Background working paper
Proposed
National Planning Template
Summary of Internal Research
as at August 2015
This is one of a series of background working papers prepared by the Ministry for the Environment to help inform the development of national planning standards. A list of all the background papers is available on our website:
Published in May 2017 by the
Ministry for the Environment
ManatūMōTeTaiao
PO Box 10362, Wellington 6143, New Zealand
ISBN Number: 978-0-908339-77-8
Publication number: ME 1283
© Crown copyright New Zealand 2017
This document is available on the Ministry for the Environment website:
Contents
1.Introduction
2.International Research
2.1.Introduction
2.2.Australia - Overview
2.3.New South Wales
Local Environmental Plans and the Standard Instrument
Standard Instrument
State-Wide Planning Information
2013 Planning Reforms
2.4.Queensland
Local Planning Schemes and the Queensland Planning Provisions
Queensland Planning Provisions
State-Wide Planning Information
2.5.Victoria
Local Planning Schemes and the Victoria Planning Provisions
Victoria Planning Provisions
State-Wide Planning Information
Victoria Planning Review
2.6.Tasmania
Interim Planning Schemes and the Tasmanian Planning Directives
The Tasmanian Planning Directives
State-Wide Planning Information
2.7.International Comparisons of ePlanning
Denmark
United Kingdom
3.Plan Structure and Format in New Zealand
3.1.Introduction
3.2.Structure of Regional Planning Documents
Regional Policy Statements
Combined Regional Plans
Regional Coastal Plans
Regional Land and Water Plans
Regional Air Plans
Summary
3.3.Structure of Unitary Plans
Combined plans/topics covered
Structure
District/Regional distinction
Summary
3.4.Structure of District Plans
Effects-based plans
3.5.General Variables in Plan Structure
Size of Plan
Sections and Chapters
Placement of Objectives and Policies
Order of District-Wide and Zone-Specific Provisions
Placement of Assessment Criteria
Summary
3.6.Online Availability and ePlanning in New Zealand
Interactive Online Plans and Enquiry Tools
GIS Mapping
Challenges with Online Plans and ePlanning
3.7.Other Research
Policy Drafting
Overlaps between Regional and District Plans
Planning Maps
4.Conclusion
1.Introduction
The National Planning Template team has conducted a range of preliminary research on a number of key planningissues relevant to the creation of a template, looking at both the current situation in New Zealand, and at some international jurisidictions. This document is a summary of those research projects.
The aim of this summary is to assist with information handover within the team, and to provide an accessible context for our future work programme and discussions with key stakeholders. It is a working document in progress, and is not a recommendation on any future policy decisions.
The research was undertaken over two main periods – late 2013-early 2014, and early 2015.The research has largely been a desk top exercise, based on documents and websites, so lacks the detailed context available from councils.
We have not attempted to update the reserach used in this summary, but are likely to do so as part of our future research programme.
2.International Research[1]
2.1.Introduction
Planning systems are specific to particular planning juristicitons. Each system is influenced by the nature of the underlying legislation, and the way roles, responsibilities and funding are distributed between different levels of government - local, metropolitan, regional, state, and federal. In the New Zealand system, the courts also play a key role in interpreting the legislation and in decision making.
Because of these differences, caution is required when using international examples as the basis for possible changes to the New Zealand planning system. However, with those provisos, it has been useful to look at how planning templates have been introduced and implemented in Australia where they are now in common use.
There is also valuable international information on the move towards providing more planning services online, and using spatial data to increase the public’s understanding of planning , commonly called “ePlanning”. We reviewed eplanning developments in Australia, Denmark and the United Kingdom.
2.2.Australia - Overview
In Australia, planning legislation and local government legislation are a state responsibility, with each state having its own departmental planning powers and minister responsible for planning legislation. There is consequently no national planning portal or other planning function provided by the Federal government. However the Council of Australian Governments (COAG), the Development Assessment Forum (DAF), and meetings and agreements between state planning ministers combine to provide a context and direction of travel for the planning systems in each state. There is also a “National ePlanning Strategy” produced in 2011 by a national committee on ePlanning.
This input at the Federal level has resulted in states reforming their planning systems in similar ways.These include the introduction of discrete development categories or “tracks,” working towards consolidating and integrating planning processes, reducing the need for multiple applications to different authorities and levels within the planning system, and the use of templates for local plans. However each state differs in the way it deals with state and regional planning policy and the way this is required to be reflected in the local planning documents.
Our review focussed on the templates for local planning schemes produced by councils. These cover most, although not all, of the core content of district plans in New Zealand. They are generally “activity-based”, and are more similar to plans produced under the Town and Country Planning Act 1977 than many NZ district plans which, to a greater or lesser extent, focus on effects. Typically the templates are legally effective upon publication but their provisions only take effect in a specific area when a local plan is made.
All local planning schemes require some form of approval at the state level. The centralised approval requirement predates the introduction of templates, and reflects the greater role of state government in planning in comparison with the role of central government in New Zealand. While plan provisions can be considered by the courts, this is less common in the Australian planning systems than it is in New Zealand.
We looked at the templates required for local planning schemes in four states -
- New South Wales (NSW)
- Victoria
- Queensland
- Tasmania
We primarily used websites and documents available on each state’s planning department website, supplemented in some cases by discussions with officers in the relevant state planning department, and with local planning practitioners.
2.3.New South Wales
Local Environmental Plans and the Standard Instrument
Local Environmental Plans (LEPs) are the key local planning document in NSW, with each council required to prepare an LEP in consultation with their communities, for final approval by the responsible Minister. The LEP can be supplemented by local Development Control Plans (a more detailed set of guidelines and codes covering all or part of a council area) but the LEP takes legal precedence in terms of zoning of land and categorisation of development.
Before 2006 there were no mandatory guidelines on the format or content of LEPs. As a result, the NSW local planning system had become highly complicated, and while there were recognisable similarities between plans, a total of about 5500 local planning instruments were in place (more than 30 per council area), along with 3100 zones and 1700 definitions.
In 2006, the NSW Government legislated for a common structure and language for LEPs; the Standard Instrument (SI). When the SI was introduced, all 155 NSW councils were required to produce a new SI LEP for their area, with a target for completion of 2011.
However, in 2009 the Planning Department found it necessary to revise the timeline, including choosing priority councils required to make faster progress. In February 2011, the Planning Minister approved more than $9.1 million in funding across 84 councils, for additional planning staff, assistance with consultation, improving Geographic Information System (GIS) mapping services, and the preparation of strategic land use studies to inform the development of the new LEPs. In 2012 the Department conducted a review into implementation of the SI.As at 11 June 2014, 94% of councils have completed an SI LEP, with the remaining 6% close to completion.
Standard Instrument
The NSW SI allows for, and in some cases requires, some local content and “customisation” of the SI provisions. Essential core content of an LEP is determined by the SI, which contains:
- 35 standard zones, each with a core set of standard objectives and a core set of exempt, permissible (consent required) or prohibited uses;
- 250 land use definitions;
- A suite of standard planning provisions that are either mandatory (non-discretionary) or compulsory if certain circumstances exist in a council area (e.g. coastal environment).[2]
In addition to the SI itself, a set of “model provisions” were developed for use by councils on an opt-in basis.
When preparing new LEPs using the SI, councils are able to:
- Decide which of the standard zones to use and where these zones should be placed within their boundaries, after considering any regional or State policies that apply to their area
- Add local objectives which provide greater explanation and detail to the standard zone objectives. This allows councils to outline their vision for land-use in the zone, taking into account local factors and land use strategies
- Add additional permitted or prohibited land uses for each zone in the land use table. For instance, a council may decide that neighbourhood shops and churches should be allowed in low density residential zones, while others may decide that they should not
- Prepare additional local provisions that address local planning issues and which reflect the outcomes of local and regional strategies
- Prepare maps (using GIS templates provided by the Department) that specify minimum lot sizes, maximum building heights and maximum floor space ratios (FSRs) appropriate for different parts of their local area – including having different heights and FSRs in the same zone,
- Suggest new definitions to the Department of Planning which could be suitable for inclusion in the standard dictionary for all councils to use. In practice, this has been extremely rare.
The SI is also supported by a range of guidance and advice notes. [3]
Development of new plans or amendments to plans must be endorsed by the Department, and final plans must be approved by the Department before they are made as a piece of State regulation. The relationships and protocols between councils and the Department ensure that time and energy is not wasted on plan processes that the Department or other state agencies will not support.
State-Wide Planning Information
The NSW Department of Planning and Environment provides details on the status of current plan amendments and the associated documents. [4]
NSW has an electronic Housing Code – a centralised web-based system that accesses planning data from 89 councils to provide a rapid approval pathway for complying housing development[5]; further councils are expected to be added in the near future.
In New Zealand terms, the housing code functions as a combined resource consent and building consent process for new houses, and most alterations and additions. The electronic housing code requires councils to provide GIS data to the State to support the Housing Code’s implementation.
Council-developed GIS data (using State templates) is also assimilated into downloadable state-wide shape files which can be accessed and used by applicants and the public.
2013 Planning Reforms
In 2013 NSW prepared planning legislation to create new planning processes and responsibilities, and a new plan template to supersede the 2006 Standard Instrument. This wider reform has overtaken the review of the SI, which started in 2011.
Integral to this reform is a move to a centralised system for storing and accessing planning information. This system will support all planning functions; plan changes, submissions, preparation and lodgement of applications, and records of decisions. However councils will retain the rights to amend their own plan data.
The new LEP, based on a template yet to be developed, will incorporate all planning controls and provide a complete “line of sight” for each council area, encompassing relevant State policies, council strategic plans, maps, and all planning provisions.
A Planning Reform Fundhas been set up to support council initiatives to “streamline the planning process, making it more strategic, efficient and transparent while enhancing community involvement”. In particular, it can assist councils by supporting the delivery of key strategic planning projects.The fund is generated by a “planning reform fee” placed on development applications for proposals with an estimated value greater than $50,000. More than $2.3 million was distributed in the last round of funding.
The NSW reform process has been informed by the Danish experience of setting up a centralised portal for all planning functions, as part of Denmark’s eGovernment strategy.
2.4.Queensland
Local Planning Schemes and the Queensland Planning Provisions
Local Planning Schemes (LPS) are the key local planning document in Queensland, with each council required to prepare an LPS in consultation with their communities, for final approval by the Minister of Planning. The LPS’s must give effect to all higher-order planning documents from the region and state.
The Queensland Planning Provisions (QPP) are the template for LPS’s and must be used when new plans are made. The QPP were introduced in 2009, and since then there have been two significant reviews. In the first review mandatory planning principles were removed due to opposition from councils to the mandatory inclusion of state wide planning principles in all planning schemes. They were replaced by a set of themes and drafting principles, to ensure state and regional planning intent is reflected in local plans.
The current QPP is version 3.1, with a draftversion 4.0 currently in the submission stage. [6]As at April 2014, only six councils out of 77 had completed plans that were QPP compliant. Five councils had yet to start the process, and the others were part way through the process. There has been some criticism from councils and consultants that the frequency of reviews of QPP has delayed commencement and/or completion of new plans.
Queensland Planning Provisions
The QPP contain both mandatory and non-mandatory sections. It contains a mandatory structure and format, along with 90 standard land use definitions, 35 standard zones, and a suite of standard overlays which can be included in the local planning scheme. Key content provided by local councils includes community and strategic vision statements, land uses which are permitted or require permission in each zone, and assessment criteria.
State-Wide Planning Information
Queensland has developed an Integrated Development Assessment System. [7] This allows an applicant to prepare and lodge an application in a central state-provided system. The application is then redirected to the appropriate council and, if required, to other relevant state government departments for assessment. There are specified timeframes for referral and assessment by different authorities. The final council approval incorporates all the relevant departmental requirements.
The online planning flowchart tool identifies relevant planning pathways and timeframes for different types of application and is very quick to use if the user has prior knowledge of planning processes. [8]
2.5.Victoria
Local Planning Schemes and the Victoria Planning Provisions
As in other states, each council produces a Local Planning Scheme. This must be consistent with the Victoria Planning Provisions (VPP), which were introduced in 1997 as part of significant reform of local government.
Victoria Planning Provisions
The VPP is a comprehensive set of standard planning provisions and provides a standard format and most of the content for all Victorian local planning schemes.[9] The State’s Planning Policy Framework forms the first sections of the VPP.
The local planning authority (usually the local council) must provide the local planning policy context, including a Municipal Strategic Statement; select the appropriate standard zones and associated uses; select from a set list of possible provisions for specific subject matter; and select from the available overlays in the VPP for inclusion in their planning scheme.
The VPP also has references to a number of state documents which are common to all planning schemes. Overall, the VPP allows for less flexibility in local content than the NSW and Queensland equivalents.
The VPP are regularly updated and are currently subject to the first substantial review since they were introduced. Changes to the VPP must be approved by the Minister, and any amendment to the VPP will also automatically amend the planning schemes which include those provisions, without any additional process.
State-Wide Planning Information
Victoria’s Planning and Community Development Department makes all local planning information available on a centralised planning website. [10] It aggregates council GIS data into a central online GIS portal which makes planning maps across the State easy to access, although to date there are no direct links between the maps and the associated text of plans. [11] Council mapping systems are not yet fully consistent, and the Department is understood to be reviewing the protocols for spatial data management.
Victoria Planning Review
Changes were made to Victoria’s Planning and Environment Act in 2013, to introduceimprovements to planning processes and reduce red tape in Victoria's planning system. A draft of a new Planning Policy Framework for Victoria is being consulted on. When this is implemented it will result in changes to the policies prescribed in the VPP, and the local planning schemes. Some of the policies are specific to particular geographic areas, while others deal with generic topics such as heritage and provision of infrastructure.