Email from Michael Mobbs – ‘Questions on notice about water, energy and car parking’.
Email from Michael Mobbs – Questions on notice about water & energy & car parking
22 November 2006
From: Michael Mobbs
Sent: Wednesday, 22 November 2006 12:44PM
To: Lesli Berger
Cc:
Subject: Fwd: Questions on notice about water and energy and car parking
Please see email below.
Michael
From: Ian Cohen
Sent: 22 November 2006 12:33PM
To: Michael Mobbs
Subject: Fwd: Questions on notice about water and energy and car parking
Hello Michael,
Sorry about the delay with getting these back to you. Parliament has been extremely busy these few weeks.
Please find answers (inadequate as they are) below. If you would like any other input on notice, today and tomorrow is the last chance.
0238-SUSTAINABLE OFFICE BUILDING IN DOUBLE BAY
Mr Cohen to the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Energy, Minister for Ports and Waterways, and Minister Assisting the Treasurer on Business and Economic Regulatory Reform-
1. Why has a new sustainable office building in Double bay at no. 376-382 New South head Road been attained to provide an electricity substation to serve the needs of Double bay electricity customers when the project was designed to use the least amount of electricity possible, at a premium cost to the developer, and when the new development was designed to use no more electricity than was already being supplied to the site?
2. Was assistance given to the sustainable office project at no cost to government? If not, why not?
3. Was a sustainable office project disadvantaged due to the mismanagement of the demands of other customers in the double Bay area? If so, why?
4. What compensation will be offered to the developer for the loss of 40 square metre of prime retail space that has been set aside for the provision of an electricity sub-station that will serve the wider needs of the Double Bay area?
5. What steps will the Minister take to ensure this matter does not occur again?
Answer:
1 to 5 – I am advised that Energy Australia received an application in March 2005 for supply of 300 amps to the development of 376-382 New South Head Rd, in Double Bay, a 2000 per cent increase on the existing power demand at the premises.
I am further informed that another application for supply to the premises was then received in August 2006 for an increase of 2668 per cent. It is a requirement under the Electricity Supply Act 1995 for a new development to provide space for a substation when the local street network is unable to provide the supply required by the development.
I am advised that Energy Australia is paying for the construction of a kiosk substation to support the increased power requirements of the site, while the developer is providing space for the substation
0237-BARRIER TO ACHIEVING SUSTAINABLE DEVELOPMENT
Mr Cohen to the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)-
1. Will the Environment Planning and Assessment Act be amended to remove the barrier to achieving sustainable development created by section 94 and related provisions and provide that councils may not require developers to contribute car spaces or financial contributions to build car parking when a developer offers sustainable transport alternatives such as car share or there are public transport options which should be given priority over private car use? If not, why not?
2. Will the Minister create a state-wide policy to ensure that section 94 levies are significantly reduced for development projects that achieve excellence in sustainability? If not, why not?
3. Is private car use a major cause of environmental pollution? If so, will the Minister prohibit the levying of section 94 contributions for car spaces?
Answer:
1. The Environmental Planning and Assessment Act provides the opportunity for councils to enter into voluntary planning agreements as an alternative mechanism to section 94 levies. Planning agreements can be applied towards a public purpose, including the provision of transport (and the funding of recurrent expenditure). Not applicable.
2. The contributions system provides for the discounting of contributions in order to achieve specific social, economic or environmental purposes. Not applicable.
3. This is a matter for the Minister for the Environment. Not applicable.
0236-SUSTAINABLE DEVELOPMENT PROJECTS UNDERTAKEN BY LOCAL COUNCILS
Mr Cohen to the Minister for Justice, Minister for Juvenile Justice, Minister for Emergency Services, Minister for Lands, and Minister for Rural Affairs representing the Minister for Local Government-
1. Does the Local Government Act and Environmental Planning and Assessment Act make local councils ‘gamekeepers and poachers’ by creating a conflict of interest situation in which councils are empowered to require developers to pay to them financial contributions for building council owned car parks which councils operate for profit and which are major contributors to climate change? If not, why not?
2. Will these Acts be amended to make clear that as part of their charter to achieve sustainable development in their areas, councils should wind down their existing unsustainable developments and businesses, such as car park, and give priority to public transport options, including car share facilities, and that such facilities should be given the use of existing council-owned car parks wherever possible and feasible?
3. Will the Minister exercise his powers under section 94EAA of the Environmental Planning and Assessment Act 1979 to amend the Woollahra section 94 Contributions Plan 2002 to ensure the owner of No. 376-382 New South Head Rd, Double Bay, is not financially penalised for a lack of on-site parking? If not, why not?
4. Will the Minister compel Woollahra Council to significantly reduce its section 94 contributions plan so that the council cannot impose a development tax in excess of 5 per cent of the construction costs of any proposed sustainable project in the Double Bay area, so as to ensure a financial incentive is created for future sustainable development? If not, why not?
Answer:
I provide the following details in response to your questions:
As Minister for Local Government, I am responsible for administering the Local Government Act 1993. While planning and development is a local government function, it is not a function of councils controlled by the Local Government Act and therefore does not fall within my portfolio area of responsibility.
Section 8 of the Local Government Act sets out a council’s charter. That charter, in part, requires a council to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development. Otherwise see answer to question (1).
Best regards,
Dominika Rajewski (for Ian Cohen)
>>>Michael Mobbs 11/20/06 6:40am
Good Morning Ian
When do you think you might be getting answers to your questions on notice?
Hope all’s well for you.
Thanks for your help.
Kind regards
Michael
Michael Mobbs
Sustainability Coach
Sustainable Projects