Regan pushes to secure role of RFS in planning changes

A decision on the Patyegarang/ Lizard Rock development in Belrose is expected to be released soon, as the State Government seeks to change the planning system to speed up housing builds.

On 17 September, the government announced it was proposing to streamline major development applications to go through a new Development Coordination Authority. At a local level it would also force councils to make decisions in 10 days for small variations to a complying development application (DA), or it would be ‘deemed approved.’

The Patyegarang development, which would see 370 homes built on what council says is bushfire- prone land, has been in limbo since December, following objection by the NSW Rural Fire Service (RFS). The panel which assessed the proposal said that while the DA had ‘strategic merit,’ the RFS must support the development before approval.

A spokesperson for the Department of Planning, Housing and Infrastructure told PL its representatives were continuing to work with the RFS in an attempt to resolve bushfire concerns. “Until those concerns are resolved, a decision on the rezoning cannot be made.” The government’s planning portal timeline says the minister will make a decision ‘mid-2025.’

The issue has resurfaced after release of the government’s new proposed planning regime, with several MPs, including Wakehurst’s Michael Regan, saying the government was attempting to minimise the role of emergency service advice, including that of RFS.

The Independent has drafted the Bushfire Protection Bill to enshrine the role of the RFS in the planning process – and avoid any ‘captain’s call’ by the new authority which could override RFS advice, Mr Regan explained.

“The RFS in my view should be the independent authority on bushfire. They have the skills, the expertise, the knowledge. It’s their volunteers that run into the fire to protect life and property.

“They are the local experts and know the conditions and fire behaviour.”

Mr Regan, Pittwater MP Jacqui Scruby and other members of the NSW crossbench wrote to Planning Minister Paul Scully to express their concerns, who replied saying the government had ‘no plans’ to change the rules about impact of bushfire on development.

However, Mr Regan is sceptical and will table his bushfire bill to be debated in parliament. “We will be strongly urging the government to ensure that the RFS role is not diluted,” he said.

The NSW Planning Systems Reforms Bill 2025 is expected to be debated in parliament early October.