People will need to personally consult neighbours before lodging DA under NSW planning law overhaul

PEOPLE will be required to go to their neighbours and consult before lodging DAs in an overhaul of the state’s planning laws.

Planning Minister Rob Stokes has announced an overhaul of the state’s planning laws. Picture:Peter Clark

PEOPLE will be required to go to their neighbours and consult before lodging DAs in an overhaul of the state’s planning laws.

Planning Minister Rob Stokes has thrown out the O’Farrell government’s 2011 election promise to create a new planning Act but will make planning reforms later this year including setting up local independent planning authorities to make development decisions for developments worth over $5 million.

That change is aimed at taking DA decisions off councils, in a bid to minimise corruption.

Mr Stokes has also appointed former Labor Premier Morris Iemma as one of his six district commissioners of the Greater Sydney Commission — for southern Sydney.

Another commissioner appointed by cabinet yesterday — to southwestern Sydney — was Education Minister Adrian Piccoli’s former chief of staff, Sheridan Dudley, who was a former general manager of Camden council.

Former NSW Premier Morris Iemma will be one of the new district planning commissioners. Picture: Adam Taylor

As part of Mr Stokes’ planning law changes, he will set up the “pre-DA” process where people will have to do their own consultation work, in a bid to free up the system.

“One of the big problems in the system is . . you want to build a house, I’m your neighbour, [the way] the system at the moment works, you employ architects, engineers and all the rest, spend 10 grand, go to council and council then send me a letter saying you want to do this,” Mr Stokes said.

“I say ‘Why didn’t you tell me’ and I write a rude letter back to council. . you’re p***ed off with me now, and then we blow up.

“What we’re trying to do is force the developer instead . . to talk to me . . and then you go and talk to council.

“If your neighbour’s a boofhead, that’s fine ... if the feedback you’ve got is just pathetic ... that can be weighed up and ignored by the council . . but if it’s sensible feedback and you can accommodate it, then most of the fights are dealt with before the council even gets involved and why should your council rates be paying for the council [to manage neighbours]. It sets up a fight the way the system works.”

Former Planning Minsiter Brad Hazzard’s planning law rewrite in 2013 was knocked off by the upper house.

In 2013, former minister Brad Hazzard’s rewrite of the planning laws for the first time in 30 years was knocked off by the upper house.

Mr Stokes said he would take parts of those laws that the Opposition was prepared to support and press ahead with him.

He also wants contentious development decisions over $5 million currently determined by councils to go to an independent body.

“I plan to have a consistent process right across the state. At the moment, you’ve got all sorts of different systems. It’s confusing,” Mr Stokes said.

“One of the big concerns is there’s no separation of powers in development, you’ve got the same people making the strategic planning decisions — the councillors . . who then turn around and make the individual decisions on the DAs.

“That raises some corruption risks.

“We want local panels to make those decisions locally, so separation of powers.”

This already operated in some council areas with engineers, urban planners and architects on independent hearing and assessment panels.

“I don’t believe we need to go down the path of a brand new [planning] Act,” Mr Stokes said.

“I think the original legislation from 1979 is actually pretty robust.” But, the minister said, he wanted it to be “clearer” and “fairer”.

Mr Stokes has already appointed the Prime Minister’s wife, Lucy Turnbull, as chair of the Greater Sydney Commission.

Mr Iemma and Ms Dudley will be paid $80,000 a year for their part time roles.

Mr Iemma last night described the job as a “good gig”.

“Most of it’s community engagement but the other part is infrastructure, housing, planning for things like the Metro and the M5 duplication,” the former premier said.