Both the current LEPs (planning in Palerang is presently governed by no fewer than six (!) LEPs) and the new ‘unified’ Palerang LEP (currently only in draft form) contain both quantitative and qualitative requirements for new developments. The quantitative requirements are pretty straightforward: lot size, building height, slope of land etc. These are the bits developers tend to focus on when making applications, and determination of compliance is a simple matter of comparing numbers.
The qualitative requirements are not so straightforward, and they tend to lull existing residents into a false sense of security. While our planning rules, for example, state that a development must be consistent with the amenity and character of the surrounding area, they fail to identify by what means an assessment of amenity or character should be made. Needless to say, this is not just a simple matter of comparing numbers. And while residents in the vicinity of a proposed development could reasonably assume that it would be their assessment of amenity or character that was important, recent experience would suggest that this is not the case.
A downfall of both the past and present Palerang Councils is that there has been little effort to clarify this situation in the preparation of the new Palerang LEP. There has been a great deal of effort directed towards setting numeric parameters that will optimise development opportunity. There has been a great deal of resistance to the inclusion of clauses that limit development on the basis of environmental factors. And there has been very little effort on the part of the Council majority to clearly identify how the more subjective aspects of development applications should be assessed.
If there is no unambiguous means by which qualities such as amenity and character can be assessed within the scope of the proposed planning instruments, then serious consideration needs to be given to identifying these qualities more objectively. It may, for example, be necessary to be more specific about minimum lot sizes, building heights, or building envelopes in areas where amenity and character are threatened by indiscriminate development.
If this issue strikes a chord with you, be sure to provide your input when the new draft PLEP is put out for public comment.