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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(i)
by enabling the City Council to order the owner or occupier of
land on which uncompleted development exists and on which no
substantial work to complete the development has been carried
out for 18 months to rectify the landscape of the land if the
development, because of its uncompleted state, adversely affects
visual amenity (proposed section 59), and
(ii)
by enabling the City Council or the Planning Committee to
refuse to grant a development consent unless the owner of the
land concerned agrees to rectify the landscape of the land if the
development, because of its uncompleted state, adversely affects
visual amenity (proposed section 60), and
* Amended in committee--see table at end of volume.
(iii) by enabling the City Council to levy a `
of 1% of the
estimated cost of a proposed development (other than hotel
development to which the Accommodation Levy Act 1997
applies) instead of a contribution under section 94 of the
Environmental Planning and Assessment Act 1979, and
(iv) by waiving the tendering requirements of the Local Government
Act 1993 that would otherwise apply to contracts entered into in
accordance with a condition of a donation to a public space
improvement project (proposed section 62), and
(v)
by requiring the disclosure of all donations made to public space
improvement projects (proposed section 63), and
to change the size and composition of the Central Sydney Planning
Committee by decreasing the number of members from 9 to 7
(involving a decrease in the number of "qualified person" members
from 4 to 2, excluding the Mayor of South Sydney and including a
government architect) (see Schedule 2 [2]-[4], and [ 1
l]), and
to provide for the appointment of a Deputy Chairperson of the
Planning Committee (see Schedule 2 [7] and [12]), and
to make further provision for the appointment of alternate members of
the Planning Committee (see Schedule 2 [S] and [9]), and
to change the meaning of "major development" (development in
respect of which the Planning Committee has exclusive power to grant
development consent) to replace 2 existing categories of development
(development by the Crown or by the City Council) with a new
category of development (development that the Minister for Urban
Affairs and Planning requests the Planning Committee to deal with)
and to make minor changes to other categories of major development
to give effect to provisions currently in the regulations (see Schedule 2
[1]), and
to change the role of the Planning Committee with respect to the
preparation of local environmental plans so that functions with respect
to the preparation of those plans (currently exercised exclusively by
the Committee) will revert to the City Council, but with the
Committee's consent to a draft local environmental plan being required
before it can be made by the Council, and the Committee being
empowered to initiate the preparation of draft local environmental
plans to facilitate non-complying major development (see Schedule 2
[5]), and
Explanatory note page 2
to make it clear that the Planning Committee's existing power to
determine development applications for major development is
exclusive to the Committee but does not affect any role of other
consent authorities, and to enable the Planning Committee to delegate
its development consent functions to the City Council, the General
Manager of the City Council, the Chairperson of the Planning
Committee or any subcommittee of the Planning Committee (see
Schedule 2 [6]), and
to give the person presiding at a meeting of the Planning Committee
(the Chairperson or Deputy Chairperson) a casting vote (in addition to
the existing deliberative vote) (see Schedule 2 [13]), and
to require the amendments made by the proposed Act to be reviewed
after 5 years (see Schedule 2 [17]), and
to make consequential and miscellaneous amendments (see Schedule 2
[10] and [14]-[16]).
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 gives effect to the Schedules of amendments to the City of Sydney
Act 1988.
Schedules l and 2 make the amendments to the City of Sydney Act 1988
summarised above.
Explanatory note page 3