- What does ‘characterization’ 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? (300 Words)
In environmental planning law, “characterization” refers to a set of procedures used for formulating and determining applications for land use development. At its minimum interpretation, characterization with respect to the development is centrally concerned with the location and allocation of development about its characteristics on the land. In this minimalist interpretation, the role of characterization is to provide a framework within which efficient criteria for formulating and enforcing regulatory decisions on development is made.
The Environmental Planning and Assessment (EP&A) Act of 1979, section 106, defines the existing use of land, work or building. In this context, the meaning of existing use is twofold. Firstly, as the lawful use of premises, work or land before the coming into force of an environmental planning instrument (EPI) such as LEPs and SEPPs. Secondly, as the use for which permission for development was given before the initiation of the provisions of an EPI (NSW.gov, 2014).
Administered by the NSW Department of Planning, the EP&A act outlines the management and development processes regarding the use of land. It also gives direction on the process for formulating environmental plans that regulate land use. The Act stipulates two types of environmental planning instruments (EPIs): Local Environmental Plans (LEPs) and State Environmental Planning Policies (SEPP).
“Characterization” in relation to subsection 106 of the Act, has consistently had a threefold function. Firstly, with respect to land use change and development, it provides long-term strategic context for decision making. Secondly, it is used for linking land use allocation and the terms of development to a number of planning considerations such as socio-economic and environmental changes. Thirdly, it provides a mechanism for coordinating and regulating the flow and stagnation of the various development projects. Thus, it prescribes the termination procedure for projects that stagnate without the possibility of future revival.
- What is the effect of ss.79C, 94 and 97 of the Environmental Planning and Assessment Act 1979 (NSW) (300 Words)
Subsection 94 talks about the Contribution towards provision or improvement of social amenities or services. In addressing the above issues, it regulates the change for approval land use, minor external works and internal alterations to identified commercial and industrial premises. Under this code, the most types of land use development are mainly either exempt development or complying development. This code states that any proposed land development necessitates consent unless permitted without consent by a certifying authority. This subsection prescribes three pathways for development. Firstly, exempt development that does not require approval but meets a certain set of standards. Secondly, complying development that meets certain predetermined standards of development and can be assessed by a certifying authority. Lastly, merit-based assessment, which requires a consent authority to assess development applications (DA). This clause streamlines development approval processes and reduces unnecessary complexity in development applications.
Subsection 97 addresses the issue of lapsing of consent. It spells out the duration of consent and circumstances under which the consent can be reduced by the consent authority. However, the reduction can be made if there is an adverse effect or contribution for the provision or augmentation of the public amenities and public services concerned (NSW, 2014).
Subsection 79 deals with the evaluation of development applications (DA). Under this sub-clause, DA proponents are required to nominate a planning instrument in their application. Consequently, they must use the standards set out in that instrument in its entirety for development purposes.
These triple sub-clauses in the act regulate land use in NSW and also allows for the creation of plans that guide the process of development and regulation of competing land uses. Consent authorities consider the provisions in these clauses when developing and implementing environmental plans such as Local Environmental Plans (LEPs). In addition, they grant conditions for consent.
- 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? (300 Words).
Sustainability refers to the ability or capacity of something to be maintained or to indefinitely sustain itself. According to SPA 2009, sustainability is based on the principle that everything humanity needs for survival and well-being depend on the natural environment (Environmental Defenders Office, 2013).
NSW citizens are bound to address the concept of sustainability because it creates and maintains the conditions for harmonious coexistence between humans and nature. These conditions fulfill the needs of present and future generations in terms of natural resources. Sustainability is, therefore, about taking what the present generation needs to live now and saving the rest for future generations. The Brundtland report describes sustainable development as those advancements that sustain the needs of the present generation, while considering those of future generations (IISD, 2013).
Sustainability development can be addressed by following the principles of sustainability: precautionary, inter-generational equity, conservation and valuation principles. The precautionary principle advocates preventive measures, especially in the wake of threats that could cause irreversible damage to the environment. Such threats include pollution and deforestation. Precautionary measures include installing exhaust filters and purifiers in automobiles to curb air pollution and practicing safe disposal of domestic and industrial wastes to reduce water pollution (Briggs, n.d.).
Inter-generational equity principle draws emphasis on the need to preserve the environment for the survival of future generations. Hence, it advocates efficiency in the use of natural resources and identifying the sources of wastage and correcting the. Individuals can implement this principle by incorporating actions such as switching off electric appliances and lights when not in use or limiting their use of charcoal fuel.
Conservation principle involves maintaining ecological diversity and integrity. Measures included in this principle encompass protection of endangered special and natural reserves. In this regard, individuals can assist in environmental policing by watching out for possible poaching threats. Improved valuation principle advocates efficient scientific methods for valuing and pricing the effects sustainable developments. Such measures will enable people to understand their roles in environmental preservation and consequently strive to reduce their environmental footprint.
Reference List
Briggs, P., n.d. New Land Use Planning Legislation for NSW. Herbert Smith Freehills, [Online] Available at: <http://www.herbertsmithfreehills.com/insights/legal-briefings/new-land-use-planning-legislation-for-nsw> [Accessed 28 October 2014].
Environmental Defenders Office, 2013.Submission on a New Planning System for New South Wales. White Paper Series, [Online] Available at: <http://www.planning.nsw.gov.au/newplanningsystem> [Accessed 28 October 2014].
International Institute for Sustainable Development (IISD), 2013. What is Sustainable Development? [Online] Available at: <http://www.iisd.org/sd/> [Accessed 28 October 2014].
NSW Government, 2014. Legislation and planning instruments. Legislation and planning instruments, [Online] Available at: <http://www.planning.nsw.gov.au/en-au/policyandlegislation/legislationandplanninginstruments.aspx> [Accessed 28 October 2014].
NSW.gov, n.d. NSW Legislation. [Online] Available at: <http://www.legislation.nsw.gov.au/viewtop/inforce/act+203+1979+FIRST+0+N/> [Accessed 28 October 2014].
