Andrew Constance: Let bushfire victims clear trees to rebuild

Senior government ministers have called for ‘green tape’ planning laws to be eased so bushfire victims can clear more vegetation, allowing them to save thousands of dollars as they rebuild.

• NSW planning system the nation’s slowest
• Mayor backflips on refusal to waive council fees for fire victims

Homeowners who lost their houses in the bushfire crisis should be able to clear more vegetation than restrictive laws currently allow when they rebuild, according to senior State government ministers and a council in one of NSW’s most fire-ravaged areas.

Transport Minister Andrew Constance, Deputy Premier John Barilaro and Eurobodalla Shire Council claim “green tape” planning laws are an onerous financial burden on people whose homes where destroyed by the flames.

In an exclusive interview with The Sunday Telegraph, the Bega and Monaro MPs called for special fire zone planning laws, which would help land owners save “tens of thousands of dollars on the rebuild”.

“We need to give landowners absolute confidence that they can undergo greater land clearing between their homes and bushland,” Mr Constance said.

The small town of Mogo was hit hard by the New Year's Eve fire storm with many homes and buildings being destroyed. Picture: Toby Zerna.

“We want a specific State Environmental Planning Policy (SEPP) for these areas.”

MORE FROM BEN PIKE

Opal Tower engineers say builders knew of cracks before residents moved in

Chinese spying fears in Sydney apartments

Mr Barilaro said the landscape has changed so much “there is little conservation value left”.

“These changes would allow owners to rebuild much quicker,” Mr Barilaro said.

Under current laws, the fire danger of a property (known as the ‘bushfire attack level’) is mainly calculated by the amount of trees near a home.

Transport Minister and Bega MP Andrew Constance. Source: ABC News Breakfast.

NSW Premier Gladys Berejiklian and Deputy Premier John Barilaro greet emergency services volunteers. Picture: Dylan Robinson

The difference in building costs between a low BAL level of 4.5 and a BAL of 40 can be hundreds of thousands of dollars.

This is mainly due to requirements to install double-glazed glass and other fire-resistant building materials.

Under the ministers’ new proposal – which has been aired in high-level meetings between councils and bureaucrats from NSW Department of Planning and the Office of Environment and Heritage – an increased number of trees would be able to be removed to bring the BAL rating down to 29.

Eurobodalla Shire Council director of planning Lindsay Usher said they have been pushing for these changes alongside Mr Constance.

Mr Constance also proposed allowing landowners to clear undergrowth on Crown and council-owned land which poses a bushfire risk.

Homeowners face rigorous requirements when building in bushfire prone areas. Picture: Toby Zerna

In their push to get the laws changed immediately, Mr Constance and Mr Barilaro have convinced NSW Planning Minister Rob Stokes to this week visit Bega to get a first-hand understanding of the devastation.

A total of 2439 homes and 5388 outbuildings in NSW have been destroyed so far this bushfire season — the worst on record.

Since 2006 homeowners have faced increasingly rigorous requirements when building in bushfire prone areas.

Many of those homes destroyed were built well before the introduction of these laws, adding potentially $150,000 to the price of a new home compared to one built without fire restrictions.

Minister for Planning and Public Spaces Rob Stokes.

A Malua Bay house burns on New Year’s Eve. A total of 2439 homes have been lost to fires in NSW this season. Picture: Alex Coppel.

Other homes did not have development application approval at all, presenting a unique problem for councils wanting to ensure thousands of homeless residents can rebuild.

“We need to make sure the recovery is as seamless as possible and that we rebuild homes and communities stronger than before,” Mr Stokes said

“We’ve recently made changes to make the rebuilding process easier and ease the financial burden for homeowners and business owners affected by the fires.

“Any changes to planning and development in bushfire areas will be guided by the independent inquiry with a real focus on building design and safety.”

The NSW Government is waiving or refunding all DA fees, BASIX certificate (about $50) fees and planning reform fees for people who have to repair or rebuild their homes.

The government will compensate councils for any loss of revenue associated with this decision.

Port Macquarie-Hastings Mayor Peter Pinson said “I do not wish to see people already hurting suffer more by not having the financial capacity to rebuild essentially their lives”.

“I would be most interested in what type of support the government could give,” she said.

Originally published as Andrew Constance: Let bushfire victims clear trees to rebuild