Australian Local Government Association

22 August 2005

Chapter 3: Planning

Contents of this page

• 3.1 Why planning is important
• 3.2 Planning issues
  • 3.2.1 Unforseen pace of development
  • 3.2.2 Implementation of local plans
  • 3.2.3 Community consultation
  • 3.2.4 Burden of development assessments
  • 3.2.5 Sustainable populations
  • 3.2.6 The burden of historic zonings

3.1 Why planning is important

Planning programs and policies are instrumental in the growth and development of a region. These policies play a key role in determining private and public land use, they can be used to prioritise council activities and set out council regulations for development. Planning policies can have a significant impact on a whole range of activities, such as biodiversity conservation, water supply and quality and the need for infrastructure provision. In addition, planning policies can influence social issues in the area and the economic growth of the region.

Each state and territory has their own planning legislation and programs. In addition, local governments develop planning instruments. Planning is done on two main levels within council, strategic planning and the more day to day development planning. Undertaking strong strategic planning can reduce the burden of development planning.

ALGA research notes that there is a significant shortage of planners in Australia. Local government employs around half of all planners, and most councils are experiencing a shortage of skilled staff. This creates problems in undertaking all council planning functions, yet planning permeates all council activities, particularly in relation to management of the coastal zone.

A number of state agencies, the National Sea Change Taskforce, research agencies and ALGA have undertaken work looking at the management of the coastal zone in recent months. All this work has highlighted the importance of strong and robust planning instruments. To produce this, local, state and commonwealth governments must work together to ensure appropriate outcomes can be achieved in an efficient manner.

3.2 Planning issues

3.2.1 Unforseen pace of development

Strategic plans are long term visions for future land use. Many smaller coastal communities evolved, often as holiday settlements, and were not subject to extensive strategic planning. In recent years these settlements have faced significant development pressure. As a result, infrastructure provision is now lacking, particularly in relation to the water cycle, transport systems and human services. The development pressure facing coastal communities highlights the need for strategic planning reviews to be undertaken. Recent ALGA research highlighted urban sprawl as a priority environmental issue in some states. This needs to be addressed through integrated strategic planning.

Options

Local, state and national governments need to undertake a co-ordinated response to addressing planning needs. Regional strategic plans are one option. Regional plans could provide an opportunity for neighbouring councils to work together to develop appropriate long term solutions to their planning issues. Assistance from state agency staff in the development of the plans would be required, as would adequate funding from commonwealth and state agencies to implement the plans. A timely, co-ordinated government approach will assist those councils who lack the resources or have a skills shortage to undertake the work by themselves. This way, improved environmental, economic and social outcomes are possible. Integrated regional strategies developed in collaboration can provide infrastructure and services in a co-ordinated manner that supports growth.

Issue

Unforseen pace of development

Pressure

Far greater populations than original plans catered for

Current situation

State governments require councils to develop and review strategic plans. Councils undertake reviews of these plans as required, however it is difficult to play 'catch-up', or to be strategic while addressing day to day issues and staff shortages

Outcome

Effective, transparent, updated, well researched and well resourced strategic plans for all LGA's

Action

Is your plan adequate or does it require a review?

3.2.2 Implementation of local plans

In addition to strategic plans, councils also develop a range of specific purpose plans, such as biodiversity strategies or foreshore management plans which also outline land use planning decisions and priorities of council. Some of these are statutory in nature, others are not. Despite an array of state and local government planning instruments, inappropriate planning still occurs, there is a lack of infrastructure in coastal areas and the loss of biodiversity continues. Why are strategic and statutory plans not being implemented and what can be done to remedy the situation?

A lack of integration of planning at a regional level may be just one reason for inappropriate developments occurring. In addition, there is often a lack of resources to implement local plans. Some councils undertake a number of planning initiatives without integrating them across the council. What would assist councils to effectively implement their plans and achieve real results? What is missing between the development of strategies and plans and their application in decision making at the local level?

Options

The ALGA survey of coastal councils highlighted the resourcing issues coastal councils are experiencing, particularly in the area of planning. To be effective, all departments within council need to be aware of the planning initiatives being undertaken by council. An understanding of the relevant legislation is also required by all staff. For instance, understanding changes to native vegetation or threatened species legislation is critical for all planning staff if it is to be effectively implemented.

The capacity of elected officials could be increased. There is no requirement for elected officials to have any understanding of the environment or coastal processes. Having an avenue to educate elected officials on the importance of biodiversity, the impacts of fragmentation, the need for adaptive planning in relation to climate change, the impact of coastal processes and other environmental topics is crucial to councillors being able to make informed decisions. The same can be said for the community.

3.2.3 Community consultation

To be effective, all planning must include widespread and in-depth community consultation. As Australia's coastal regions have undergone rapid growth, tension between long term residents, new residents, part time residents and tourists occurs. Often people move to an area for the perceived amenity value, however future developments may result in a loss of this perceived amenity. It falls back to councils to effectively manage these tensions.

The Shire of Augusta Margaret River is undertaking a project in conjunction with the CSIRO Sustainable Futures team. This project includes extensive community consultation to determine the values and drivers of the community. These values and drivers are used to inform the planning process. Wollongong City Council has also developed an innovative community engagement tool that can be used by all departments within council to effectively engage the community before works are undertaken or decisions are made. The tool involves community profiling and an engagement database to reduce consultation burnout of the community and so all council staff can find out what engagement each Department has undertaken. It has assisted all council departments to greatly improve their consultation with and engagement of the community.

Local governments are the best placed sphere of government to engage their community. However, it is a time consuming and costly exercise to undertake effective community consultation. As such, initiatives to assist councils to undertake the consultation themselves (or in conjunction with state agencies when regional planning takes place), rather than to bring in consultants, are preferred as this builds the capacity of councils to continue the work and effectively engage the community in the long term.

Options

Some councils require resources to undertake effective community consultation strategies at the scale required for good planning. An understanding of strategies developed by other councils, particularly neighbouring councils can also assist. When undertaking planning at a regional level, state governments can assist councils with community consultation. Alternatively, partnerships between local government and research bodies, such as the CSIRO who have a range of experts, including social scientists, need to be encouraged, as does information sharing between councils.

3.2.4 Burden of development assessments

One of the immediate concerns to councils is the high burden development assessments are having on council staff. This is affecting councils of all sizes. In the small rural shire of Augusta-Margaret River, around 600 building approvals and 530 planning approvals are lodged with council every year. As at June 2005, there were 94 outstanding planning applications. Augusta Margaret River has managed to reduce the number of outstanding applications from 250 two years ago by introducing a legal services unit to council. This unit has reduced the workload of planners and is staffed by law graduates.

Well resourced and researched strategic planning can reduce the burden on council staff from frivolous or speculative DAs. For instance, in Denmark Shire in Western Australia, extensive strategic planning across council activities and clearly defined parameters for undertaking development have resulted in developments that council and the community are pleased with. Also, the planning staff have the time to undertake strategic planning and not just process DAs. The Shire has a long history of effective strategic and statutory planning and implementation which is now allowing them to manage current pressures. Many other councils are not in such a fortunate position.

Options

A full exploration of the options available to councils to reduce the burden on the planing department and minimise legal costs to fight unsuccessful DAs is required. Innovative solutions to overcome a shortage of planners are required.

Having strong strategic plans in place can assist councils in their statutory planning. Providing funding support will assist councils to undertake planning initiatives and to develop decision support tools. Undertaking planning on its own is not enough. Funding and a will on behalf of the council to implement the plans are also required. Implementation is likely to be most successful when the planning is undertaken in-house, not by a consultant, as the council has ownership of the plan. Fully transparent and repeatable decision making tools are also highly important.

State governments should assist councils to undertake planning at a regional level. For this to be effective, excellent engagement of local governments in the region is required. The recent South East Queensland Regional Plan is a start. Not only was extensive planning undertaken at the regional level with widespread involvement of local government, but implementation funding is included. However, it is yet to be seen if all councils and the state have the capacity to implement the plan.

Issue

Large number of Development Assessments and a shortage of planners within councils

Pressure

Increasing development in coastal areas driven by growth in population and tourism

Current situation

Profit motive of landholders and developers

Lack of understanding of environmental issues by the community

Speculative and frivolous applications

Shortage of planners

Outcomes

Well resourced and researched strategic plans that clearly demonstrate the types of development activity allowed in each zone

Transparent and repeatable decision making tools for planners

Clear understanding by developers of their responsibilities

Action

Is your strategic plan adequate and effective or is it due for revision?

What tools will assist your planning department to reduce the burden of DA's? Can some of the burden be transferred, eg to developers?

3.2.5 Sustainable populations

For some time, there have been discussions around the need to develop sustainable population limits for Australian cities, particularly in coastal areas. A number of councils have developed Settlement Strategies but very little research has been conducted into what constitutes a sustainable population in coastal areas. Should populations be limited? Alternatively, it may be more useful to determine the most appropriate sites for further development and look at changes to housing densities in some areas, rather than limit development by population size. More efficient use of resources, such as water and energy, is also required for coastal populations to be sustainable.

The Eurobodalla Shire in NSW collated NRM data from numerous sources and undertook extensive GIS mapping to study all rural catchments in the Shire. This information was modelled to analyse the cumulative impacts of new developments. The project assisted council with their decision making regarding sustainable growth in the Shire, including determining carrying capacities and constraints of the catchment and was used to develop planning tools to assist council staff and developers to make good planning decisions.

Further research into the effectiveness of growth boundaries could be explored. These are used to some extent in Victoria. In Mornington Peninsula, the Shire has been extensively mapped and planned. It is very clear which areas are to be preserved, which areas are able to be developed, agricultural lands are set aside and the maps clearly outline potential land use. The growth boundary is under significant pressure and will be reviewed after five years. This will be a test of its effectiveness in the medium term. New councillors and new council staff may develop new planning policies as a result of this review. It would be interesting to analyse the effect the growth boundary has had on neighbouring shires.

Options

Undertaking research into the sustainable population limits in coastal areas and the effectiveness of growth boundaries will assist councils to understand and implement more sustainable development practices.

Issue

Should populations in coastal towns be limited?

Pressure

Population growth is increasing the demand for resources such as water and infrastructure, increasing the pressure on fragile ecosystems

Current situation

The current rate of growth cannot be sustained in many coastal towns

Outcome

A clear understanding of the extent and nature of population that can be appropriately sustained by the shire

Action

Investigate how current developments can be more sustainable, such as through energy and water rating schemes, limiting development to appropriate areas, ensuring development is economically sustainable. Undertake research into the resource limits within the shire and what populations can be sustained within those limits.

3.2.6 The burden of historic zonings

All council plans are constrained by past land use decisions, even if the developments are not undertaken for many years. Some shires are struggling with the issue of inappropriate developments due to historical zonings. For instance, 20 years ago, a rural property may have been granted a zoning to subdivide and building rights issued. However, these days this subdivision and building may result in inappropriate development. It may damage a valuable ecosystem, it may be costly to provide infrastructure to the site or it may result in environmental damage such as reduced water quality. However, the owner of the land believes they still have the right to act on the historic zoning. It can be expensive to change the zoning and remove building rights.

For instance, in Queensland under state legislation, compensation may be payable by local governments to landowners if a change to a planning scheme reduces the potential development value of land². In Douglas Shire, QLD, the council, with financial assistance from other spheres of government, has had to purchase properties bordering the Daintree to prevent further fragmentation of this valued ecosystem. Historic zonings and building rights will be purchased to prevent inappropriate development due to decisions made many years ago. This is obviously an expensive exercise and not one that local government can undertake on its own. The cost of overturning historic zonings is likely to limit the ability of other councils undertaking similar activities.

There are speculative developers purchasing rural lands with the idea of undertaking future developments and increasing the urbanisation of blocks. Undertaking adequate strategic planning or creating a growth boundary in the shire can assist to provide transparent planning tools to council and to potential developers. This may reduce speculative property investment and the demands these buyers can place on council.

Issue

Historic zonings resulting in less than appropriate current developments

Pressure

Profit motive and increased population and tourism

Current situation

Developments approved many years ago now look very profitable and are being progressed. Expensive to remove building rights or development approvals

Outcome

Remove inappropriate historical development rights

Action

Undertake a review of development rights and review what can be done to remove any that may adversely impact on council objectives or the environment