Submission to the NSW Government on planning

The Hon Paul Fletcher MP

Member for Bradfield

Submission to the NSW Government in response to Discussion Papers released in December 2023, ‘Explanation of Intended Effect: Changes to create low and mid-rise housing’ and ‘Transport Oriented Development Program’.

 

I am the Federal Member for Bradfield.

The electorate of Bradfield encompasses the entire Ku-ring-Gai local government area as well as portions of the Hornsby and Willoughby local government areas.

In December 2023, the New South Wales Department of Planning, Housing and Infrastructure (“Department”) released two discussion papers, one entitled ‘Explanation of Intended Effect: Changes to create low and mid-rise housing’ (“Housing Paper”) and the second entitled ‘Transport Oriented Development Program’ (“Transport Paper”) (collectively, the “Discussion Papers”).

The changes proposed in the Discussion Papers would have far reaching implications for the form and appearance of housing and urban communities across Sydney, Newcastle and Wollongong, and for the form and appearance of housing and urban communities in Bradfield.

It is important that measures be taken to increase the supply of housing. We all recognise that the population of Australia and Sydney is growing, and there are constraints on the supply of well-located housing which make it increasingly difficult for many people to buy or rent a home at a price they can afford.

It is also important that the policy objective of increasing the supply of housing be properly balanced with other important considerations. These include:

● The preservation of distinctive areas of urban heritage;

● The preservation and enhancement of the natural environment within our urban areas including tree cover;

● The preservation of the distinctive local character of particular localities within the very large metropolitan areas of Sydney, Newcastle and Wollongong;

● That the level of government which makes the planning rules which apply to a particular locality should be as close as possible to those who live in that locality and will be affected by those rules; and

● That the level of government which makes decisions in relation to particular proposed projects in an area (through the application of the planning rules) should be as close as possible to those who live in that locality and will be affected by those rules.

In the short time since the Discussion Papers have been released, there have been many concerns expressed about the proposals within them by stakeholders across the Sydney metropolitan area and beyond.

Many of my constituents in the electorate of Bradfield have contacted me to express their concerns.

I therefore make this submission to reflect the matters which have been raised with me by constituents.

Poor Consultation Process

The NSW Government’s consultation process in relation to the Discussion Papers has been poor.

They were first released in early December.

The time period allowed for a response to the Housing Paper was very short, particularly given that it extended over the Christmas holiday period. Given the wide-ranging nature of the proposed changes, it is unacceptable to allow less than three months for consultation - particularly when that three-month period includes a holiday period so that the effective time available is reduced.

The consultation process for the Transport Paper is even poorer. It explicitly states that consultation is not invited from citizens, only from councils. This is unacceptable.

The time frame contemplated by the Transport Paper is unacceptably short. It was released in December; it proposes that new rules for Transport Oriented Developments take effect only five months later, in April 2024. This suggests that any consultation is merely token, with decisions already having been made.

There has been no proactive attempt by the NSW Government to inform residents of Bradfield or any other affected area of the nature or extent of the changes proposed in the Discussion Papers. This falls far short of the normal standard expected in consulting with affected communities in relation to major infrastructure or planning changes.

Nor has there been adequate consultation or engagement with local councils. This has put councils in a difficult position as they seek information to assess the impact of the proposed changes. On 5 February 2023, Ku-ring-gai Council passed a motion authorising Council officials to lodge an application under the GIPA Act to obtain the analysis undertaken by the NSW Government concerning the impact of the planning changes on Ku-ring-gai. It is remarkable that such a step is necessary.

I understand that a range of local government organisations, including The Northern Sydney Regional Organisation of Councils and Local Government NSW, have expressed their disappointment in the NSW Government’s handling of this consultation process.

Low-and mid-rise housing

The changes proposed in the Housing Paper would have far reaching implications for the form and appearance of housing and urban communities across Sydney, Newcastle and Wollongong, and for the form and appearance of housing and urban communities in Bradfield.

This follows from the wide-ranging nature of the changes proposed:

● Within 400 metres of a train station or a designated shopping centre, apartment buildings of up to 21 metres in height (enough for six stories) will be permitted in areas zoned high density residential, medium density residential and general residential.

● In areas which are between 400 and 800 metres away from a train station or designated shopping centre, apartment buildings up to 16 metres (enough for four stories) will be permitted.

● In areas which are between 400 and 800 metres away from a train station or shopping centre, on any block greater than 500 square metres in size, the new rules will allow an existing freestanding home to be replaced with several terrace houses, each up to 9.5 metres in height; or with multi dwelling housing; or with ‘manor houses’ (a term for small, two story apartment blocks).

● Duplexes can be built on any residential block as long as it is at least 450 metres in size.

Many of these types of development are not presently permitted in the local government areas within Bradfield, or are only permitted to a very limited extent. The same is true of many other parts of Sydney.

The Housing Paper indicates that the NSW Government intends to bypass local environmental plan or development control plan standards by using non-refusal standards.

The consequence will be a fundamental change to the form and appearance of housing and urban communities within Bradfield, and in many other parts of Sydney.

In particular, much of Bradfield is zoned low density residential (R2). The proposal would allow fundamental changes to the character of these areas.

The Transport Paper

The first part of the Transport Paper concerns the eight ‘accelerated precincts’. These take in land within 1,300 metres of eight rail and metro stations. One, Hornsby, is partly within Bradfield.

The second part will see the creation of a new State Environmental Planning Policy for a further 31 precincts, defined as within 400 metres of a specified train station. There are 31 such train stations across the Sydney, Newcastle and Wollongong metropolitan areas; four

(Gordon, Killara, Lindfield, Roseville) are in Bradfield (and in the Ku-ring-Gai Local Government area).

The new planning controls will apply from April 2024. Within 400 metres of the 31 train stations, the changes will allow for an increase in maximum building height of 21 metres, or about 6 storeys. Other changes will include a floor space ratio of 3:1 and for there to be no minimum lot size or lot width.

There are serious questions about the process which has been followed here.

● How were the 31 stations chosen?

● Who made the choices?

● How were the stations allocated across the urban areas of Sydney, Newcastle and Wollongong?

● Why has there been no public process and no opportunity for citizens to make submissions?

● Why has there been no mechanism for the views of the proponents of this policy to be tested, for example by requiring the Department of Planning, Housing and Infrastructure to make submissions to a court or inquiry?

Relevant Factors

The combined impact of the measures proposed in the Housing Paper and the Transport Paper will have a profound impact. The New South Wales Government should carefully consider that impact, and give appropriate weight to the following factors which are relevant across many parts of Sydney, Newcastle and Wollongong, including the communities within Bradfield.

Heritage considerations

Many suburbs near railway lines have housing stock which is well over one hundred years old – reflecting the historic importance of railways in influencing patterns of development.

Impact on federation housing stock

The likely impact of the proposed changes on federation housing stock must be considered. This is a housing type which is distinctively Australian; representative of a vital stage of our history; and of which there is a limited stock remaining.

Impact on the character of local communities

There are many ‘village’ communities across our metropolitan areas which have a distinctive local character. Those characters have been developed over time but that could now be at risk.

Environmental considerations

High density development can result in reduced tree cover (with consequences including higher localised temperatures); reduced habitat for native wildlife; more concrete cover and hence more water runoff; and other detrimental environmental impacts.

Impact on parkland and bushland

Significant localised increases in population could adversely affect nearby national and other parks and areas of remnant natural bush land nearby.

Impact on local infrastructure

The impact of significant localised increases in population on demand for local sporting, recreational, parkland and other community facilities.

The Discussion Papers do not propose any measures to address these important factors. For example, no new funding has been announced to upgrade local roads, parks and community facilities to respond to the likely increase in demand.

Conclusion

The changes proposed in the Discussion Papers would be far reaching.

The amount of notice given to citizens is inadequate; the time frame for consultation is too short; and there are serious issues that need to be carefully considered.

I ask that you carefully consider the concerns I express on behalf of my constituents in Bradfield.

 

Paul Fletcher MP

23 February 2024