The Guardian 5 April, 2006
Iemma Government
iron hand favours developers
Peter Mac
The Iemma Government in NSW has continues to trample the rights of the State’s citizens. Under legislation passed last week, the powers of local councils to approve development applications (DAs) may be taken from them and handed to a State Government development assessment panel.
The legislation was passed by one vote, and was supported by the Rev Fred Nile’s Christian Democrat Party, by John Tingle from the Shooters’ Party, and by the independent (formerly One Nation) David Oldfield. Similar laws are expected to be passed in South Australia and are being contemplated in other States.
In a remarkable example of "double-speak", the legislation includes the words: "These amendments will help the government respond to community concerns about council performance in planning and development".
However, it is the interests of developers, not the local community, which will be served by this legislation. Ken Morrison, executive director of Property Council NSW, exclaimed in triumph and arrogance, "We like to think this is the first step to wider reform of governance arrangements in the way we process development applications. Really, it’s an aberration that at the local level we have DAs assessed by politicians in a political forum in a council meeting."
Frank Sartor, the NSW Minister for Planning and for Redfern/Waterloo, agreed. He gave a clear indication of where his sympathies lie, when he declared he received eight requests a week from developers asking him to declare their projects state significant, and to take planning control from councils.
The new legislation also allows Sartor to intervene on "Section 94" plans, which permit local councils to place levies on developers to fund local infrastructure.
The President of the Local Government Association, Genia McCaffery, stated angrily: "We live in a democracy, and in a democracy we elect people to make decisions, and at least these people are then accountable at election time to the community who lives with their development decisions".
Greens MP Sylvia Hale described the Bill as "a property developers’ dream". She said that the property industry’s donation of $1.3 million to the two major parties in NSW last year "is a clear indication of which voices were being heard when this Bill was brought before Parliament".