Taking Community out of the Act

Written on 12 November 2019.

WARNING! SAY NO TO TAKING THE COMMUNITY OUT OF THE PLANNING ACT - new closing date

It is intended that the Planning Act will be significantly amended early next year and we only have until 6th December 2019 (was 29th November) this year to make our submissions.

This can be done at https://haveyoursay.nt.gov.au/planningreform or better by email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Before you do though please read on:

You can find out more of this ‘consultation', with documents setting out, in detail, what is proposed, for downloading, and/or reading at the above site.

The stated aim is 'better planning', but much of what is proposed is about reducing the community’s role, even more, in planning decision making for our future.

You may ask: Would the changes mean better planning for the community? What will be lost? Should you know more about the Planning Act, its regulations, and the NT Planning Scheme, before you make your submission? Keeping in mind, importantly even the concept of “amenity” which is in the current Act, does not appear in the Purpose and Objectives of the new Bill.

Amenity is a crucial part of Planning that affects us all. Parking and Road Use, Noise, light pollution, privacy. late night activities, dust, smells, etc.

Where are the Section 2A Clauses referring to Amenity which the Development Consent Authority(DCA) must consider currently? Those things which can affect our lifestyle and the value of your property. How our streetscapes look, and how they support everyday community life and wellbeing.

Notifications are to be withdrawn from the newspaper for certain developments, this may well mean more community members will miss the chance to find out what is happening in their environment.

There is still no equality in planning appeals. Is the DCA independent? Ministers can still override decisions like zoning and some other matters without appeal, with Exceptional Development Permits still be permitted.

The act endorses strategic plans, area plans and policies that don't exist.

NJK

To find out more, and to help make your submission, read below

INTRODUCTION

 The Northern Territory Government is asking for our community comments on its proposals for amending the Planning Act, 1999.

 We need a balanced Planning Act which satisfies the wellbeing  of all Territorians. This is what people asked for at the last election.

 Instead it appears that  there are to be a series of long term strategic plans  which the Minister can control, and must be complied with without end date.

 The media tells us  there will  be 50% population growth in the CBD, and a further 50% in the green areas around.

 At present the Planning Act favours  developers by promoting  tall buildings, and crowded residential estates,  with small lots. What is proposed would make it worse.

 As if to signal the all importance of strategic planning,  ‘AMENITY’  has been OMITTED as  CLAUSE (e) at Section 2A (Objects) from the new Planning Act, with STRATEGIC PLANNING inserted three times for the development of the land.  THIS WOULD THEN BE ABLE TO OPERATE AS A DEVELOPMENT ACT, NOT A PLANNING ACT.

 WHAT DO WE NEED  NOW THAT WE HAVE NOT HAD BEFORE:

 Instead of this, residents need a new balanced Planning Act  catering for good amenity in well planned;

 1. Urban, Suburban, Rural and Remote Living  for all domestic categories with suitable climate and culture architecture. (Towers are not suitable for families in the tropics) 

 2. Green trees and grassed parks in proportion to the growing populations.

 3. Publicly owned Community social and cultural facilities, close to residential areas, eg youth centres, community centres, churches, schools, etc.

 4. The Conservation of natural environments, particularly foreshores, catchments  and other common law features.               

  5. Priority protection of places of heritage significance, whether or not listed.

  6. The public should  have a One STOP SHOP equivalent to the DEVELOPERS, and there must be pathways for public assignment of land.

 MOST IMPORTANT IS  ADDING IN YOUR SUBMISSION THAT THE WORD “AMENITY” BE PROMINENTLY IN THE NEW  ACT IN THE EQUIVALENT PLACE AS SECTION 2A(OBJECTS) IN THE OLD ONE.

 WHAT ELSE CAN BE DONE ?

 There may be a few items you can add a comment about, from the list below:

 Please use your own words

 AMENITY SHOULD FEATURE PROMINENTLY IN THE NEW PLANNING ACT IN SECTION 2A (OBJECTS) 

1. Section 51 which the DCA MUST consider, should be spelled out in full in the draft document, so people can see its purpose.
2. The massive emphases   on strategic planning are counter- productive. The projections are too far into the future to be accurate, and do not have community acceptance.
3. Strategic plans are based too much on commercial activity centres, which may never happen.
4. Inadequate provision for local parks, community centres for old and young with a growing population. 
5. Inadequate protection for urban and suburban natural environments, animals and birds.
6. Respect common law rights on foreshores and in catchments.
7. Need integration of social infrastructure for health and to avoid crime. Pathways for social infrastructure are needed.
8. No two level changes for advertising. This could cause more rather than less problems.
9. The public is tired of being hectored again and again over the years, and its needs ignored.
10. DAS and DCA procedures must be fair, and consistent.
11. No variations in development assessment..
12. The community must have equal status with developers.
13. Zoning is the basis of better planning.
14. Tropical areas need tropical architecture
15. Larger homes are needed for families.
16. Too much reliance on technology which is not always available.
17. Official announcements and advertisements MUST be by NT Press, and not just on websites, or other computer devices alone. Mail must be used when essential.
18. No let off for abandoned stockpiles, holes in the ground, or failures to comply.
19. Darwin has enough tall buildings - safety and fires ?
20. No more community purpose land sold to developers.
21. NO MORE illegal Exceptional Development Permits.
22. Greater equality in third party appeals.
23. NTCAT to function as a Tribunal not a court.
24. Better documented applications for Planning Scheme Amendments.
25. Proper definition of ‘MAJOR PROJECT' status when Minister’s special power is used
26. Phasing out of NT Planning Commission when all Local Area Plans established.
27. Local Area Plans to be INDICATIVE -  Ministers could veto all proposed zone amendments as non complying- inflexible over years.
28. DCA Conflict of Interest needs clarifying.
29. Just process at DCA Hearings. No DCA recommendations before submitters speak.

 SUBMISSIONS NOW CLOSE FRIDAY, 6 DECEMBER, 2019

 MAKE SURE IT HAS YOUR NAME AND ADDRESS

 Best to ask for acknowledgement.

 SEND YOUR SUBMISSION  BY  EMAIL.  USE THE ADDRESS - This email address is being protected from spambots. You need JavaScript enabled to view it.

MAC

For more information.

Regards,

Nick Kirlew

Convener PLan: the Planning Action Network Inc

0447 499 749

This email address is being protected from spambots. You need JavaScript enabled to view it.

To get your PLan: the Planning Action Network 2020 membership visit our membership page on the website here https://planinc.org.au/membership.html