Planning Amendment Bill 2020

This article is about preparing to respond to the Planning Amendment Bill, 2020 prepared by the ALP Government intent on passing it before the August election.

We hope this information will assist you if you intend to join those making submissions.  PLan: the Planning Action Network. Inc intends to make a separate one. but the more submissions from ‘ordinary people’  there are, the better. 

  1. Introduction

The Planning Amendment Bill, 2020 was introduced by the NT Government to the Legislative Assembly very soon after Christmas, on 13 February, 2020.

If passed by Parliament without change, the Bill  would replace entirely the existing Planning Act of 1999.

Consequently, ordinary Territorians would have even less say in their own well – being in terms of better planning of their communities.

  1. This Planning Bill is now officially before the Legislative Scrutiny Committee with your  submissions  now  invited from all.

 We encourage everyone who cares about their future way of life in the NT to make a personal submission about their planning rights, by the closing date of 11 March, 2020.

 The Bill, if passed, would  further strip away the planning rights of ordinary Territorians, by ‘legitimising’ changes in practice already witnessed for a long period. 

For present residents, it would destroy the social and cultural quality of life, through the abandonment of the true meaning of that most important word  ‘amenity’. It means ’the general pleasantness of an area in which to live’.  This is achievable through  detailed careful  local  urban design. This is the way to a sustainable population.

Instead, this Bill has the effect of entrenching  government policy, aimed to facilitate ‘big picture’  long term, large scale strategic planning through the NT Planning Commission, to give certainty to developers. 

This aim  is very clear in the changes to the essential Section 2A and Section 51 of the present Planning Act, 1999.  These are essential key clauses which the Development Consent Authority (DCA) MUST AT PRESENT consider in  approving or refusing individual development applications.  

The government’s Planning Reform has passed through three stages over three or more years each involving intensive and extensive submissions by the community, involving many hours of detailed work. Consultants have  been employed apparently with obvious  agendas.  Ultimately, with very few exceptions, the community’s submissions have been totally ignored, regardless of how the community has dedicated  itself to the process. 

THIS IS SIMPLY NOT ACCEPTABLE IN TERMS OF QUALITY OUTCOMES IN PLANNING FOR THE COMMUNITY, DENYING OUR RIGHTS, AND  NOT BEING IN THE PUBLIC INTEREST.

  1. Legislative Scrutiny Committee

What can you do?

The Legislative Scrutiny Committee has the responsibility to assess and review proposed legislation.  This is where the Planning Amendment Bill, 2020 waits  now.

Please read the official details below:

 

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Below is a copy of  ￴LSC@nt.gov.au including Terms of Reference.

 ****Note the key documents for perusal. The easiest way of comparing the old and the new is by reading the Explanatory Statement. In some instances such as the vital Section 2A (Purpose) and Section 51(Compulsory for DCA decisions) it is important to compare both actual old and new versions of the Planning Act.

Planning Amendment Bill 2020

Status – Key Documents – Contact

On 13 February 2020 the Legislative Assembly referred the Planning Amendment Bill 2020 to the Legislation Scrutiny Committee for inquiry and report in accordance with clause (4)(c) of the Committee’s Terms of Reference by 5 May 2020.

The Committee encourages all interested people to provide their comments and feedback on the Bill.

The Committee is to inquire into and report on:
a) whether the Assembly should pass the Bill;
b) whether the Assembly should amend the Bill;
c) whether the Bill has sufficient regard to the rights and liberties of individuals; and
d) whether the Bill has sufficient regard to the institution of Parliament.

Submissions should be sent to LSC@nt.gov.au by close of business Wednesday 11 March 2020

Status

Submissions due 11 March 2020

Key Documents

Planning Amendment Bill 2020
Explanatory Statement 
Statement of Compatibility with Human Rights
Planning Act 1999

Contact

Committee Secretary
GPO Box 3721
DARWIN NT 0801 
Telephone:  (08) 8946 1485
Email: Contact

The Committee will consider your submission and may authorise its publication and make it available on its website. If the submission contains information you do not wish to be made public, please notify the Committee immediately. 

A submission to parliamentary committees is the property of the Committee and should not be made public unless the Committee authorises its publication. 

To be kept up to date with what is happening with the inquiry you can subscribe for email updates at: https://parliament.nt.gov.au/committees/subscribe.Should you require any further information, please contact the Secretary to the Committee on 8946 1485 or LSC@nt.gov.au. “

Last updated: 04 Mar 2020.

*****My Note: Please double check  other internal links in text via Google for more procedural information.****

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4. (Not) Taking Community out of the Act  – An Essential Issue

Late in 2019, our organisation was involved in two special final public interactive planning meetings.  The community  stated strongly  that omitting the vital  word ‘Amenity’  from Section 2A and/or Section 51 of the proposed act, or insidiously  changing its meaning, would weaken the new Planning Act completely for its community outcomes.  At both of these well attended  public meetings, the  PLan group explained its position, putting forward the community’s needs very clearly. However, this has yet again been ignored in the drafting of the proposed Act we have in hand.

The PLan Convener provided a Desk Top Presentation, featuring past planning issues for first of the two meetings.  

Please open the icon, and follow the content. 

5. Conclusion
 
What is proposed here after three years of costly  public  relations expenditure and heavily steered  ‘consultation’ as  an amendment to the Planning Act,1999, would be regarded by government  as a completely new.  But it would be a totally inadequate Act.  Given what additional changes the government has foreshadowed, this is even more concerning, particularly as it would target the unknown long term future, and not the near future, or the present in which we live.
 
The new Act would continue to  lack practical balance. Nothing would have been added to  take account of the social, cultural, heritage and environmental  planning needs of the community. Instead the  new Act would be severely limited in scope and actually be  again a Development Act, rather than a Planning Act. 
 
The NT Government’s mindset is so predicated on the economic aspects of big planning, and not the social, cultural, heritage and environmental ones so important to the living fabric of community, it is failing the people of the Northern Territory. We wish to maintain our unique tropical style of living. Thus  for the most part, all the proposed new act would do would be to legitimise what they have long ignored or neglected, and justify the new processes they have fallen into using wrongly without consulting the public.
 
They call it a review, or a reform of the existing Planning Act. This should mean a clean, new, thorough all encompassing act, including what we have asked for again and again, for longer than I can remember, but instead the present government is  just making it easier for  themselves  and developers.
This Bill is not in the public interest for planning and takes away even more of our rights.
 
The present composition of the Planning Amendment Bill, 2000 is incomplete in scope. Assuming  the Legislative Scrutiny Committee is strong, fair, and wise, with genuine integrity, we are convinced that after scrutinising this Bill, they will decide:
 
That the Assembly should not pass the Bill, and 
 
 That the Bill has insufficient regards to the rights and liberties of individuals.  
 

Towards  better  planning for the community as a basis for our tropical style of living and raising healthy families,  we encourage all to make a submission, however large or small, to the Legislature Scrutiny Committee.

 

M A CLINCH

PLan: the Planning Action Network, Inc

89271999

 

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