What does ‘characterisation’ mean in environmental planning law and what effect does s.106 of the Environmental Planning and Assessment Act 1979 (NSW) have in relation to this ?
Characterisation in environmental planning law means the vivid description of the development of the use of the land or environment. This enables one to know the purpose of development and thus will cause one to know whether the components to be used in the development are either independent or ancillary. Characterization helps people to know whether a particular development would be permitted in a land a specific zone that should be under the environmental laws and regulations. In section 106 of the environmental planning act of 1979, states that the existing use is a use that is commenced legally, but could change and be prohibited under the new local environment plan. This section could have adverse effects on the characterisation of the environmental planning law (Park, 2010). This because there are a number of issues when it comes to the section such as the problem occur for the owners of commercial premises who have existing use of rights that change and become prohibited by the new local environment plans.
Another issue that has come up from this section for characterization is that the applications for consent by applicants have been causing problems. This fact could be because some of the applicant’s applications have been approved for projects then it I denied when a new environmental plan is issued. This inconvenience many people especially for the applicants. There are some problems that also occur for existing development projects in areas when they consent was issued. Therefore, when the consent is revoked, and the project is banned it causes many problems for the people in the region or land.
What is the effect of ss.79C, 94 and 97 of the Environmental Planning and Assessment Act 1979 (NSW).
In section ss.79c, of the environmental planning act has given the matters that need to be looked at before the application of development has been determined (Arbuckle et al., 1993). This matter could help or hinder the consent process by the authorities for the applicants who want to start development in the area. In looking at one of the matters of consideration where the suitability of the environment is involved could hinder the process of getting consent for a development plan. The public interest is also an issue that could help an individual to get consent for their application but when the project seems to be an obstacle for the people’s interests then this could cause one not to get consent.
In section 94, the act talks about the contributions or local infrastructure that could be paid to the local council (Hawley, 2012). This means that the local council has to gain something from a development project in order for them to consent to applicants of the intended project. This act is very good especially for the applicants who know what they are doing. This fact is true because the local council officers will negotiate and be able to come up with lasting solutions that will benefit both parties. For those people who do not have any plan will have a hard time trying to negotiate with the state thus will not be able to get consent for their development projects in the area.
In the section 97, it allows the applicants to appeal for any consent that has been rejected. This act allows people to have the right to be heard in the court of laws (Arbuckle et al., 1993). The act has both positive and negative effect on the applicant of a development project. Due to this act, the applicant can seek for appeal for a rejection of consent and might be able to win an appeal on a higher court. There are other applicants who are not so lucky thus lose the case all over again thus will have to shut down their development projects. In this act, the applicant can seek for a modification of the application and thus could end up benefiting them.
What does ‘sustainability’ mean in environmental planning law, and how and why is every NSW citizen bound to address ‘ecologically sustainable development’ in environmental planning and building matters?
Sustainability in environmental planning law can be defined as the process of achieving the needs of the present, but at the same time not compromising the future of the environment. It is claimed that sustainability does not aim to be the end goal but rather is a process or a journey that all people on NSW should do in order to have a better environment and future. The modern world is facing many challenges especially the environment. This fact is what makes every NSW citizen to be bound to address ‘ecologically sustainable development’ in environmental planning and building matters. In NSW, there is the State Emergency Planning Policy, which determines the state infrastructure and the development that is significant to the state (Petts, 1999). The state should also work jointly with the panels of the region in order to look at the development applications.
The joint workforce between the state government and the local council in looking out for the applicant’s development applications helps to ensure integrity and fairness in giving consent. Thus, the applicants who are the citizen will also have an ecological sustainable plan that will ensure that the environment will not be affected. When the local government has a sustainable planning with their services of the land and infrastructure will surely cause the improvement of the region and the citizen in the NSW. In order to achieve this plan, many local governments have implemented a good number of programs for the infrastructure and environment. The citizens of the land are bound to have ecological sustainable plans in their infrastructure and environment in NSW because of the laws they are bound to by the government. This is the reason that whatever development plan they might have they have to get the consent from the government in order to go ahead with their plan of development.
Reference
Anonymous., 2011. Land Use Planning. [Online] Available at: http://www.lgnsw.org.au/policy/land-use-planning
Anonymous., 2011. State Environment Policies. [Online] Available at: http://www.planning.nsw.gov.au/list-of-state-policies
Arbuckle, J., et al. 1993. Environmental Law Handbook. s.l.:Texas A & M University of Galveston Press.
Hawley, M., 2012. Savings provisions, existing uses and existing consents. s.l.:LindsayTaylor Laywers.
Park, H. 2010. NSW Planning Framework: History of Reforms. s.l.:e-brief.
Petts, J., 1999. Handbook of environmental impact assessment Volume 2. s.l.:Blackwell Publishing.
