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Council Decision Making and Independent Panels

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Council Decision Making and Independent Panels The Henry Halloran Trust Research Report Council Decision Making and Independent Panels Yolande Stone A Practitioner-in-Residence Project A review of the Evolution of Panels and their Contribution to Improving Development Assessment in NSW ISBN: 978-0-9925289-1-1 ACKNOWLEDGEMENTS This material was produced with funding from Henry Halloran Trust at the University of Sydney. The University gratefully acknowledges the important role of the Trust in promoting scholarship, innovation and research in town planning, urban development and land management. The University of Sydney, through the generous gift of Warren Halloran, has established the Henry Halloran Trust in honour of Henry Halloran, who was an active advocate for town planning in the first half of the twentieth century. He introduced and implemented new concepts of town planning in the many settlements he established, as part of h is contribution to nation building. The objective of the trust is to promote scholarship, innovation and research in town planning, urban development and land management. This will be achieved through collaborative, cross- disciplinary and industry-supported research that will support innovative approaches to urban and regional policy, planning and development issues. The Trust’s ambition is to become a leading voice and advocate for the advancement of liveable cities, thriving urban communities and sustainable development. For further information: http://www.sydney.edu.au/halloran I would also like to acknowledge and thank Professor Peter Phibbs Director, Henry Halloran Trust and Dr Michael Bounds, Coordinator of the Practitioner in Residence Program, Henry Halloran Trust for their guidance and support. I would also like to thank council staff, panel members and development assessment experts who provided valuable input into my research. DISCLAIMER The Henry Halloran Trust is an independent body, which has supported this project as part of its programme of research. The opinions in this publication reflect the views of the authors and do not necessarily reflect those of the Henry Halloran Trust, its Advisory Board or the University of Sydney. Contents 1. INTRODUCTION ......................................................................................................... 1 2. NSW COUNCILS INTERNAL AND INDEPENDENT PANELS .................................. 4 2.1 PRE LODGEMENT PANELS ........................................................................................................................ 5 2.2 DESIGN ADVISORY PANELS ...................................................................................................................... 6 2.3 ASSESSMENT ADVISORY PANELS ............................................................................................................... 8 2.3.1 Preliminary Application Review Panel - Internal ......................................................................... 8 2.3.2 Submission Review Panel - Internal ............................................................................................ 8 2.3.3 Consultation, Facilitation and Conciliation Panels - Internal ...................................................... 8 2.3.4 Assessment Peer Review - Internal ............................................................................................. 9 2.3.5 Independent Assessment Advisory Panels –the IHAP Model ...................................................... 9 2.4 DETERMINATION PANELS ........................................................................................................................ 9 2.4.1 Determination Panels - Internal ............................................................................................... 10 2.4.2 Independent Determination Panels – DAP Model .................................................................... 11 2.5 INDEPENDENT POST DETERMINATION REVIEW PANELS .............................................................................. 12 3. PROCEDURES AND PRACTICES OF COUNCIL INDEPENDENT EXPERT PANELS .......................................................................................................................... 13 3.1 MEMBERSHIP OF INDEPENDENT PANELS .................................................................................................. 13 3.2 POLICIES, GUIDELINES, CHARTERS AND CODES .......................................................................................... 15 3.3 LOCALLY SIGNIFICANT MATTERS CONSIDERED BY INDEPENDENT PANELS ........................................................ 16 3.4 PROCEDURES AND PROCESSES ................................................................................................................ 20 3.5 MONITORING AND REVIEW OF PANELS’ PRACTICES AND PROCEDURES ........................................................... 22 4. OTHER ASSESSMENT AND DETERMINATION PANELS .................................... 24 4.1 COMMISSION OF INQUIRY FOR ENVIRONMENT AND PLANNING .................................................................... 24 4.2 NSW STATE APPOINTED PLANNING ASSESSMENT PANELS ........................................................................... 25 4.3 PLANNING ASSESSMENT COMMISSION .................................................................................................... 28 4.4 JOINT REGIONAL PLANNING PANELS ....................................................................................................... 28 4.5 CITY OF SYDNEY PLANNING COMMITTEE .................................................................................................. 30 4.6 SOUTH AUSTRALIA DEVELOPMENT ASSESSMENT PANELS ............................................................................ 30 4.7 WESTERN AUSTRALIA DEVELOPMENT ASSESSMENT PANELS ........................................................................ 31 4.8 VICTORIA PLANNING ASSESSMENT COMMITTEES ...................................................................................... 32 5. THE ISSUES LEADING TO THE EMERGENCE OF PANELS ................................ 33 5.1 POPULATION GROWTH PRESSURE .......................................................................................................... 33 5.2 COMMUNITY INVOLVEMENT PRESSURES .................................................................................................. 34 5.3 REGULATORY PRESSURE: NEED TO STRENGTHEN LOCAL ASSESSMENTS ........................................................... 35 5.4 PRESSURE FROM PERFORMANCE MONITORING AND BENCHMARKING ............................................................ 36 5.5 PRESSURE ARISING FROM THE SHORT COMINGS IN STRATEGIC PLANNING ....................................................... 36 5.6 PRESSURE FROM COUNCILS’ LEGAL COSTS ................................................................................................ 38 5.7 PRESSURE FROM CORRUPTION RISK ISSUES ............................................................................................... 40 5.8 PRESSURE FROM PLANNING REFORMS ..................................................................................................... 43 6. STRUCTURAL FACTORS AND INDEPENDENT PANELS .................................... 46 6.1 ROLE OF COUNCILLORS AND COUNCIL OFFICERS ......................................................................................... 46 6.2 THE QUESTION OF DELEGATION ............................................................................................................. 49 6.3 RESOURCING AND COST CONSIDERATIONS WITH PANELS ............................................................................. 51 7. PERFORMANCE FACTORS AND INDEPENDENT PANELS ................................ 54 7.1 IMPROVING THE ASSESSMENT AND DECISION MAKING PROCESS ................................................................... 54 7.2 IMPROVING COMMUNITY ENGAGEMENT WITH PANELS ............................................................................... 56 7.3 ENSURING FAIRNESS WITH THE ASSESSMENT PANEL PROCESS ....................................................................... 58 7.4 PROVIDING FOR GREATER INTEGRITY OF DECISION MAKING ......................................................................... 60 8. VIEWS ABOUT NSW COUNCIL’S INDEPENDENT PANELS ................................ 61 8.1 VIEWS OF AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION ........................................................................ 61 8.2 COUNCIL VIEWS EXPRESSED IN RESPONSE TO THE WHITE PAPER ................................................................... 61 8.3 COUNCIL SURVEYS AND VIEWS ON THEIR PANELS ....................................................................................... 63 8.4 PROPERTY COUNCIL SURVEYS ................................................................................................................. 63 8.5 VIEWS OF THE ALLAN FINANCIAL SUSTAINABILITY INQUIRY .......................................................................... 64 9. THE FUTURE ROLES FOR INDEPENDENT PANELS ........................................... 66 9.1 THE POSITIVES AND NEGATIVES OF INDEPENDENT PANELS ........................................................................... 66 9.2 SOUND PRACTICE FOR INDEPENDENT PANELS ............................................................................................ 69 9.3 POTENTIAL ADDITIONAL ROLE FOR INDEPENDENT PANELS .......................................................................... 72 10. OBSERVATIONS AND CONCLUSIONS ..............................................................
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