Machiavellian” thing and that council had been “bookended”.

“At one end you stop the planning and you stop the ability to make decisions and at the other end you take away the strategic planning for the future of Lismore,” he said.

“Council then becomes very much rubbish and roads and delivering those sorts of services.”

The Lismore Flood Recovery Planning Package came into effect on Monday.

Councillor and real estate agent Andrew Gordon, has bought a house in South Lismore, that was damaged in the flood in February, to fix up and rent out. Picture: Elise Derwin

Councillor Andrew Gordon was the one voice of approval for the uptake of the panel and said the council had a bias when tackling planning.

“If you look, historically, at the performance of this council, planning has been the thorn in our side,” he said.

“We don’t seem to get it right.

“I eagerly await a planning panel. To say the community is not being brought along is not quite right.

“18 people have expressed an interest in helping Lismore plan with others who are professionals.

“You don’t have one single outcome, I guess, from one person, you have 18 people.

“I think that’s very broad cross section of the community.”

An aerial image of Lismore on March 31, 2022. Picture: Dan Peled

Cr Gordon said the conversations in chambers around planning matters were fuddled even before he entered the council.

“You’d hear experts and then hear contradictions from councillors who wouldn’t know anything about anything – the least successful people in the community, I imagine – arguing with experts, putting on their political spin, their narrative, or the very narrow field of vision they have,” he said.

“I reckon if we can get that out of this forum into somewhere else, with experts and community, we’ll have a far better result.”

Councillors voted not to constitute a Lismore Planning Panel.

Those voting against the planning panel were Councillors Elly Bird, Peter Colby, Vanessa Ekins, Darlene Cook, Electra Jensen, Big Rob and Adam Guise.

Those for a planing panel were: Andrew Bing, Andrew Gordon, Jeri Hall and Steve Krieg.