Jacqui Scruby calls for local exemption from new NSW planning HDA proposals
Pittwater should be exempt from NSW Government’s low and mid-rise housing policy reforms, the new independent MP, Jacqui Scruby, told Planning Minister Paul Scully in their first one-on-one meeting together.
Ms Scruby argued Pittwater should be excluded because bushfire, flooding and poor evacuation routes could put lives at risk. Other Local Government Areas, including Hawkesbury, Wollondilly and Blue Mountains, are already exempted for similar reasons.
‘A significant portion of the Northern Beaches LGA is considered a bushfire prone area by the NSW Rural Fire Service. Additionally with the National Park opposite the peninsula, the risk of ember attack is very possible.
‘We had a control burn that escaped containment lines only a few months ago that resulted in residents being warned it was ‘too late to leave’ and have had several bushfires in recent decades where properties have been lost. With climate change, fire risk will only increase,’ she explained in a follow up letter to the Minister.
She also pointed out that there are limited evacuation routes as Pittwater’s two major roads are not fully functional with the Mona Vale Road upgrade unfinished and Wakehurst Parkway frequently closed due to flooding, even with minor rain events.
‘Pockets of bushfire risk exist the whole way up the peninsula with only one arterial road – one way in and one way out – in the event of a fire. Additionally, in rural areas of Ingleside, Terrey Hills and Duffys Forest escape routes are also in bushfire prone areas and Mona Vale Road is a congestion and accident hot spot. Until the upgrades to this road are complete, this road is especially inadequate as an evacuation route.’
‘Flooding is also an issue with the 2022 floods blocking all roads in and out, making it an effective island. Future climate risk analysis shows this risk increasing,’ she added.
Ms Scruby argued that thousands of new dwellings are already planned for Brookvale and Frenchs Forest on the Northern Beaches in areas that do not face the same level of environmental risks, and that town centres in Pittwater do not have the infrastructure or amenities to support higher density developments.
‘I appreciate that housing is a critical challenge for our state, but the government cannot ignore the very real constraints and risk factors for intensification through low-and mid-rise housing reforms on the Northern Beaches, especially Pittwater.
‘The Northern Beaches LGA already has the highest projected average annual losses in 2060 from natural disasters, according to the NSW Government’s own analysis [1.].
‘The Northern Beaches is not against appropriate development that meets the planning controls. We have a proactive council and have a Local Housing Strategy to meet 2029 targets and beyond, as well as increasing more affordable housing, particularly for our essential workers.'
Ms Scruby has already argued against recent new NSW planning reforms giving large residential housing developments priority, as they will undermine local councils and other existing planning authorities.
The new Housing Delivery Authority (HDA), announced on November 15 by the Minns Government, is designed to accelerate large residential projects. It has been given significant new powers to allow new housing developments of $60m (or approximately 100 or more homes) in Greater Sydney and undertake rezoning.
The Minns Labor Government announced the establishment of the new state-led approval pathway for major residential housing projects, as well as a process for rezonings – neither having to be approved by councils.
The announcement has been strongly condemned by Cr Darriea Turley AM, the President of Local Government NSW (LGNSW), the peak body for local government.
"Councils are in shock and are bitterly disappointed. We know full well there is a housing crisis, and we honestly thought we were working with the State Government in good faith to address it. We were working collaboratively to improve the planning processes and ensure the voices of our communities are heard as part of any reform. Instead, without any warning, the Premier has moved the goalposts and dropped this bombshell," Cr Turley said.
"Removing councils from the spot rezoning process means removing the community's voice. It will give developers a clear run to propose their own height limits, density and green space settings – it means that developers will now run our communities, not residents," said Cr Turley.
"This is putting our communities in jeopardy - it's not just about amenity, it's about the liveability of our communities - not just for us but for generations to come. This new pathway will deliver windfall gains for developers and worsen congestion, create over-crowding and remove the safeguards that protect communities from inappropriate and ad hoc development. It also completely undermines community trust in planning."
"Undermining local planning will put even more pressure on infrastructure and communities, as residential towers rise where the roads, hospitals, schools and open space cannot accommodate them."
"This government is quick to blame delays on councils. Yet it is well established that the overwhelming cause of delays stem from infrastructure delivery issues, cost of materials, labour and financing harming project viability, and other hold ups from a multitude of government agencies."
"The housing crisis is serious and requires genuine, evidence-based solutions, not scapegoating that ignores the broader challenges in housing construction that are beyond the control of the planning system."
"LGNSW calls on the NSW Government to listen to all communities, not just developers, in addressing the housing crisis. Come back to the table and work with local government, not against us."
Pittwater MP Jacqui Scruby has stated, ''For Pittwater, these policies are a real risk - both for large development proposals like those at the site formerly known as Lizard Rock and potential inappropriate rezoning of areas such as Terrey Hills and Ingleside, without any community consultation or council assessment,’
‘New homes should not come at any cost. We need to assess what is appropriate at a local level and have regard to risks, infrastructure and amenity. I know this is something that many people in Pittwater will be concerned about and I will work to make sure important criteria are considered.’
The policy will be put to 'short and sharp' consultation so community groups, planning experts and residents should be prepared to make a submission. Ms Scruby will be personally reaching out to Pittwater’s local community groups and is planning a community information forum.
1. Read the full State Disaster Mitigation Plan (PDF 21.13MB)