Local Government and Planning Law

Question: Discuss about theLocal Government and Planning Law. Answer: Introduction: This essay shows the arguments about the fact that the proposed large scale development plam for the historic Ingis stable yards in Randwick or Newmarket Green development shows the power of the state government. It ensured the controversial developments which were in spite of the concerns of the local opposition party and the clear community. Randwick Council proposed for some changes for developments for the planned redevelopment of the Newmarket Green site to the planning control.The arguments involved in this essay will help to understand this fact more clearly with the facts for and against this statement. Decision Making Process: The decision making process for the development of the Newmarket Green (Ingis site) which is located in Barket St. in Randwick is involved the Randwick Council and the Department of Planning and Environment. The rezoning proposal for this particular site was approved by this Department of Planning and Environment. Particular Development Control Plan (DCP) and amendments to Randwick Councils Local Environment Plan (LEP) were introduced. Proposed changes for the DCP include Open public place and Affordable housing. For the open public place, the proposal involved 5,000m2 of public open space. Though, the configuration, shape and rights for the public access of that place were totally uncertain. Proposed changes included more certainty with the proper specification of the minimum dimensions of 66mX76m and it must have frontages of two streets and it must be a single area and should not be used for any other use. As per the State Government of Randwick, these changes will promise an usea ble and accessible open public space. DCP was not included the affordable housing in the proposed site.this proposed changes included more certainty with 5% of the total housing that should be affordable for the key worker groups including the essential service personnel or the workers of the hospital[1]. The draft of this proposed development plan for the Newmarket Green (Inglis site) area was on public exhibition from 19th September, 2015 to 27th October, 2015 for any comment from the public. The hard copies of the proposed plan was available online, in Councils Administration Building, 30 Frances Street Randwick, Margaret Martin Library, Level 1, Royal Randwick Shopping Centre Randwick, Bowen Library, 669-673 Anzac Pde Maroubra and Malabar Community Library 1203 Anzac Pde Matraville for the general people. Randwick City Council considered the planning proposal in 2011. Then, the Council refused for further processing because of the extreme height and density and they were concern about amenity impacts and negative traffic. The Joint Regional Planning Panel approved the proposed plan in April, 2015. The planning control was performed by the Local Environment Plan (LEP). The guidance for the future development was provided by DCP and this guidance was adopted by the Department of Planning and Environment in March, 2015. The council then encouraged the members from the general public to provide their views and to submit their views online through the interactive form or through email at council@randwick.nsw.gov.au or through writing in the address to The General Manager Newmarket Green (Inglis site) Development Control Plan Amendments Ref: F2013/00156. 30 Frances Street Randwick NSW 2031 or by Fax 02 93191183. The Council staffs then received all the reviews from the general people and based on that prepared a report. This report represented in the meeting of the council. The councillors considered that report and determined the way to proceed[2]. Opportunity for Community: The development plan for the historic Newmarket Green (Ingis site) in Randwick was underestimating the future traffic and the roads located in this area. It is assumed that the proposal for the development of 750 homes, a park and various shops in the Newmarket Green area will increase the traffic flow by approximately 17% by the year 2021. It is seen that the Barker Street where the Newmarket is located is already a congested area. It is seen that the traffic figure that was shown in the proposed plan was not included the increase in the cars after the development will take place in the High Street for the construction of the CBD terminus and South East Rail Line. The residents were concerned that the ambulances will face traffic issues and will not be able to reach on time in the emergency situation within the Prince of Wales Hospital because of the increased traffic in the Barker Street. The development plan did not show this issue at all. In addition, Barker Street is one of the main entry ways to the University of New South Wales. The development plan did not include a plan to create a border for the Randwick Girls High School, Randwick Boys High School and Rainbow Street Public School. The Inglis family used the 5 hectare site since the year 1917 which was bought by Super fund Cbus Property in exchange of approximately $260 million. Super fund Cbus Property wanted to build 19 buildings with the height ranging from 2 to 8 storied including 750 homes, various shops, a park and the urban plaza. The analysis of Super fund Cbus Property says that this development should create approximately 385 vehicle trips in the morning and 346 vehicle trips in the afternoon peak time. Local politicians, parents and the residents were not agreed with this as they said that this figure was not included the parts of the High Street[3]. The proposed model made by Cbus was based on the survey in the year 2010 and 2015 which was before the placement of the environment impact statement of the light rail terminus. As per that statement the traffic in the area would change with the increase in the traffic flows on the nearby routes mainly in the Barker Street. The parents of the school students thought that the construction of the 8 storey building will make people to overlook the children in the school premises and it will not be for the welfare for the school children. The Category of Development, the Consent Authority and the Specific Legislative Requirements: The state government, the common people and the opposition were involved in the rezoning plan for the Newmarket Green Inglis area. As per the development plan, there are hundreds of new apartments were in line to be developed at the stable yards in Inglis area. The Inglis family purchased 4.45 hectre Newmarket site at Randwick in the year 1917. After that, they rezoned the area for the mixed uses with approximately 5000 square metres of open space for the public uses. This area attracted the eyes of the international buyers and the price expectations were approximately $250 million. As per the opinion of the Liberal mayor of Randwick named Ted Seng that the rezoning includes 700 units across 25 metre apartment towers in the area which was already populated with high density. The mayor wanted a better solution and because of that he wanted to meet the Planning Minister Rob Stokes. The mayor was also concerned about the public open space which in his opinion may not be in the size and shape as per the plan. The decision was steady as per the recommendations of the joint regional planning panel. The Department of Planning and Environment spokeswoman said that as per the rezoning plan, there was maximum reduction in the building height so that it fulfils the community concerns. This spokeswoman also informed that the size and shape of the public open space was the part of the application of the future development. William Inglis Son rezone the site with 900 apartments and then moved their operation to Warwick Farm[4]. The Legislative Requirements: The mayor of Randwick was Ted Send who wanted to have an urgent meeting with the new planning Minister Rob Stokes before getting the approval from the Department of Planning on the long weekend of Easter. This approval was about rezoning the Inglis site of stableyards which was located in Baker Street. This rezoning was for the residential development and for the open public place. The approval included 600-700 dwellings with 25metre high buildings. But, the proposed rezoning site was already populated area. Mayor lighted up in the matter that when the proposal came in December 2011, then they decided not to proceed with the plan because there was no support from the community and the planning proposal had also some negative impacts. The Department of Planning took the matter from the hand of the local government that time. But after 4 years, they decided to give approval for the rezoning plan with minor compromises. As per the opinion of the mayor, those compromises were not even concerned about the higher density or had any impacts on traffic or had any impact on the open public place. So that the Mayor wanted to meet the Planning Minister in an urgent basis and make him aware about these concerns and also try to work for a better solution. Though, the council was still concerned about the development and the impacts of these developments on the parking and traffic in the area near by the residential streets. The mayor of Randwick was also concerned about the fact that the area which was proposed for 5000 square metre of open public space was water down area. So, there was no guarantee that this area will be in the proposed size and shape and will be really benefitted for the general people. So, the Department decided not to zone the open public space as RE1 Public Recreation Zone as per the legal advice. But, the Department included a clause in the LEP. Mayor was afraid that this new clause may destabilize the previously located issues and also may create the pointless difficulty[5]. The exhibition organised for the common people to be aware about the proposed plan for the rezoning in the Newmarket Green (Inglis site) area in the Randwick City. The exhibition was organised by the Randwick City Council. The exhibition was about to start on 3rd March 2016 and it was about to end on 5th April 2016 for the interest of public. But, the Randwick City Council has extended the public exhibition for 7 more days till 12th April 2016. This application was for the stage 1 proposal. 9 development lots, 4 public roads, 1 open public space, 19 buildings with 2 to 8 storeys with approximately 750 residential dwellings, an urban plaza, 2163 square metres space for the commercial or retail uses, 5000 square metres area of public park, Big Stable Building for the commercial or residential uses and adaptive reuse of Newmarket House for the use of residents or commerce were included in this stage 1 proposal. The value of the application was estimated by approximately $160 million. Th is value was not determined by the Randwick City Council but, was determined by the Joint Regional Planning Panel. The starting cost for the proposal of rezoning of the Newmarket Green area was including 17% low cost housing surrender. Then this cost was reduced by 10%, after that it again reduced by 5% and then nothing. There were thousands of objections made by the local residents and the opposition party against the rezoning of this Newmarket Green site in the year 2011-12. That time, the objections were ignored by the NSW Government Joint Regional Planning Panel[6]. Conclusion: It is understood from the essay that Randwick City Council proposed the rezoning plan for the Newmarket Green site in the Barker Street in Randwick. This proposal was approved by the Department of Planning and Environment. The rezoning plan was included the extension in the residential area including affordable housing and open public space worth 5000 square meters. General residents were against this rezoning plan. They gave objections against this plan. But their objection was ignored by NSW Government Joint Regional Planning Panel. In this case, the state government of Randwick shown their power maintaining the planning laws. It ensured this controversial development without the consent if the opposition party and the local residents. Reference List: Inglis Development Application Exhibition Period Extended - Randwick City Council(2017) Randwick.nsw.gov.au https://www.randwick.nsw.gov.au/about-council/news/news-items/2016/april/inglis-development-application-exhibition-period-extended McKenny, Leesha,Inglis Development Rezoning: Randwick Mayor Seeks Urgent Meeting With Planning Minister(2017) The Sydney Morning Herald https://www.smh.com.au/nsw/inglis-development-rezoning-randwick-mayor-seeks-urgent-meeting-with-planning-minister-20150410-1mikwl.html Newmarket Green (Inglis Site) Development Control Plan Amendments | Your Say Randwick(2017) Yoursayrandwick.com.au https://www.yoursayrandwick.com.au/inglis Randwick Mayor Concerned At Inglis Rezoning - Randwick City Council(2017) Randwick.nsw.gov.au https://www.randwick.nsw.gov.au/about-council/news/news-items/2015/april/randwick-mayor-concerned-at-inglis-rezoning User, Super,Inglis/Newmarket Site(2017) Saverandwick.com https://www.saverandwick.com/index.php/developmentapplicationsproposals/inglisnewmarket-site