1. Planning Panel Determination Analysis Table 2

ITEM CiS01 REPORTS 30/07/18

NORTH SYDNEY COUNCIL REPORTS

Report to General Manager Attachments: 1. Planning Panel Determination Analysis Table 2. Related Provisions under the EP&A Act 3. Information Package for Council Nominees 4. Planning Panels Code of Conduct 5. Planning Panels Operational Procedures 6. Planning Panels Complaint Handling Policy

SUBJECT: Sydney North Planning Panel - Membership Nomination 2018-2019

AUTHOR: Vera Xia, Student Strategic Planner

ENDORSED BY: Joseph Hill, Director City Strategy

EXECUTIVE SUMMARY:

On 20 November 2017, Council considered a report on the nomination of members to the Sydney North Planning Panel (SNPP) for the 2017-2018 period. Council resolved:

THAT Council write to former Councillor Marchandeau and Reymond asking whether they would be interested in taking on the role of Council’s representatives on the Sydney North Planning Panel for 6 months. THAT Council call for Expressions of Interest for the role of Council’s representatives on the Sydney North Planning Panel, commencing in 6 months’ time.

On 29 November 2017 and 6 December 2017, former Councillors Michel Reymond and Veronique Marchandeau respectively accepted Council’s invitation and confirmed that they would like to be Council’s representatives to the SNPP.

The current Council-appointed Panel members are Michel Reymond and Veronique Marchandeau, with Councillor Barbour as an alternate.

This report asks Council to reconsider the appointment of Councillors to the SNPP as per previous recommendations, noting that the option of retaining Council’s currently appointed Planning Panel members for the next 12 months is still available.

The report introduces the concept of remunerating any non-Councillor community representatives that are appointed, consistent with that of the North Sydney Local Planning Panel.

FINANCIAL IMPLICATIONS: The $750 fee proposed for community representatives on the Panel is equivalent to a cost of approximately $13,500 per year. This is proposed to be recouped via the Development Application fee for development that is required to be referred the Panel for determination at the time of lodgement.

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RECOMMENDATION: 1. THAT Council nominate two (2) Councillors with at least one (1) further Councillor nominated as an alternative to represent North Sydney Council on the Sydney North Planning Panel for a period of 12 months, OR 2. THAT in the event that recommendation 1 is not taken up, Council retain its current nominees being former Councillors Michel Reymond and Veronique Marchandeau, and alternate Councillor Stephen Barbour, to represent Council on the Sydney North Planning Panel for the next 12 months. 3. THAT the Panel membership be reviewed in 12 months’ time. 4. THAT community representatives be paid $750 per Panel meeting and that the appropriate arrangements be made to increase Development Application fees accordingly as such applications are required to be considered by the Sydney North Planning Panel.

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LINK TO COMMUNITY STRATEGIC PLAN

The relationship with the Community Strategic Plan is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.1 Council leads the strategic direction of North Sydney 5.2 Council is well governed and customer focused

BACKGROUND

On 18 May 2009, Council’s Planning and Development Committee considered a report regarding the nomination of Council appointed members to the Sydney East Joint Regional Planning Panel (JRPP). On 10 August 2009, Council resolved to nominate two (2) Councillors to be members of the JRPP and at least one (1) Councillor be nominated as an alternate member for a nominated period of three (3) years. Since that time, Council has continually reviewed the JRPP membership on an annual basis.

On 21 November 2016, the JRPPs were replaced by Sydney Planning Panels. North Sydney Council forms part of the Sydney North Planning Panel.

On 30 October 2017, Council considered a report in relation to the nomination of members to the Sydney North Planning Panel for 2017-2018 period. Council resolved to nominate Councillor Drummond and Councillor Mutton, with Councillor Barbour as an alternative, to represent Council on the Panel.

On 6 November 2017, Councillors Drummond and Mutton advised that they were unable to fulfil their commitment to the role and withdrew from their appointment.

Accordingly, on 6 November 2017, Council resolved at its meeting of 20 November 2017:

1. THAT Council write to former Councillor Marchandeau and Reymond asking whether they would be interested in taking on the role of Council’s representatives on the Sydney North Planning Panel for 6 months. 2. THAT Council call for Expressions of Interest for the role of Council’s representatives on the Sydney North Planning Panel, commencing in 6 months’ time.

On 29 November 2017 and 6 December 2017, former Councillors Reymond and Marchandeau accepted Council’s invitation in writing respectively and confirmed that they would like to be Council’s representatives to the Sydney Planning Panel.

CONSULTATION REQUIREMENTS

Community engagement is not required.

SUSTAINABILITY STATEMENT

The sustainability implications are of a minor nature and did not warrant a detailed assessment.

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DETAIL

Sydney Planning Panels were established to replace the JRPPs under the Greater Sydney Commission (GSC) on 21 November 2016. There are six (6) Sydney Planning Panels and boundaries for the Panels reflect the District boundaries declared under the EP&A Act. The North Sydney Local Government Area (LGA) is included within the North District and forms part of the Sydney North Planning Panel, alongside Hornsby, Hunters Hill, Ku-ring-gai, Lane Cove, Northern Beaches, Mosman, Ryde and Willoughby LGAs. Each of the Sydney Planning Panels consists of five (5) members:

 The chair (Peter Debnam, appointed by the State in January 2018);  Two (2) additional State members (John Roseth and Sue Francis); and  Two (2) council nominees of the relevant council who are Councillors, members of council staff or other persons nominated by the council.

The panels are responsible for:

 Determining “regionally significant” development applications and modification applications with a capital investment value more than $30 million;  Acting as the Planning Proposal Authority when directed;  Considering Rezoning Reviews, through which proponents can request a review if not supported by council, or if a council determination is not made within 90 days; and  Providing advice on other planning and development matters requested.

Council’s membership of the Sydney North Planning Panel has been determined on an annual basis. This report outlines the ability of a council representative to be nominated and also provides a brief analysis of the approvals that the Panel has made for Development Applications and Planning Proposals since the its commencement in 2009 (refer to Attachment 1).

1. Nomination of Members

1.1 How many persons are required to be nominated?

Council is required to nominate a total of two (2) people to become members of a Sydney Planning Panel. Council is also required to nominate at least one (1) additional person as an “alternate member”. Therefore, a total of three (3) people must be nominated by Council.

It should be noted that if Council fails to nominate one or more council nominees, a Sydney Planning Panel may still exercise its functions in relation to the area concerned. In the absence of Council elected representatives, the underlying intentions of Council’s planning controls and strategic direction may not always be correctly interpreted and applied by the state appointed members to the Sydney Planning Panel. Therefore, it is important that Council nominates members to the Sydney Planning Panel.

1.2 How long are members appointed?

Members are appointed for a maximum 3-year term. A member may be re-appointed for consecutive terms. However, Council may nominate members for a lesser period of time, if it so chooses.

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1.3 Are there any statutory requirements with respect to nominating a member?

At least one member is required under Division 2.4 of the Environmental Planning and Assessment Act 1979 (EP&A Act) (refer to Attachment 2) to have experience in one or more of the following fields: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

In accordance with the amendments to EP&A Act that comes into force on 1 March 2018, Property developers and real estate agents are no longer eligible to sit as the Panel members.

It is recommended that in order to meet the above criteria, that applicant must at least have a degree in one or more of the particular fields, and/or have been working within one of the particular fields for more than a five-year period.

Section 8.2 to EP&A Act requires that Panel determination are now subject to reviews of decisions made on development and modification applications. These reviews need to be undertaken by different Panel members to those who made the original decisions. Therefore, sufficient alternate council members should be appointed to carry out the review function in a timely manner.

Given that at least one Council nominated member must have experience in a relevant field, it is recommended that the alternate member nominated by Council also have relevant experience in one or more of the relevant fields, such that the minimum criteria for the two members can be continually met.

1.4 How are members to be nominated?

It is up to Council to determine how its members are selected and nominated. Prior to the commencement of Sydney Planning Panels, the Department of Planning and Environment (DPE) released an Information Package (refer to Attachment 3) to assist councils as to how they should nominate its members.

Section 5 of the Information Package identifies a number of selection criteria which a person must meet before being nominated. In particular, nominees should have:

 Senior level experience in dealing with multiple stakeholders;  High level communication skills;  Capability to drive high profile outcomes in a credible and authoritative manner  High level analytical skills; and  Knowledge of the assessment of complex developments and planning matters.

At least one member must have a high level of expertise in one or more of the following fields: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

With respect to a person’s ability to meet the selection criteria, Council should consider the person’s qualifications, skills, attributes and experience under each criterion along with any examples of their achievements relevant to the criteria. This would assist with determining the most appropriate people for the position.

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Section 6 of the Information Package for Council Nominees (refer to Attachment 3) outlines how councils should be guided in determining their nominations.

A key test for holding such a position is that all nominated members of Sydney Planning Panels are expected to act independently in reaching their decisions. For instance, if Council decides to nominate a member of its staff or an elected council representative, that member must not be subject to any influence by other council staff or Councillors on matters to be determined by a Sydney Planning Panel.

The DPE has released a Code of Conduct, Operational Procedures and Complaint Handling Policy to provide guidance on the issue of conflicts of interest (refer to Attachments 4, 5 and 6).

1.5 Who is generally considered to be suitable to represent Council on a Sydney Planning Panel?

When Council initially sought Panel appointments in 2009 it determined that appointing Council staff or members of the community was inappropriate. Whilst qualified, Council staff should not be nominated to represent Council on the Panel due to the potential for conflict of interest to arise.

At the time the appointment of a community representative was not considered appropriate because of:

 The need to pay a community member for their time;  The ability to find a suitable person;  Council may not agree with the decisions made by the nominated member; and  Potential for conflicts of interest.

Therefore, it was determined that the nomination of Councillors to the Panel was the only viable option. This approach is adopted by the majority of NSW councils. On this basis, it is still recommended that Council continue to adopt the same nomination approach and should nominate at least 3 Councillors for appointment:

 Two (2) of which must not be property developers nor real estate agents, and must have relevant experience in one or more of the following fields: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism;  One (1) of which is deemed to be an “alternative member.”

2. Existing Members

Council’s currently appointed members are community representatives (with the exception of the alternative who is a Councillor). In June 2018, Council staff contacted current members Michel Reymond and Veronique Marchandeau to ask whether they would be willing to continue to be Council’s representatives on the Panel for an additional 12 months, before drafting it as an option for Council’s consideration. They advised Council of their willingness to continue on this role.

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In the event that Council continues to appoint non-Councillor community members to the Panel then remuneration of their time should be considered.

3. Remuneration of Community Members

Council does not currently remunerate its community members for their role on the Sydney North Planning Panel. The Planning Panels Operational Procedures (refer to Attachment 5), states:

Each council is responsible for making payments to its panel members when they attend planning panel meetings.

At the time when the former Joint Regional Planning Panels (as the precursor to the Sydney North Planning Panel) were formally established in 2009, the then Minister for Planning suggested that:

While I have decided not to set the fees for Council nominated members, so that Councils are free to determine the fees paid to their appointed members, the following should be considered when setting fees:

Council staff members: No fees should be paid, as participation in the Regional Panel would form part of the employee’s regular duties, consistent with the Department of Premier and Cabinet Guidelines for NSW Board and Committee Members: Appointment and Remuneration on payment to Public Sector Employees.

Elected councillors: As councillors already receive an annual fee set by the Local Government Remuneration Tribunal each year for performing their councillor duties, an additional per meeting fee of no more than $600 appears reasonable, recognising that membership of the Regional Panel will bring additional responsibilities

Community members: Each council may determine an appropriate level of remuneration for that person, by arrangement with that member, but that a meeting fee not exceeding $1400 should be considered as a guide when determining appropriate remuneration rates. This is commensurate with the fee proposed for State appointed members.

Alternates: Alternate members, when serving on the Regional Panel, should receive fees commensurate to those paid to comparable council-appointed members.

Council did not pay its previous appointees as they were Councillors, and they were already receiving a Councillor allowance. Council staff consulted with other councils to determine how much they paid their community members who were appointed to the Sydney North Planning Panel. The fees varied greatly.

By way of comparison, community members appointed to Council’s Local Planning Panel are remunerated at $1,750 per day. The sitting hours of the Sydney North Planning Panel tend to be shorter. It is reasonable that given the similarity of the roles, that there should be some level of parity on this remuneration. Table 1 summaries the number of panel meetings that have occurred over the last 5 years. On average, there were eight to nine meetings per year.

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TABLE 1: Number of SNPP meetings from 2013 Meetings Meetings relating relating to to Rezoning Total Year DA Review meetings 2013 7 0 7 2014 6 0 6 2015 8 0 8 2016 8 2 10 2017 9 2 11 2018 (till July) 4 2 6

Therefore, it is recommended that should Council nominate community members as local representatives on the Panel, that they each to be paid $750 per meeting. To recoup part of this ongoing cost, a new fee may be introduced at the Development Application (DA) lodgement stage of the process for DAs that require referral to the Planning Panel.

This is foreshadowed in Council’s 2018/19 Fees and Charges Policy. This is subject to advice from the Department of Planning and Environment, which is yet to be reviewed.

It is estimated that the cost to Council for nominating two (2) community representatives as local members on the panel, will be approximately $13,500 per year.

4. Changes to the Panel Make-up

On 15 January 2018, the DPE announced new Sydney Planning Panel Chairs. The current three State members on Sydney North Planning Panel consist of:

 Peter Debnam (Chair);  John Roseth (member); and  Sue Francis (member).

A pool of alternates has been retained and consistent with the Minister’s appointment on 15 August 2016. They consist of:

 Peter Brennan;  Dr. John Griffin;  Clare Brown;  Dr. Andrew Kelly;  Susan Budd;  Stuart McDonald; and  Louise Camenzuli;  Julie Savet Ward.  Lindsay Fletcher;  Abigail Goldberg;  Mark Grayson;

Council appointed members for the relevant LGA will sit on the Sydney Planning Panel when considering matters in their LGA. Both State and Council members will be eligible to participate as a member of a Sydney Planning Panel for a period not exceeding three (3) years, but will be eligible for renomination after their initial appointment.

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TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2009SYE013 356/09 286-288 Pacific Highway, Demolish existing buildings and construct a new Day Refusal Approved Unanimous No Crows Nest Procedure and Diagnostic Centre 2010SYE014 435/09 520 Miller Street, Demolish existing buildings and construct a new Refusal Approved Unanimous No Cammeray mixed use development 2010SYE025 153/10 545-553 Pacific Highway, Demolish existing buildings and construct a new Refusal Approved Unanimous No St Leonards mixed use development 2010SYE040 435/09/2 520 Miller Street, Modification to approved mixed use development Refusal Refused Unanimous Yes Cammeray 2010SYE063 316/10 136-140 Walker Street Demolish existing buildings and construct new multi Approval Approved Unanimous Yes North Sydney storey mixed use building, comprising 2 levels of commercial space, 104 apartments, basement parking 2010SYE068 265/10 40 Ridge Street, North St Mary's, North Sydney Refusal Deferred Unanimous No Sydney Commencement Approval 2010SYE078 358/10 16-20 Lodge Road Demolish existing dwellings and construct a new Refusal Refused Unanimous Yes Cremorne dwelling 2010SYE087 435/09/3 520 Miller Street, Modification to approved mixed use development Approval Approved 4:1 Yes Cammeray (Clr Reymond refused) 2010SYE088 404/10 200-220 Pacific Highway, Demolish existing buildings and construct a new Approval Approved Unanimous Yes Crows Nest mixed use development containing 202 apartments, 7 serviced apartments, ground floor retail and 150 car parking spaces 2010SYE107 494/10 12-16 Berry Street North Demolish existing buildings and construct a new 9 Approval Approved Unanimous Yes Sydney storey mixed use building with basement parking 2010SYE112 503/10 211-223 Pacific Highway Demolish existing buildings and construct a new 18 Approval Approved Unanimous Yes North Sydney storey mixed use building containing 144 apartments with basement parking 2010SYE115 369/10 40 Edward Street, North Crown DA - Demolish three buildings and erect 2 Approval Approved Unanimous Yes Sydney new 1 story masonry buildings (one chapel and vestry/accessible WC building) and associated landscaping 2011SYE003 524/10 83-89 Chandos Street, St Demolish existing buildings and construct a new Approval Approved Unanimous Yes Leonards mixed use development 2011SYE008 519/10 156-158 Pacific Highway, Demolish existing building and construct a new 13 Refusal Refused Unanimous Yes North Sydney storey mixed use building, including 48 apartments and basement parking 2011SYE013 18/11 51-53 Chandos Street, St Demolish existing building and erect a new 12 storey Approval Approved Unanimous Yes Leonards mixed use building with basement parking 2011SYE017 356/09/2 286-288 Pacific Highway, Modification to approved Day Procedure and Approval Approved Unanimous Yes Crows Nest Diagnostic Centre

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TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2011SYE019 47/11 136-142 Walker Street Demolish existing buildings and construct a new 22 Approval Approved Unanimous Yes North Sydney storey mixed use building including apartments, commercial and basement parking 2011SYE026 67/11 50-52 McLaren Street, Stage 1 Concept Approval for an aged care Refusal Approved Unanimous No North Sydney development (subject to amendment) 2011SYE036 114/11 16-20 Lodge Road Demolish existing dwellings and construct multi level Approval Approved Unanimous Yes Cremorne dwelling 2011SYE050 145/11 239-247 Pacific Highway Demolish existing buildings and construct a new Approval Approved Unanimous Yes North Sydney multi storey mixed use building with 86 apartments and basement parking 2011SYE060 163/11 619 Pacific Highway, St Demolish existing buildings and construct a new 15 Approval Approved Unanimous Yes Leonards storey mixed use development 2011SYE062 205/11 177-199 Pacific Highway Demolish existing buildings and construct a new 31 Approval Approved Unanimous Yes North Sydney storey commercial building that has Part 3A Concept Plan approval 2011SYE073 404/10/2 200-220 Pacific Highway, Modification of an approved mixed use development Deemed Not Regional Development Crows Nest 2011SYE078 291/11 156-158 Pacific Highway Demolish existing buildings and construct a new 10 Approval Approved Unanimous Yes North Sydney storey mixed use building with retail space; 40 apartments and basement parking 2011SYE087 115/11 106 Kirribilli Avenue, Demolish existing heritage listed residential flat Refusal Approved Unanimous No Kirribilli building and construct a new 6 storey residential flat building with 5 dwellings and basement parking. 2011SYE100 114/11/2 16-20 Lodge Road, Section 96 application to modify condition relating to Deemed Not Regional Development Cremorne change of roof levels for new dwelling 2011SYE111 404/10/3 200-220 Pacific Highway, Modification of an approved mixed use development Approval Approved Unanimous Yes Crows Nest 2011SYE116 47/11/2 136-142 Walker Street Modification to consent - 2011SYE019 - mixed use Approval Approved Unanimous Yes North Sydney development 2011SYE119 467/11 144-150 Pacific Highway Demolish existing buildings and construct a new Refusal Refused Unanimous Yes North Sydney mixed use development consisting of commercial, serviced apartments, residential apartments. 2012SYE029 58/12 Bays 2-28 Ennis Road, Refurbishment of Ennis Road Bays to provide Withdrawn Kirribilli 5600sqm of net leasable area, facade restoration, short stay car park and new lift from Greenway Drive 2012SYE051 136/12 621 Pacific Highway, St Demolition of existing building and construction of a Approval Approved Unanimous Yes Leonards 17 storey mixed use development 2012SYE061 162/12 11-19 Albany Street, St New mixed use building Approval Approved Unanimous Yes Leonards

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TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2012SYE062 179/12 521 Pacific Highway, Demolition of existing buildings and construction of Withdrawn Crows Nest a 12 storey mixed use development with basement parking 2012SYE069 47/11/3 136-142 Walker Street Modification of an approved mixed use building Approval Approved Unanimous Yes North Sydney 2012SYE071 205/12 128 Miller Street, North New arts and creativity common, and associated Approval Approved Unanimous Yes Sydney works 2012SYE072 222/12 8-20 Napier Street, North Change of use of Levels 4-9 of commercial building Approval Approved 4:1 Yes Sydney to educational establishment (ACU campus) (Clr Reymond including 2 new lifts and library, for up to 850 refused) persons 2012SYE086 272/12 8-10 Berry Street, North Alterations and additions to educational Approval Approved Unanimous Yes Sydney establishment involving three additional floors, reduction of parking and changing vehicle access to rear 2012SYE087 494/11 40 Edward Street, North Library Opening Hours - Australian Catholic Approval Approved Unanimous Yes Sydney University 2012SYE095 145/11/2 239-247 Pacific Highway Modification of consent to change mixed use Approval Approved Unanimous Yes North Sydney building to 104 apartments, commercial space at ground level and 3 levels of basement parking for 77 vehicles 2012SYE097 343/12 211-223 Pacific Highway Demolition of buildings, construction of 21 storey Approval Approved Unanimous Yes North Sydney mixed use building containing retail/commercial and apartments 2012SYE112 405/12 35 Rocklands Road Four storey addition to Mater Hospital Approval Approved Unanimous Yes Wollstonecraft 2013SYE006 437/12 221 Miller Street North Demolition of existing buildings and construction of Approval Approved Unanimous Yes Sydney 21 storey mixed use building containing 173 apartments 2013SYE010 443/11 74-76 Pacific Highway, Car park, fencing, boom gate/ticket dispenser, Withdrawn North Sydney signage and bollards 2013SYE015 451/12 79-89 Chandos Street, St New Mixed Use Development Withdrawn Leonards 2013SYE043 405/12/2 35 Rocklands Road, Modification of consent with regard to relocation of Approval Approved Unanimous Yes Wollstonecraft liquid oxygen storage vessels 2013SYE041 126/13 74-80 Alfred Street, Adaptive re-use of existing building to accommodate Approval Approved Unanimous Yes Milsons Point a 16 storey mixed use development comprising retail and commercial, 129 units and basement parking 2013SYE062 205/11/2 177-199 Pacific Highway To modify Consent No 205/11 with regard to internal Approval Approved Unanimous Yes North Sydney reconfiguration; lowering podium by one storey; and extending floor plate at levels 7-9 to Pacific Highway boundary.

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TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2013SYE039 65/13 10 Falcon & 34-43 Demolition of supermarket and carpark and construct Approval Approved Unanimous Yes Alexander Street, Crows 5 story plus basement level building, with Nest supermarket, shops, public carpark, substation and signage 2013SYE075 292/13 225-235 Pacific Highway, Demolition of existing buildings; construction of 18 Approval Approved Unanimous Yes North Sydney storey mixed use building consisting retail and 190 apartments and basement parking 2013SYE061 239/13 144-154 Pacific Highway Demolish existing buildings, construct 24 storey Refusal Approved Unanimous No & 18 Berry Street, North mixed use building with basement parking Sydney 2013SYE059 187/13 18-20 & 22-24 Atchison Stage 1: 16 storey mixed use building (Site A) and Approval Approved Unanimous Yes Street, St Leonards Stage 2 envelope concept approval for 15 storey mixed use building (Site B) 2014SYE003 323/13 7-19 Albany Street, St Construction of a 10 storey mixed use building Approval Approved Unanimous Yes Leonards comprising ground and first floor commercial, 120 apartments, and 2 levels of basement car parking 2014SYE007 446/13 80 Arthur Street, North Construction of a serviced apartments building over Approval Approved Unanimous Yes Sydney basement parking with ancillary recreational facilities and a cafe and associated building signage 2014SYE098 205/11/7 177 Pacific Highway Modification of consent to extend construction and Withdrawn North Sydney excavation hours. 2014SYE066 93/14 20 Atchison Street, St Stage 2 application for a 16 storey mixed use Approval Approved Unanimous Yes Leonards building 2014SYE069 292/13/2 220-235 Pacific Highway Modification of consent to enable modifications to Approval Approved Unanimous Yes North Sydney the building envelope and facade design, internal replanning resulting in a total of 2ll apartments and parking for 161 cars. 2014SYE070 126/13/2 74-80 Alfred Street, Modification of consent in relation to location of Approval Approved Unanimous Yes Milsons Point waste and recycling facilities, configuration of retail access, motorcycle parking provision, apartment layout and efficiency, elevation changes and unit mix. 2014SYE051 128/14 2 Anzac Avenue, Construction of new public school, landscaping, Approval Approved Unanimous Yes Cammeray siteworks, signage and Anzac Avenue upgrade and associated services 2014SYE067 167/14 7-19 Albany Street, St Demolition of existing buildings and the construction Approval Approved Unanimous Yes Leonards of a 13 storey mixed use building comprising ground and first floor level commercial, 125 apartments and 2 basement parking levels

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TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2014SYE101 260/14 106-108 Parraween Demolition of existing structures and public carpark, Approval Approved Unanimous Yes Street, Cremorne construction of 3 storey mixed use building containing cafe/commercial/community health centre and affordable rental housing with basement parking. 2014SYE146 65/13/2 10 Falcon Street, Modification of consent to enable increased height of Approval Approved Unanimous Yes Crows Nest lift overruns, changes to car park layout, and a reduction in disabled parking. 2014SYE147 239/13/2 144-154 Pacific Highway Modification of consent to enable modification to the Approval Approved Unanimous Yes & 18 Berry Street, North building envelope and facade design of a multi level Sydney mixed use building, to increase the total number of apartments from 181 to 230. 2014SYE149 443/14 100 Miller Street, Reconfiguration of podium levels and construction of Approval Approved Unanimous Yes North Sydney a new hotel tower. Alterations and additions to podium to include supermarket, retail and food premises with new hotel. 2015SYE006 453/14 231 Miller Street, Demolition of existing building, construction of Approval Approved Unanimous Yes North Sydney mixed use building containing 61 apartments, retail and parking. 2015SYE036 65/13/3 10 Falcon Street, Modification of consent to enable modification to Approval Approved Unanimous Yes Crows Nest gradients of carpark ramps, provision of splayed driveway at entry and exit, increase driveway entrance height, and increase awning height. 2015SYE058 128/14/2 2 Anzac Avenue, Modification of consent to enable modifications to Approval Approved Unanimous Yes Cammeray facades and installation of a projection screen. Determinations between September 2015 and August 2016 2015SYE095 256/13 221 Miller Street, Demolition of existing office building, construction Approval Approved Unanimous Yes North Sydney of 22 storey mixed use building comprising 100 serviced apartments and 183 apartments with basement parking. 2015SYE096 260/15 Berrys Bay, Balls Head Partial demolition and adaptive reuse of existing Refusal Refused Unanimous Yes Road, Waverton development, construction of an 84 berth marina and associated facilities, including a yacht club, commercial uses, parking and landscaping. 2015SYE113 453/2014/ 231 Miller Street, Modification of consent to increase number of Withdrawn 2 North Sydney apartments from 60 to 61, increase parking spaces, change in apartment mix, replace north boundary setback with lightwell, and reduce setbacks to eastern and southern boundaries. 2015SYE117 327/15 101–111 Willoughby Excavation of site, construction of a 4-6 storey mixed Approval Approved Unanimous Yes Road, Crows Next use building, including 4 basement levels, speciality retail tenancies, a supermarket, 66 residential units, a public plaza and public car park.

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TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2015SYE136 115/11/2 106 Kirribilli Avenue, Modifications to an approved development, including Approval Approved Unanimous Yes Kirribilli internal layout changes to facilitate reduction in apartments from 5 to 3, and associated external changes. 2015SYE154 368/15 34–40 Ridge Street, Alterations and additions to an existing school, Approval Approved Unanimous Yes North Sydney including demolition of an existing building and construction of a new classroom building, new shade structure and demountable buildings. The proposal will provide for 155 additional students. 2015SYE162 443/14/2 100 Miller Street, Modification of consent to reconfigure podium levels Approval Approved Unanimous Yes North Sydney and new hotel tower. Alterations and additions to podium to include supermarket, retail and food premises with new hotel. 2016SYE012 486/15 168 Walker Street, Demolition of an existing office building and Approval Approved Unanimous Yes North Sydney construction of a mixed use development comprising basement levels, retail and commercial floor space, and 415 residential apartments. 2016SYE013 239/13/4 144–154 Pacific Highway Modification of consent for demolition of existing Approval Approved Unanimous Yes and 18 Berry Street, structures and construction of a mixed use North Sydney development comprising basement levels, commercial floor space, and residential apartments involving modifications and increase in apartment numbers from 218 to 232. 2016SYE015 487/15 229 & 231 Miller Street, Demolition of existing apartment building and Deferred Deferred Unanimous Yes North Sydney construction of 20 level mixed use building commencement Commencement comprising retail / commercial and 117 apartments Approval Approval with basement parking for 93 cars with minor works to 231 Miller Street. Determination between September 2016 and August 2017 2016SNH001 84-90 Atchison Street, Demolition of existing structures and construction of Refusal Refusal Unanimous Yes 413/16 Crows Nest a 6 storey RFB containing 39 apartments with basement parking for 53 cars.

106 Kirribilli Avenue, Modification of DA115/11 for construction of a Approval Approval Unanimous Yes 2017SNH001 115/11/3 Kirribilli residential flat building to provide one additional unit within the building and various changes to all levels of the building including basement entry and layout changes, facade changes including windows, materials and landscaping.

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TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2017SNH002 487/15/2 229 and 231 Miller Street, Modify Consent No 487/15 for various amendments North Sydney to an approved mixed use building including an Deemed refusal appeal additional level, increase the number of apartments *And then the ‘deferred commencement’ Condition has been satisfied by Council and car parking, modification to commercial space on 9 August 2017 and location of common room and new rooftop common area. 2017SNH016 19/17 118 Mount Street North Demolition of existing building and construction of Approval Approval Unanimous Yes Sydney 25 storey (including plant) commercial office building

2017SNH036 112/17 12A Shirley Road, Integrated Development - Subdivision into 2 lots; Wollstonecraft demolition of existing buildings; construction of child Withdrawn care centre for 154 children; construction of new dwelling; landscaping and tree removal. 2017SNH037 327/15/5 101-111 Willoughby To modify consent 327/15 with regard to commercial Approval Approval Unanimous Yes Road CROWS NEST space on mezzanine & ground floor, converting balconies to wintergardens, façade changes, level changes, unit layout changes, carpark modifications 2017SNH058 217/17 149 West Street CROWS Change of use from Crows Nest TAFE to Approval Approval Unanimous Yes NEST NSW 2065 Cammeraygal High School Senior campus, refurbishment of existing building, construction of multi-purpose hall, outdoor covered area, cut and fill, ESD upgrades with solar panels, removal of 60 car spaces, new security fencing. 2017SNH007 PGR 575-583 Pacific Hwy St The planning proposal seeks to amend the North Proceed to Gateway Proceed to Unanimous Yes 2016 Leonards Sydney Local Environmental Plan 2013 at 575-583 (subject to (Gateway subject NORTH Pacific Highway, St Leonards by: amendments to to amendments to 002_00 • increasing the maximum building height of from 26 planning agreement) FSR) metres to 56 metres; and • introducing a maximum floor space ratio of 7.37:1. 2017SNH046 2017 655-657 Pacific Highway, The Rezoning Review seeks to amend North Sydney Not to Proceed to Not to Proceed to Unanimous Yes NORTH St Leonards Local Environmental Plan 2013 to change the zoning Gateway Gateway 001_00 from B3 Commercial Core to B4 Mixed Use, increase the maximum building height from 49m to 200m, introduce a maximum FSR of 26:1 and minimum non-residential FSR of 7:1 and include an additional local provision for a bonus scheme at 655- 657 Pacific Highway, St Leonards.

SNPP (formerly known as JRPP) – Analysis of Determined Applications 7 ATTACHMENT TO CiS01 - 30/07/18 Page 16

TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. Determination between September 2017 from June 2018 2017SNH072 326/17 25 Shirley Road, 5-storey health facility building for residential and Under assessment Wollstonecraft day-stay programs, including basement parking, new driveway access and landscape works

2017SNH074 359/17 35 Rocklands Road Alterations and additions to hospital including 3 Under assessment Wollstonecraft levels of clinical accommodation and 2 levels of parking

2017SNH078 486/15/2 168 Walker Street North To modify consent for demolition of existing office Approval Approval Unanimous Yes Sydney building and the construction of a mixed use development comprising basement levels, retail/commercial floor space, and residential apartments with regard to increase in apartment numbers and parking. 2017SNH083 RR_201 41 McLaren Street North The Rezoning Review request seeks to amend the Not to proceed to Proceed to Unanimous No 7_NOR Sydney North Sydney Local Environmental Plan 2013 to Gateway Gateway TH_001 introduce a site specific provision to increase the _00 height of building control at 41 McLaren Street North Sydney. 2017SNH085 327/15/8 101-111 Willoughby To modify Consent 327/15 with respect to apartment Approval Approval Unanimous Yes Road CROWS NEST mix by removing all studios; increasing 2- & 3- bedroom units; reducing 70 apartments to 60 apartments; construction of new awnings & façade changes 2018SNH005 RR_201 173-179 Walker Street The Rezoning Review request seeks to amend the Not to proceed to Not to proceed to Unanimous Yes 8_NOR North Sydney North Sydney Local Environmental Plan 2013 to Gateway Gateway TH_001 increase the maximum building height and floor _00 space ratio controls at 173-179 Walker Street North Sydney. 2018SNH006 3/2018 6 John Street McMahons Floating dock facility to service commercial vessels Under assessment Point up to 1000T in weight

2018SNH010 DA214/ 149 West Street, Crows Section 96(2) application to make design changes to Approval Approval Unanimous Yes 17/2 Nest the multipurpose hall, additional excavation to under the hall to lower overall height and modification to landscaping arrangements

SNPP (formerly known as JRPP) – Analysis of Determined Applications 8 ATTACHMENT TO CiS01 - 30/07/18 Page 17

TABLE 1: Sydney North Planning Panel APPROVAL ANALYSIS Modifi- Determined the Council JRPP No. DA No. cation. Address Proposed Works Determination Voting same as Recommendation No. Council rec. 2018SNH013 70/18 118 Mount Street North Demolish existing building and construct 29 storey Under assessment Sydney commercial office building

2018SNH026 RR_201 23-25 Atchison Street St The rezoning review request seeks to amend the Under assessment 8_NOR Leonards North Sydney Local Environmental Plan 2013 to TH_002 increase the maximum building height and floor _00 space ratio control for the site at 23-25 Atchison Street St Leonards.

Applications processed by the Sydney Planning Panel between July 2009 and June 2018 Total received Total determined Consistent with Inconsistent with by the Panel by the Panel Council's Council's recommendation recommendation Number of 95 80 72 8 applications % - 100% 90% 10%

SNPP (formerly known as JRPP) – Analysis of Determined Applications 9 ATTACHMENT TO CiS01 - 30/07/18 Page 18

Environmental Planning and Assessment Act 1979 No 203

Current version for 15 June 2018 to date (accessed 26 June 2018 at 10:03) Part 2  Division 2.4

Division 2.4 Sydney district and regional planning panels

2.12 Constitution of Sydney district and regional planning panels (cf previous s 23G)

(1) The Sydney district planning panels specified in Part 3 of Schedule 2 are constituted for the particular parts of the Greater Sydney Region so specified in relation to each such panel.

(2) The regional planning panels specified in Part 3 of Schedule 2 are constituted for the particular parts of the State (other than the Greater Sydney Region) so specified in relation to each such panel.

(3) A Sydney district or regional planning panel is not subject to the direction or control of the Minister (except in relation to the procedure of the panel and any directions authorised to be given to the panel under section 9.1 or other provision of this Act).

(4) A Sydney district or regional planning panel is a NSW Government agency.

(5) The Minister may, by order published on the NSW legislation website, amend Part 3 of Schedule 2 for any of the following purposes: (a) to constitute a Sydney district planning panel and to specify the part of the Greater Sydney Region for which it is constituted (including by constituting a single panel for the whole of the Region),

(b) to constitute a regional planning panel and to specify the part of the State (other than the Greater Sydney Region) for which it is constituted,

(d) to change the name of a Sydney district or regional planning panel or to change the part of the Greater Sydney Region or State for which it is constituted,

(e) to make savings and transitional provisions consequent on any of the above.

2.13 Members of Sydney district and regional planning panels (cf previous Sch 4, cl 2)

(1) A Sydney district planning panel is to consist of the following 5 members: (a) 3 members appointed by the Minister (the State members),

(b) 2 nominees of an applicable council (the council nominees) who are councillors, members of council staff or other persons nominated by the council.

(2) A regional planning panel is to consist of the following 5 members: (a) 3 members appointed by the Minister (the State members),

(b) 2 nominees of an applicable council (the council nominees) who are councillors, members of council staff or other persons nominated by the council. ATTACHMENT TO CiS01 - 30/07/18 Page 19

(3) A person is not eligible to be a member of a Sydney district or regional planning panel if the person is: (a) a property developer within the meaning of section 96GB of the Election Funding, Expenditure and Disclosures Act 1981, or

Note. Section 96GB (1) of the Election Funding, Expenditure and Disclosures Act 1981 provides that property developer includes a person who is a close associate of a property developer.

(b) a real estate agent within the meaning of the Property, Stock and Business Agents Act 2002.

However, a person is not ineligible to be a member of a Sydney district or regional planning panel merely because the person carries on the business of a planning consultant.

(4) The State members of a Sydney district or regional planning panel are to be persons who have expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration. In appointing State members, the Minister is to have regard to the need to have a range of expertise represented among the panel’s members.

(5) At least one of the council nominees of a Sydney district or regional planning panel is to be a person who has expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

(6) Each applicable council is to nominate 2 persons as council nominees for the purposes of a Sydney district or regional planning panel. If an applicable council fails to nominate one or more council nominees, a Sydney district or regional planning panel is not required to include 2 council nominees for the purposes of exercising its functions in relation to the area of the council concerned.

(7) For the purposes of exercising the functions of a Sydney district or regional planning panel in relation to a matter, the council nominees on the panel are to be those nominated by the applicable council for the land to which the matter relates.

(8) In this section: applicable council means the council of an area that is situated (wholly or partly) in a part of the State for which a Sydney district or regional planning panel is constituted.

2.14 Chairperson of Sydney district and regional planning panels (cf previous Sch 4, cl 2)

(1) One of the State members of a Sydney district or regional planning panel is to be appointed by the Minister as chairperson of the panel.

(2) The Minister is required to obtain the concurrence of Local Government NSW to the appointment of a chairperson unless Local Government NSW: (a) fails to notify its concurrence or refusal to concur within 21 days of being requested to do so by the Minister, or

(b) refuses to concur in the appointment of 2 different persons proposed by the Minister.

2.15 Functions of Sydney district and regional planning panels (cf previous s 23G)

A Sydney district or regional planning panel has the following functions: (a) the functions of the consent authority under Part 4 for regionally significant development that are (subject to this Act) conferred on it under this Act, ATTACHMENT TO CiS01 - 30/07/18 Page 20

(b) any functions under this Act of a council within its area that are conferred on it under section 9.6,

(c) to advise the Minister or the Planning Secretary as to planning or development matters relating to the part of the State for which it is constituted (or any related matters) if requested to do so by the Minister or the Planning Secretary,

(d) any other function conferred or imposed on it under this or any other Act.

Note. Under section 9.7, a panel (or the Independent Planning Commission if acting in place of the panel) is, in the exercise of a function referred to in paragraph (b), taken to be the council and is to exercise the function to the exclusion of the council.

2.16 Miscellaneous provisions relating to Sydney district and regional planning panels (cf previous ss 23H, 118AD, 118AE)

(1) Schedule 2 contains provisions with respect to the members and procedure of Sydney district or regional planning panels.

(2) A Sydney district or regional planning panel is required to give written reasons for its decisions and make them publicly available on a website of or used by the panel. A decision is not invalid merely because of a failure to give or publish the reasons or all of the reasons for the decision.

(3) The regulations may make provision for or with respect to the following: (a) the functions conferred under this Act on a Sydney district or regional planning panel, including its procedures in exercising its functions,

(b) without limiting paragraph (a), providing that parties to matters being determined by a Sydney district or regional planning panel are not to be represented (whether by an Australian legal practitioner or any other person) or are only to be represented in specified circumstances,

(4) The Planning Secretary is, in the annual report of the Department of Planning and Environment, to report on the activities of Sydney district or regional planning panels during the reporting year under section 9.6.

(5) Legal proceedings by or against a Sydney district or regional planning panel are to be taken in the name of the panel and not by or against the members of the panel.

(6) A Sydney district or regional planning panel may, with the approval of the Minister, delegate any function of the panel under this or any other Act (other than this power of delegation) to: (a) a council, or

(b) a local planning panel of a council, or

for any area or part of any area for which the Sydney district or regional planning panel is constituted.

(7) For the avoidance of doubt, a member of a Sydney district or regional planning panel is a public official for the purposes of the Independent Commission Against Corruption Act 1988. ATTACHMENT TO CiS01 - 30/07/18 Page 21

Environmental Planning and Assessment Act 1979 No 203

Current version for 15 June 2018 to date (accessed 26 June 2018 at 10:02) Schedule 2

Schedule 2 Provisions relating to planning bodies

(Sections 2.3, 2.11, 2.12, 2.16, 2.20) Part 1 Preliminary

1 Definitions (cf previous cl 268C of EPA Reg)

In this Schedule: appoint means nominate in relation to a council nominee of a Sydney district or regional planning panel.

member means the chairperson, council nominee or other member of a planning body.

planning body means any of the following: (a) the Independent Planning Commission,

(b) a Sydney district planning panel,

(d) a local planning panel,

(e) a panel established by the Minister or Planning Secretary under section 2.3.

Part 2 Independent Planning Commission—public hearings and procedure

2 Definitions

In this Part: chairperson means the person appointed by the Minister as the chairperson of the Commission.

Commission means the Independent Planning Commission.

3 Public hearings by Commission (cf previous cl 268R of EPA Reg)

(1) The Commission must conduct a public hearing if (and only if): (a) the Commission is requested to do so by the Minister under section 2.9 (1) (d), or

(b) the Minister has determined in a gateway determination that the Commission is to conduct a public hearing into a planning proposal for provisions of a local environmental plan.

(2) The Commission must give reasonable notice of the public hearing: (a) by advertisement published in such newspapers as the Commission thinks fit, and

(b) by notice in writing to any public authorities that the Commission thinks are likely to have an interest in the subject-matter of the public hearing. ATTACHMENT TO CiS01 - 30/07/18 Page 22

(3) The notice of a public hearing must contain the following matters: (a) the subject-matter of the public hearing,

(b) the time, date and place of the public hearing,

(c) a statement that submissions may be made to the Commission in relation to the subject- matter concerned not later than the date specified in the notice (being a date not less than 14 days after the notice is given),

(d) if the public hearing relates to an application for development consent—a statement of the effect the public hearing will have on any appeal rights in relation to the application.

(4) If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that part of any public hearing is to take place in private and give directions as to the persons who may be present.

4 Attendance of witnesses and production of documents at public hearings (cf previous cl 268Q of EPA Reg)

(1) The chairperson of the Commission may require a person: (a) to attend a public hearing of the Commission to give evidence, or

(b) to produce to the Commission a document that is relevant to a public hearing conducted by the Commission,

at a time, date and place specified in a notice given to the person.

(2) A person must not, without reasonable excuse, fail to comply with a requirement to attend a public hearing, or to produce a document. Maximum penalty: $11,000.

(3) The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering a written statement.

5 Commission may restrict publication of evidence (cf previous cl 268U of EPA Reg)

(1) If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that evidence given before the Commission or contained in documents lodged with the Commission is not to be published or may only be published subject to restrictions.

(2) A person must not, without reasonable excuse, fail to comply with a direction given by the Commission under this clause. Maximum penalty: $11,000.

6 Reports by Commission after public hearing (cf previous cl 268V of EPA Reg)

(1) The Commission must provide a copy of its findings and recommendations after a public hearing held by it (a final report): (a) to the Minister or to such other person or body as the Minister may direct, and

(b) in the case of proposed development the subject of an application for development consent —to the consent authority and to any public authority whose concurrence is required to the ATTACHMENT TO CiS01 - 30/07/18 Page 23

development, and

(2) A final report must contain a summary of any submissions received by the Commission in relation to the subject-matter of the public hearing.

(3) A final report is to be made publicly available on the NSW planning portal within a reasonable time after it has been provided to the Minister or to a person or body directed by the Minister.

7 Annual report by Commission (cf previous cl 268W of EPA Reg)

(1) The Commission must provide to the Minister an annual report on its operations in the preceding year.

(2) An annual report is to be made publicly available on a government website within a reasonable time after it has been provided to the Minister.

8 Regulations

The regulations may make provision for or with respect to the following: (a) the procedures of the Commission, including the procedures for public hearings relating to any or all, or a class, of its functions,

(b) without limiting paragraph (a), providing that parties are not to be represented (whether by an Australian legal practitioner or any other person) or are to be represented only in specified circumstances,

(c) requiring the provision of information to the Commission for the purposes of a public hearing or the exercise of any of its other functions,

(d) the provision of information or reports by the Commission.

Part 3 Sydney district and regional planning panels—constitution

9 Constitution of Sydney district planning panels

The following Sydney district planning panels are constituted for the parts of the Greater Sydney Region (within the meaning of the Greater Sydney Commission Act 2015) situated within the local government areas specified in relation to each panel: (a) Sydney Eastern City Planning Panel—local government areas of Bayside, Burwood, Canada Bay, Inner West, City of Randwick, Strathfield, City of Sydney, Waverley and Woollahra.

(b) Sydney North Planning Panel—local government areas of Hornsby, Hunter’s Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Northern Beaches, City of Ryde and City of Willoughby.

(d) Sydney Central City Planning Panel—local government areas of City of Blacktown, Cumberland, City of Parramatta and The Hills Shire.

(e) Sydney West City Planning Panel—local government areas of City of Blue Mountains, City of Campbelltown, Camden, City of Fairfield, City of Hawkesbury, City of Liverpool, City of Penrith and Wollondilly. ATTACHMENT TO CiS01 - 30/07/18 Page 24

10 Constitution of regional planning panels

The following regional planning panels are constituted for the parts of the State situated within the local government areas specified in relation to each panel: (a) Hunter and Central Coast Regional Planning Panel—local government areas of Central Coast, Cessnock City, Dungog, Lake Macquarie City, Maitland City, Muswellbrook, Newcastle City, Port Stephens, Singleton and Upper Hunter Shire.

(b) Northern Regional Planning Panel—local government areas of Armidale Regional, Ballina, Bellingen, Byron, Clarence Valley, Coffs Harbour City, Glen Innes Severn Shire, Gunnedah, Gwydir, Inverell, Kempsey, Kyogle, Lismore City, Liverpool Plains, Mid-Coast, Moree Plains, Nambucca, Narrabri, Port Macquarie-Hastings, Richmond Valley, Tamworth Regional, Tenterfield, Tweed, Uralla and Walcha.

(c) Southern Regional Planning Panel—local government areas of City of Albury, Bega Valley, Coolamon, Cootamundra-Gundagai Regional, Eurobodalla, Goulburn Mulwaree, Greater Hume Shire, Hilltops, Junee, Kiama, Lockhart, Queanbeyan-Palerang Regional, Shellharbour City, Shoalhaven City, Snowy Monaro Regional, Snowy Valleys, Temora, Upper Lachlan Shire, Wagga Wagga City, Wingecarribee, Wollongong City and Yass Valley.

(d) Western Regional Planning Panel—local government areas of Balranald, Bathurst Regional, Berrigan, Bland, Blayney, Bogan, Bourke, Brewarrina, Broken Hill City, Cabonne, Carrathool, Central Darling, Cobar, Coonamble, Cowra, Dubbo Regional, Edward River, Federation, Forbes, Gilgandra, Griffith City, Hay, Lachlan, Leeton, City of Lithgow, Mid-Western Regional, Murray River, Murrumbidgee, Narrandera, Narromine, Oberon, Orange City, Parkes, Walgett, Warren, Warrumbungle Shire, Weddin and Wentworth. Part 4 Provisions relating to members of planning bodies

11 Terms of office of members (cf previous Sch 3, cl 5; Sch 4, cl 4)

(1) A member of a planning body holds office, subject to this Act and the regulations, for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment.

(2) That period may be determined by reference to the occurrence of a specified event or the completion of the exercise of particular functions of the planning body.

(3) A member is eligible (if otherwise qualified) for re-appointment.

(4) A member of the Independent Planning Commission may not hold office as a member for more than 6 years in total.

(5) A State member of a Sydney district planning panel may not hold office as a member of that panel for more than 9 years in total.

(6) A member of a local planning panel may not hold office as a member of that panel for more than 6 years in total.

12 Full-time or part-time office (cf previous Sch 3, cl 6; Sch 4, cl 5)

(1) The Minister may appoint a member of the Independent Planning Commission on either a full- time or part-time basis. The Minister may change the basis of the appointment during the member’s term of office.

(2) The office of a member of any other planning body is a part-time office. ATTACHMENT TO CiS01 - 30/07/18 Page 25

13 Deputy chairperson—Sydney district or regional planning panels (cf previous Sch 4, cl 7)

(1) A Sydney district planning panel or a regional planning panel may elect a deputy chairperson from among its State members (either for the duration of the person’s term of office as a member or for a shorter term).

(2) The deputy chairperson vacates office as deputy chairperson if he or she: (a) is removed from that office by the panel, or

(b) resigns that office by instrument in writing addressed to the panel, or

14 Remuneration of members (cf previous Sch 3, cl 7; Sch 4, cl 6; cl 268L of EPA Reg)

(1) A member of a planning body (other than a full-time member of the Independent Planning Commission) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

(2) A full-time member of the Independent Planning Commission is entitled to be paid: (a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and

(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.

15 Alternate members (except for Independent Planning Commission) (cf previous Sch 4, cl 8; cl 268M of EPA Reg)

(1) In this clause: appointing authority for a member of a planning body means the Minister, the Planning Secretary or the council that appointed the member.

planning body does not include the Independent Planning Commission.

(2) The appointing authority may, from time to time, appoint a person to be the alternate of a member of a planning body, and may revoke any such appointment.

(3) The Minister may direct appointing authorities to appoint persons as alternates of members of local planning panels.

(4) A person is not eligible to be appointed as the alternate of a member of a planning body unless the person is eligible to be appointed as that member.

(5) In the absence of a member, the member’s alternate may, if available, act in the place of the member.

(6) While acting in the place of a member, a person has all the functions of the member and is taken to be a member.

(7) A person may be appointed as the alternate of 2 or more members, but may represent only one of those members at any meeting of the planning body.

(8) In the case of State members of a Sydney district or regional planning panel or members of a local planning panel, a number of persons may be appointed as the alternate of one or more ATTACHMENT TO CiS01 - 30/07/18 Page 26

members. The person who may act in the place of a member on any particular occasion is the person determined by the chairperson of the panel concerned.

(9) A person while acting in the place of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.

(10) If the chairperson of a planning body is appointed from among a number of members of the body, the alternate of a member who is the chairperson does not have the member’s functions as chairperson unless the appointing authority authorises the alternate to exercise those functions.

16 Removal from office of members (cf previous Sch 3, cl 8; Sch 4, cl 9)

(1) The Minister may remove a member of a planning body (other than a local planning panel) from office at any time for any reason and without notice. However, the Minister must provide a written statement of the reasons for removing the member from office and make the statement publicly available.

(2) The Minister may remove a member of a planning body from office if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the removal of the member from office because of corrupt conduct by the member.

(3) In the case of a council nominee of a Sydney district or regional planning panel, the applicable council may remove the member from office at any time for any reason and without notice. However, the general manager of the applicable council must provide a written statement of the reasons for removing the council nominee from office and make the statement publicly available.

(4) In the case of a member of a local planning panel, the applicable council may remove the member from office at any time for any reason and without notice. However, the general manager of the applicable council must provide a written statement of the reasons for removing the member from office and make the statement publicly available.

17 Vacancy in office of member (cf previous Sch 3, cl 8; Sch 4, cl 9)

(1) The office of a member becomes vacant if the member: (a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) resigns the office by instrument in writing addressed to the Minister or, in the case of a council nominee of a Sydney district or regional planning panel or a member of a local planning panel), addressed to the applicable council, or

(d) is removed from office under this or any other Act, or

(e) is absent from 3 consecutive meetings of the planning body of which reasonable notice has been given to the member personally or by post, except on leave granted by the planning body or unless the member is excused by the planning body for having been absent from those meetings, or

(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or ATTACHMENT TO CiS01 - 30/07/18 Page 27

(g) becomes a mentally incapacitated person, or

(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(i) in the case of a member of a local planning panel—becomes a councillor, property developer or real estate agent and for that reason is not eligible to be appointed as a member of the panel.

(2) If the office of a member becomes vacant, a person may, subject to this Act and the regulations, be appointed to fill the vacancy.

18 Chairperson—vacation of office (cf previous Sch 3, cl 10; Sch 4, cl 11)

(1) If the chairperson of a planning body is appointed by the Minister or the Planning Secretary from among a number of members of the body, the person vacates office as chairperson if he or she: (a) is removed from the office of chairperson by the Minister or the Planning Secretary, or

(b) resigns the office of chairperson by instrument in writing addressed to the Minister or the Planning Secretary.

(2) A person vacates office as chairperson of a planning body if the person vacates office as a member of the body.

19 Effect of certain other Acts (cf previous Sch 3, cl 12; Sch 4, cl 13)

(1) The statutory provisions relating to the employment of Public Service employees do not apply to the appointment or office of a member.

(2) If by or under any Act provision is made: (a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

(b) prohibiting the person from engaging in employment outside the duties of that office,

the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

20 Special provision regarding composition of Sydney district or regional planning panel in the case of coastal protection works

(1) This clause applies where a Sydney district or regional planning panel deals with the determination of a development application regarding coastal protection works on land within the coastal zone (within the meaning of the Coastal Management Act 2016).

(2) If any State member of the panel (other than the chairperson) does not have expertise in coastal engineering or coastal geomorphology, the Minister is to appoint an alternate of the member who has that expertise, and that alternate member is to act in the place of the State member when the panel deals with the determination of that development application.

Part 5 Provisions relating to procedure of planning bodies

21 General procedure (cf previous cl 268D of EPA Reg) ATTACHMENT TO CiS01 - 30/07/18 Page 28

(1) The procedure for the calling of meetings of a planning body and for the conduct of business at those meetings is, subject to this Act, to be as determined by the planning body.

(2) Subject to this clause, a planning body is not bound by the rules of evidence.

(3) Nothing in this Schedule derogates from any law relating to Crown privilege.

22 Quorum (cf previous cl 268E of EPA Reg)

The quorum for a meeting of a planning body is a majority of its members for the time being.

23 Presiding member (cf previous cl 268F of EPA Reg)

(1) The chairperson or, in the absence of the chairperson, the deputy chairperson (if any) or a person elected by the members is to preside at a meeting of a planning body.

(2) In the case of the Independent Planning Commission, the chairperson may appoint a member to preside at a meeting of the Commission, in which case a reference in subclause (1) to the chairperson includes a reference to any such appointed member.

(3) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

24 Voting (cf previous cl 268G of EPA Reg)

A decision supported by a majority of the votes cast at a meeting of a planning body at which a quorum is present is the decision of the planning body.

25 Meetings (cf previous cl 268H of EPA Reg)

(1) The Independent Planning Commission may conduct its meetings in public, and is required to do so for the conduct of any business that is required by the Minister to be conducted in public.

(2) A planning body (other than the Independent Planning Commission) is required to conduct its meetings in public.

(3) A planning body is required to record meetings conducted in public (whether an audio/video record, an audio record or a transcription record). The record is required to be made publicly available on the website of or used by the planning body.

(4) A planning body may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members. Any such meeting is taken to be conducted in public if the meeting is recorded and the record made publicly available as required by subclause (3).

26 Transaction of business outside meetings (cf previous cl 268I of EPA Reg)

(1) A planning body may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the planning body for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the planning body.

(2) For the purposes of the approval of a resolution under this clause, the chairperson and each member of the planning body have the same voting rights as they have at an ordinary meeting of the planning body. ATTACHMENT TO CiS01 - 30/07/18 Page 29

(3) A resolution approved under this clause is to be recorded in the minutes of the meetings of the planning body and is to be made publicly available on the website of or used by the planning body.

(4) Papers may be circulated among the members for the purposes of this clause by electronic transmission of the information in the papers concerned.

27 Disclosure of pecuniary interests (cf previous Sch 3, cl 11; Sch 4, cl 12)

(1) If: (a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the planning body, and

(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the planning body.

(2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest of: (a) the member, or

(b) the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or

(3) However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2) (b) or (c): (a) if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or

(c) just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.

(4) A disclosure by a member at a meeting of the planning body that the member, or a spouse, de facto partner, relative, partner or employer of the member: (a) is a member, or is in the employment, of a specified company or other body, or

(b) is a partner, or is in the employment, of a specified person, or

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1). ATTACHMENT TO CiS01 - 30/07/18 Page 30

(5) Particulars of any disclosure made under this clause must be recorded by the planning body and that record must be open at all reasonable hours to inspection by any person on payment of the fee determined by the planning body.

(6) After a member has disclosed the nature of an interest in any matter, the member must not: (a) be present during any deliberation of the planning body with respect to the matter, or

(b) take part in any decision of the planning body with respect to the matter.

(7) For the purposes of the making of a determination by the planning body under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not: (a) be present during any deliberation of the planning body for the purpose of making the determination, or

(b) take part in the making by the planning body of the determination.

(8) A contravention of this clause does not invalidate any decision of the planning body.

(9) This clause extends to a council nominee of a Sydney district or regional planning panel, and the provisions of Part 2 (Duties of disclosure) of Chapter 14 of the Local Government Act 1993 do not apply to any such nominee when exercising functions as a member of the panel.

28 Code of conduct

(1) The Minister may approve a code of conduct that is applicable to members of a planning body.

(2) A code of conduct may relate to any conduct (whether by way of act or omission) in carrying out a member’s functions that is likely to bring the planning body or its members into disrepute.

(3) The Minister may authorise a planning body to vary a code of conduct in relation to the members of that planning body.

29 Provision of information by planning bodies (cf previous cl 268NA of EPA Reg)

A planning body must provide the Minister with such information and reports as the Minister may, from time to time, request.

Part 6 Planning Ministerial Corporation—property provisions

30 General land functions of Corporation (cf previous s 11)

(1) For the purposes of this Act, the Planning Ministerial Corporation may, in such manner and subject to such terms and conditions as it thinks fit, sell, lease, exchange or otherwise dispose of or deal with land vested in the Corporation and grant easements or rights-of-way over that land or any part of it.

(2) Without affecting the generality of subclause (1), the Planning Ministerial Corporation may, in any contract for the sale of land vested in it, include conditions for or with respect to: (a) the erection of any building on that land by the purchaser within a specified period, or

(b) conferring on the Corporation an option or right to repurchase that land if the purchaser has failed to comply with a condition referred to in paragraph (a), or

(c) conferring on the Corporation an option or right to repurchase that land if the purchaser wishes to sell or otherwise dispose of that land before the expiration of a specified period or ATTACHMENT TO CiS01 - 30/07/18 Page 31

requiring the purchaser to pay to the Corporation a sum determined in a specified manner where the Corporation does not exercise that option or right, or

(d) the determination of the repurchase price payable by the Corporation pursuant to a condition referred to in paragraph (b) or (c).

(3) A condition included in a contract of sale pursuant to subclause (2) does not merge in the transfer of title to the land, the subject of the contract of sale, on completion of the sale.

(4) In addition to other functions conferred or imposed on the Planning Ministerial Corporation under this or any other Act, the Corporation may, for the purposes of this Act: (a) manage land vested in the Corporation, and

(b) cause surveys to be made and plans of surveys to be prepared in relation to land vested in the Corporation or in relation to any land proposed to be acquired by the Corporation, and

(c) demolish, or cause to be demolished, any building on land vested in the Corporation of which it has exclusive possession, and

(d) provide, or arrange, on such terms and conditions as may be agreed upon for the location or relocation of utility services within or adjoining or in the vicinity of land vested in the Corporation, and

(e) subdivide and re-subdivide land and consolidate subdivided or re-subdivided land vested in the Corporation, and

(f) set out and construct roads on land vested in the Corporation or on land of which the Corporation has exclusive possession, or on any other land with the consent of the person in whom it is vested, and

(g) erect, alter, repair and renovate buildings on and make other improvements to or otherwise develop land vested in the Corporation or any other land, with the consent of a person in whom it is vested, and

(h) cause any work to be done on or in relation to any land vested in the Corporation or any other land, with the consent of the person in whom it is vested, for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument that applies to the land, and

(i) by notification published in the Gazette, dedicate any land vested in the Corporation as a reserve for public recreation or other public purposes and fence, plant and improve any such reserve.

(5) In the exercise of any function under subclause (4) (f), consultations are to be held with Roads and Maritime Services, the relevant council and such other persons as the Minister determines.

(6) In relation to any land (whether vested in the Planning Ministerial Corporation or not), the Corporation may exercise any function that is necessary or convenient to be exercised in, or for any purpose of, the application of any part of a Development Fund established under Division 7.3.

31 Power of Corporation to acquire land etc (cf previous ss 9, 10, 11, 12)

(1) The Planning Ministerial Corporation may, for the purposes of this Act or pursuant to any function conferred or imposed on the Minister or the Planning Secretary by an environmental ATTACHMENT TO CiS01 - 30/07/18 Page 32

planning instrument, acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

(2) Without limiting the generality of subclause (1), the Planning Ministerial Corporation may acquire in any manner authorised by that subclause: (a) any land to which an environmental planning instrument applies and which the Minister considers should be made available in the public interest for any purpose, or

(b) any land of which that proposed to be acquired under this clause forms part, or

(d) a leasehold or any other interest in land.

(3) The Planning Ministerial Corporation may acquire, by gift inter vivos, devise or bequest, any property for the purposes of this Act and may agree to the condition of any such gift, devise or bequest.

(4) The rule of law against remoteness of vesting does not apply to any such condition to which the Planning Ministerial Corporation has agreed.

(5) If the Planning Ministerial Corporation acquires property under subclause (3), neither an instrument that effects the acquisition nor any agreement pursuant to which the property is acquired is chargeable with duty under the Duties Act 1997.

(6) For the purposes of the Public Works and Procurement Act 1912, any acquisition of land under this clause is taken to be for an authorised work and the Planning Ministerial Corporation is, in relation to that authorised work, taken to be the Constructing Authority. Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply in respect of works constructed by the Planning Ministerial Corporation.

32 Notification of interests (cf previous s 12)

(1) The Registrar-General must, at the request of the Planning Ministerial Corporation made in a manner approved by the Registrar-General and on payment of the fee prescribed under the Real Property Act 1900, make, in the Register kept under that Act, a recording appropriate to signify: (a) that land specified in the request is held subject to a condition authorised under clause 30, or

(b) that a recording made pursuant to paragraph (a) has ceased to have effect.

(2) The Planning Ministerial Corporation is not to make a request pursuant to subclause (1) (a) except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold, but the Registrar-General is not to be concerned to inquire whether any such request has been made for that purpose.

(3) Where a recording pursuant to subclause (1) (a) has been made in respect of any land, the Registrar-General must not register under the Real Property Act 1900 a transfer of that land to or by a person other than the Planning Ministerial Corporation unless it would be so registrable if this Schedule had not been enacted and unless: (a) a recording pursuant to subclause (1) (b) has been made in respect of the land, or

(b) the consent of the Corporation to the transfer has been endorsed on the transfer.

(4) When a recording is made pursuant to subclause (1) in respect of any land, the Planning Secretary must notify the council in whose area the land is situated of the recording. ATTACHMENT TO CiS01 - 30/07/18 Page 33 Page 8

NSW GOVERNMENT Department of Planning

EXPRESSIONS OF INTEREST AND NOMINATIONS FOR THE JOINT REGIONAL PLANNING PANELS

Information Package for Council Nominees

May 2009 ATTACHMENT TO CiS01 - 30/07/18 Page 34

1. Joint Regional Planning Panels

1.1. About Joint Regional Planning Panels The NSW Government's planning reforms, aimed at delivering a more efficient and transparent planning system, include the establishment of Joint Regional Planning Panels (JRPPs).

The NSW Government is now requesting councils to nominate two persons to become members of the relevant JRPP. Each council should also nominate an alternate member, who could replace a council nominee if unavailable.

The NSW Government is also currently seeking Expressions of Interest (EOIs) for candidates interested in being appointed as State members of the JRPPs. This is being done through an advertised EOI processes.

The objective of JRPPs is to create a panel of people with appropriate expertise to determine development proposals of regional significance providing stronger-decision making through greater expertise, independence and regional knowledge.

Six regions are proposed to be established covering metropolitan and regional areas of NSW (see figure one). The JRPPs are planned to commence operation on 1 July 2009.

1.2. Functions of JRPPs The functions of JRPPs are to: 1. Exercise certain consent authority functions for'regional development'; and 2. Where requested, advise the NSW Minister for Planning on planning or development matters or environmental planning instruments in respect to the JRPPs' region.

JRPPs will also have such other functions as are conferred on them by the Environmental Planning and Assessment Act 1979 (EP&A Act). For example, JRPPs may have a role in relation to Local Environmental Plans (LEPs). This may include being appointed as the Relevant Planning Authority (RPA) for a LEP or, where requested by the Minister, reviewing or providing advice in respect of a proposed LEP. Where a JRPP is appointed as an RPA for a LEP, the Minister may also delegate plan making powers to the JRPP. JRPPs may also, in limited circumstances, be appointed by the Minister to exercise the functions of planning assessment panels under s.118 of the EP&A Act.

A regional panel is not subject to the direction or control of the Minister, except in relation to the procedures of a regional panel and to the extent provided for in the EP&A Act.

1.3. Commencement of JRPPs Under the current Planning Reform Implementation Program, JRPPs are targeted to commence operation on-1 July 2009.

1.4. Support and Training The Department of Planning will provide to Councils a detailed guideline to assist them prepare for the commencement of JRPPs. These guidelines will provide information on how JRPP matters are dealt with.

Prior to the commencement of the JRPPs, the DoP will conduct information sessions throughout the State for council staff, stakeholders and the community.

A Code of Conduct, based on the local government Model Code of Conduct, will be provided to all JRPP members.

2 ATTACHMENT TO CiS01 - 30/07/18 Page 35

Persons appointed as Panel members will be required to attend a training program that will be developed and provided by the DoP.

1.5. Council 's role in relation to matters under consideration by the JRPP The assessment of applications to be determined by the JRPPs is to be undertaken by the relevant council officers in which the proposed development is located. The council officers are to submit their assessment report and recommendations to the JRPP for determination.

Whilst the council will not be the determining body for JRPP matters, the council will have the opportunity to provide its views about any matters that are to be considered by a JRPP. The councils view may be provided to a JRPP by way of a submission in the same way that any other submissions about the matter are provided to a JRPP for its consideration in determining a matter.

The JRPP must consult the council prior to determining a matter which is likely to have significant financial implications for the council.

1.6. Consultation with stakeholders The DoP is currently engaged in a consultation process regarding aspects of JRPPs. Elements of the policy may be varied as a result of the consultations or further reviews that may be undertaken.

The performance of JRPP will be monitored regarding the number and type of DAs determined by JRPP and timeframes. This information will provide the basis for any reviews or regional boundary adjustments.

2. Membership of JRPPs

The JRPPs are to consist of five members as follows:

State Members: Three State members appointed by the Minister, each having expertise in one or more of the following: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration.

In appointing the State members, the Minister is required to have regard to the need to have a range of expertise represented among the panel's members. One of the State members will be appointed as the Chairperson of the JRPP. Each panel may elect a State member to be a Vice-Chairperson.

Council Members : Two council members appointed by each council that is situated in a part of the state for which a JRPP is appointed. At least one council nominee is required to have expertise in one or more of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism. Important additional selection criteria are listed in Section 2. It will be a matter for each council to identify how the nominees are to be selected. Guidance for councils in selecting their nominees is available in Section 3.

The council nominees will automatically become members of the JRPP for matters in that council's local government area.

3 ATTACHMENT TO CiS01 - 30/07/18 Page 36

If a council within the area of a JRPP fails to nominate one or more council nominees, a JRPP may still exercise its functions in relation to the area of the council concerned.

Alternates: A council may, from time to time, appoint a person to be the alternate of a member nominated by the council, and may revoke any such appointment.

3. Administrative and other matters

Administrative and technical support for the operations of the JRPPs will be provided by the PAC Panel Secretariat and through the Regional Branches of the Department of Planning.

JRPPs are independent bodies, accountable to the Minister, but otherwise not subject to the direction and control of the Minister. JRPP members will be required to act at all times in accordance with best practice probity and accountability requirements and to demonstrate impartiality in the exercise of their functions.

4. Coverage of JRPPs

Six regions are proposed, corresponding with the existing DoP regions. These are: • Northern Region • Hunter Region • Southern Region • Sydney Metro East Region; and • Sydney Metro West Region. Currently, it is proposed that matters in the Western Region will be covered by the existing Planning Assessment Commission (PAC). The JRPP provisions do not apply in the City of Sydney, where the Central Sydney Planning Committee (CSPC) will continue to function.

4 ATTACHMENT TO CiS01 - 30/07/18 Page 37

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5 ATTACHMENT TO CiS01 - 30/07/18 Page 38

5. Nominations of Council Members to the JRPP

In preparing nominations, councils should address each of the selection criteria below including an outline of the nominee's qualifications, skills, attributes and experience under each criterion, along with examples of their achievements relevant to the criterion.

The NSW Government is requesting councils to nominate two persons to become members of the relevant JRPP for the council's area. Each council should also nominate an alternate member, who could replace a council nominee if unavailable.

Selection criteria It is important for the JRPP to consist of members from a diverse background with a broad range of skills and experience. The selection criteria include: • Senior level experience in dealing with multiple stakeholders • High level communication skills • Capability to drive high profile outcomes in a credible and authoritative manner • High level analytical skills; and • Knowledge of the assessment of complex developments and planning matters; and

In addition, at least one of the two Council nominees must have a high level of expertise in one or more of the following fields: n Planning n Architecture n Heritage n The environment • Urban design n Land economics • Traffic and transport n Law n Engineering n Tourism.

6. Guidance for Councils in Selecting Nominees

All members of JRPPs will be expected to act independently in reaching their decisions. Therefore, in determining nominees, councils should consider the potential for conflicts of interest, either real or perceived.

Councils may choose to undertake a local Expression of Interest (EOI) process to identify members of the community who would make suitable members of the JRPP. This could be undertaken through existing channels such as Council's Mayoral Column in the local media, Council's website or newsletter (where applicable).

Should a council decide to nominate a member of its staff or an elected member of the council, it should do so in full recognition that such persons will be independent members of JRPPs. As such they should not be subject to influence by other council officers or Councillors on matters that are to be determined by a JRPP.

6 ATTACHMENT TO CiS01 - 30/07/18 Page 39

7. Responsibilities of Members

The responsibilities of JRPP members are to: • Exercise their functions in accordance with statutory requirements as set out in the EP&A Act and associated regulations • Comply with the approved JRPP Code of Conduct • Promote a sense of confidence in the JRPPs as independent decision making bodies • Establish and maintain effective working relationships with the councils in the relevant JRPP region • Foster a positive working relationship with other JRPP members, the Panel Secretariat and the Department of Planning • Follow approved JRPP procedures and participate in regular reviews of procedures, to ensure efficient and effective practices are adopted • Perform their functions with integrity, impartiality, honesty, conscientiousness, care, skill, diligence; and • Participate in/chair panel meetings or hold public hearings or panel meetings in a timely, efficient and cost-effective manner while having proper regard to the issues.

8. Appointment Terms and Conditions

8.1. Statutory Position JRPPs are statutory bodies representing the Crown. Each council within a JRPP region is to nominate two members (and an alternate member) to sit on the JRPP with respect to matters that are within that council's area.

8.2. Term of Appointment The term of appointment for council panellists is up to three years. Councils may nominate a shorter time period if they desire.

8.3. Remuneration A JRPP member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.

8.4. Private Interests As part of the consideration of nomination of members to a JRPP, it is suggested that councils require nominees to declare any private interests that may conflict with the public duties they would be required to perform if nominated to a JRPP.

8.5. Pecuniary Interests If a member of a JRPP has a pecuniary interest in a matter being considered or about to be considered at a meeting of a JRPP, and the interest appears to raise a conflict with the proper performance of the member's duties in relation to consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the JRPP. Unless otherwise determined, the member must not be present during any deliberations by the panel with respect to the matter or take part in any decision of the panel with respect to the matter.

8.6. Other Matters

I. Dealing with the Media : A protocol will be prepared whereby the Chairperson can comment on decisions and respond to questions.

7 ATTACHMENT TO CiS01 - 30/07/18 Page 40

ii. Disclosure or misuse of information : Members are required under the Act not to unlawfully disclose or use any information received in connection with carrying out their duties under the Act.

iii. Appropriate use of Secretariat Resources : The JRPP must use resources provided by the Panel Secretariat and the DoP in an effective and efficient manner; and not use such resources for private purposes.

iv. Removal from office: A council may remove any of its nominees from office at any time. The Minister may remove a State or council member from office if the Independent Commission Against Corruption (ICAC) recommends that consideration be given to the removal of the member because of corrupt conduct by that member.

v. Vacancies : A vacancy in the office of a member occurs if the member: • Dies, or n Completes a term of office and is not reappointed, or n Resigns the office by instrument in writing addressed to the Minister or applicable council, as the case requires, or n In the case of a council nominee, is removed from office by an applicable council or by the Minister where ICAC recommends removal, or n In the case of a State member is removed from office by the Minister or by the Governor under Chapter 5 of the Sector Employment and Management Act 2002, or n Is absent from three consecutive meetings of the regional panel of which reasonable notice has been given to the member personally or by post, except on leave granted by the panel or unless the member is excused from the panel for having been absent from those meetings, or n Becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or • Becomes a mentally incapacitated person, or n Is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more and is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

vi. Regulations: Regulations may be made in relation to the procedures of regional panels in exercising their functions, the provision of information and reports by regional panels and other matters.

9. Notification of council members

Each council should provide advice of the two persons it has nominated to become members of the relevant JRPP for its area.

Such advice should be should be provided by Friday 5 June, 2009 in writing to: Director-General NSW Department of Planning GPO Box 39 Sydney NSW 2001

8 ATTACHMENT TO CiS01 - 30/07/18 Page 41

Planning Panels Code of Conduct

September 2016 ATTACHMENT TO CiS01 - 30/07/18 Page 42

Planning Panels Code of Conduct © State of New South Wales through the NSW Department of Planning and Environment September 2016

NSW Department of Planning and Environment 23–33 Bridge Street Sydney NSW Australia www.planning.nsw.gov.au

ISBN 978-1-74263-032-8 ATTACHMENT TO CiS01 - 30/07/18 Page 43

Contents

Introduction 02

Purpose of the Code 03

Application of the Model Code of Conduct for Local Councils in NSW (Model Code) 04

Code of Conduct 05 1 Key principles 05 2 General conduct obligations 06 3 Conflicts of interests 07 4 Recording declarations of interest 12 5 Personal benefit 13 6 Relationship between planning panel members, council and council staff 14 7 Relationship between planning panel members and others 15 8 Protecting and using information 16 9 Use of public resources 16 10 Public comment/media 16 11 Lobbying 17 12 Breaches of this Code 17

Appendix A 19

Planning Panels Code of Conduct | 01 ATTACHMENT TO CiS01 - 30/07/18 Page 44

Introduction

This Code of Conduct (Code) applies to all members of Joint Regional Planning Panels and Sydney Planning Panels (planning panels), including: • chairs, • state appointed members, • council nominees, and • alternates acting for planning panel members.

The Code outlines the standards of conduct expected of panel members. It is the personal responsibility of each panel member to comply with this Code. The Code will be kept under review and will be subject to changes that may be required to reflect the experience of the implementation and operation of the panels.

02 | Planning Panels Code of Conduct ATTACHMENT TO CiS01 - 30/07/18 Page 45

Purpose of the Code

This Code sets out the minimum requirements of behaviour for planning panel members in carrying out their functions. The Code has been developed to assist planning panel members to:

a) understand the standards of conduct that are expected while carrying out the functions of a planning panel member,

b) act honestly, ethically and responsibly,

c) exercise a reasonable degree of care and diligence, and

d) act in a way that enhances public confidence in the integrity of the role of panels in the planning system.

As public officials, members of planning panels have a particular obligation to act in the public interest. All members of planning panels must: • comply with the ethical framework for the public sector set out in the Public Sector Employment and Management Act 2002, Government Sector Employment Act 2013 • have a clear understanding of their public duty and legal responsibilities, and • act for a proper purpose and without exceeding their powers.

Planning Panels Code of Conduct | 03 ATTACHMENT TO CiS01 - 30/07/18 Page 46

Application of the Model Code of Conduct for Local Councils in NSW (Model Code)

Councils are required under the Local Government Act 1993 to adopt a code of conduct. Such codes must incorporate the provisions of the ‘Model Code’ prescribed under the Local Government (General) Regulation 2005.

Council’s adopted code applies to, amongst others, councillors, the general manager,council staff and members of council committees. The Model Code does not apply to planning panel members. However parts of the Model Code have been used to assist in the development of this Code, along with other relevant codes of conduct applying to members of state boards and other statutory bodies.

It is recognised that councillors and council staff may undertake functions as a member of a planning panel separate to their ordinary functions as a councillor or member of council staff. When exercising functions as a panel member, councillors and council staff must ensure that they comply with this Code.

Council staff are not subject to this Code where they are responsible for: • dealing with development matters under the Environmental Planning and Assessment Act 1979 (EP&A Act), • preparing assessment reports, and/or • assisting a planning panel in the exercise of its functions.

The Model Code requires that council staff act lawfully, ethically and fairly. In relation to development decisions, council staff must ensure decisions are properly made and parties involved in the development process are dealt with fairly. People must not use their position to influence other council officials in the performance of their duties or to obtain a private benefit for themselves or for somebody else.

04 | Planning Panels Code of Conduct ATTACHMENT TO CiS01 - 30/07/18 Page 47

Code of Conduct

1 Key principles

Integrity

1.1 You must not place yourself under any financial or other obligation to any individual or organisation that might be reasonably thought to influence you in the exercise of your functions as a planning panel member.

Leadership

1.2 You have a duty to promote and support the key principles of this Code by demonstrating leadership and maintaining and strengthening the public’s trust and confidence in planning panels and their role in the planning system.

Selflessness

1.3 You have a duty to make decisions in the public interest. You must not make a decision or take action that causes or results in you obtaining: −− a financial benefit (including avoiding a financial loss), or −− other benefits for yourself, your family, friends or business interests.

Impartiality

1.4 You should make decisions on merit and in accordance with your statutory obligations when carrying out your functions as a planning panel member.

Accountability

1.5 You are accountable to the public for your decisions and actions and should consider issues on their merits, taking into account the views of others.

Openness

1.6 You have a duty to be open as possible about your decisions and actions.

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Honesty

1.7 You have a duty to act honestly and in good faith for the proper purpose.

Respect

1.8 You must treat others with respect at all times.

2 General conduct obligations

General conduct

2.1 You must not conduct yourself in carrying out your functions as a planning panel member in a manner that is likely to bring the planning panel into disrepute. Specifically, you must not act in a way that: a) contravenes the EP&A Act, b) is improper or unethical, c) is an abuse of power, d) causes, comprises or involves intimidation, harassment or verbal abuse, or e) causes, comprises or involves discrimination, disadvantage or adverse treatment.

2.2 You must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out your functions as a regional panel member, having regard to the statutory obligations under the EP&A Act.

Fairness and equity

2.3 You must consider issues consistently, promptly, conscientiously and fairly.

2.4 You must take all relevant facts known to you, or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

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Making decisions and taking actions

2.5 You must ensure that decisions and actions are reasonable, fair and for the proper purpose and that parties involved in the development process are dealt with fairly.

2.6 You must ensure that no action, statement or communication between yourself and others (such as applicants, objectors, councillors and members of the public) conveys any suggestion of willingness to provide improper concessions or preferential treatment, or suggests that you are not bringing an open mind to the decision.

2.7 You should attend all meetings of the planning panel as far as is possible, and allow the necessary time to prepare for meetings.

3 Conflicts of interests

General

3.1 A conflict of interests exists where there is an actual, potential, or reasonably perceived conflict between a panel member’s private interests or other duties, and the impartial performance of their functions as a planning panel member.

An ‘actual’ conflict of interests is where there is a direct conflict between a member’s duties and responsibilities and their private interests or other duties.

A ‘potential’ conflict of interests is where a panel member has a private interest or other duty that could conflict with their duties as a panel member in the future.

A ‘reasonably perceived’ conflict of interests is where a person could reasonably perceive that a panel member’s private interests or other duties are likely to improperly influence the performance of their duties as a panel member, whether or not this is in fact the case.

3.2 Panel members must avoid or appropriately manage any conflicts of interests. The onus is on the individual panel member to identify a conflict of interests and take appropriate action.

3.3 Any conflicts of interests must be managed to uphold the probity of planning panel decision making. When considering whether or not a conflict of interests exists, panel members should consider how others would view their situation.

3.4 Private interests can be of two types: pecuniary or non-pecuniary.

3.5 A conflict of duties may also constitute a conflict of interest.

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Management of conflicts

3.6 Where possible, the source of the conflict of interest should be removed. For example, by way of divestment of the interest / issue that is creating the conflict such as the sale of shares, or by severing the connection, for example resignation from a position in another organisation giving rise to the conflict, or ceasing to provide services.

3.7 The overriding principle for managing conflicts of interests is early and complete disclosure to the chair. The onus for this disclosure lies with individual planning panel members.

3.8 Where the panel chair considers that an actual, potential or reasonably perceived conflict of interests has not been disclosed or appropriately managed by a panel member, the conflict may be considered by the chair, and wider panel if considered necessary after hearing submissions from the panel member. The chair will make a decision as to how to manage the situation, which can include determining that the panel member should step aside from the panel for that matter, and record reasons for that decision. In making the decision, the chair is to have regard to upholding the reputation of the planning panel. If a panel member fails to step aside where requested their comments or vote is not to be considered in the determination of the matter.

3.9 When the conflict of interest arises as a result of an interest of the chair, the deputy chair is to assume the chair’s leadership role in the management of the conflict process.

Pecuniary interests

3.10 A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person.

3.11 A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision that person might make.

3.12 A member has a pecuniary interest in a matter if the pecuniary interest is the interest of the member, the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or a company or other body of which the member, or a nominee, partner or employer of the member, is a member.

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3.13 The obligation on planning panel members with respect to pecuniary interests are set out in clause 12 of Schedule 4 of the EP&A Act (attached at Appendix A). All planning panel members must comply with the requirements set out in this provision. In particular: a) If a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of a planning panel and the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s attention, disclose the nature of the interest at or before a meeting of the planning panel. b) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the planning panel otherwise determines: −− be present during any deliberation of the panel with respect to the matter, or −− take part in any decision of the panel with respect to the matter.

Non-pecuniary interests

3.14 A non-pecuniary interest is a private or personal interest that a person has that may, for example, be based on a family or personal relationship, membership of an association, society or trade union or involvement or interest in an activity which may include an interest of a financial nature.

3.15 You should consider possible non-pecuniary interests that may arise while carrying out your duties as a planning panel member. Where possible, the source of potential conflict should be removed.

3.16 However, where this is not possible, if a member has a non-pecuniary interest in a matter and the interest appears to raise a conflict with the proper performance of the member’s duties, the member must follow the procedures set out in clause 12 of schedule 4 of the EP&A Act in the same manner as if the interest was a pecuniary interest.

Conflicts of duties

3.17 A conflict of duties is a conflict between competing and incompatible public duties. For example, a conflict of duties arises where public officials hold more than one official position which requires them to address competing objectives or interests.

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3.18 Panel members must ensure that any employment, business or other roles or activities they engage in will not: a) conflict with, impair or otherwise prevent the full exercise of their functions as a planning panel member, b) involve using confidential information or resources obtained through their role as a planning panel member, or c) discredit, bring into disrepute or disadvantage the reputation of the planning panel.

3.19 The following situations are considered to represent a conflict of duties for panel members (however this list is not exhaustive): a) involvement in a specific project that is subject of a DA for regional development, or a planning proposal that is subsequently reviewed by a planning panel, for example as a consultant, b) councillors where they have deliberated or voted on a matter (including a planning proposal, voluntary planning agreement or to make a submission to the panel on a DA for regional development) in their role at council and that matter, or a related matter, subsequently comes before the panel, c) council staff that have been directly or indirectly involved in the preparation of the assessment report for the planning panel.

3.20 Members of a particular planning panel will have a close working relationship with each other. Therefore, to avoid a perception of bias, a planning panel member must not represent an applicant, council or submitter at a planning panel meeting for a planning panel of which they are a permanent member or have been used regularly as an alternate member. A planning panel chair must not represent an applicant, council or submitter at any planning panel meeting.

3.21 A planning panel member may not undertake any employment, business or other roles or activities, in relation to a DA, planning proposal or development site for which the member has participated in making a determination on as a panel member, for at least two (2) years following the determination.

3.22 Councillors who have deliberated or voted on a matter (including a planning proposal, voluntary planning agreement or to make a submission to the panel on a DA for regional development) in their role at council and that matter, or a related matter, subsequently comes before the panel, are to stand aside from their place on the panel, and allow council’s nominated alternative member to take their place, to avoid any perceptions of bias or pre-judgement.

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3.23 A councillor must stand aside from their place on the panel if suspended as a councillor for any reason (including under sections 438I, 438W 440C, 440I, 482 or 482A of the Local Government Act 1993), for the period of that suspension. This is because the roles and responsibilities of a panel member are so similar to that of a councillor that the continuation of the suspended councillor on the panel during the period of his or her suspension would adversely affect the reputation of the panel.

3.24 A councillor must stand aside from their place on the panel if dismissed as a councillor due to misconduct under section 440B, 482 or 482A of the Local Government Act 1993. This is because the roles and responsibilities of a panel member are so similar to that of a councillor that the continuation of the dismissed councillor on the panel would adversely affect the reputation of the panel.

3.25 A conflict of duties may arise for council staff (including general managers and other senior staff) who are nominated to sit as a member of the planning panel. In selecting its members to a planning panel, council should have regard to the conflict of duties that may be created for a person nominated to the planning panel if they were in any way responsible for or involved in the assessment and recommendation of a matter to be determined by the planning panel.

Council employees (including general managers and other senior staff) who are nominated to sit as a member of the planning panel must ensure that appropriate measures are in place to manage potential conflicts and ensure they will be able to comply with the requirements of this Code.

Political Donations

3.26 Planning panel members should be aware that political contributions or donations may give rise to a pecuniary or non-pecuniary interest. It is the responsibility of planning panel members to determine in each instance whether such an interest arises and whether the provisions of this Code and clause 12 of schedule 4 of the EP&A Act applies.

3.27 Where a planning panel member makes a disclosure under clause 12(1)b) of schedule 4 to the EP&A Act with respect to an interest which arises because of a political donation, the planning panel is required to take this into consideration in determining under clause 12(6) whether it is appropriate for the member to be present during any deliberations or take part in any decision with respect to the matter.

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4 Recording declarations of interest

4.1 Where any pecuniary or non-pecuniary interest in a matter before the regional panel has been disclosed by a member, whether declared before or at the commencement of the panel meeting, this will be noted in the minutes of the relevant panel meeting, even when the member is not in attendance.

The minutes of all panel meetings will be made available on the planning panels’ website.

4.2 As a member of a government board or committee, all planning panel members are also required to adhere to the Department of Premier and Cabinet’s Guidelines ‘Conduct Guidelines for Members of NSW Government Boards and Committees’ (“the DPC Guidelines”).

In accordance with the DPC Guidelines, planning panel members are required to disclose interests which include positions and pecuniary interests in corporations, partnerships or other businesses that may be relevant to the activities of the planning panel.

These declarations will be required to be made by panel members on an annual basis. Taken together, schedule 4 of the EP&A Act and the requirements of the DPC Guidelines ensure that the pecuniary interest disclosure requirements for planning panel members are the same as those for local government councillors.

4.3 A register of declarations made by planning panel members, will be maintained by the Planning Panels Secretariat (secretariat), in accordance with the DPC Guidelines.

Upon request, the register of declarations will be available for inspection at the secretariat during normal office hours.

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5 Personal benefit

Personal dealings with council

5.1 Planning panel members may have reason to have private dealings with a council that is within the region where they are a planning panel member (for example as a ratepayer). Planning panel members must not expect or request preferential treatment in relation to any matter in which they have a private interest because of their role as a planning panel member. Planning panel members must avoid any action that could lead members of the public to believe that they are seeking preferential treatment.

Gifts and benefits

5.2 Planning panel members must not: a) seek or accept a bribe or other improper inducement, b) seek gifts or benefits of any kind, c) accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty, d) accept any gift or benefit of more than token value, or e) accept an offer of money, regardless of the amount.

5.3 A gift or benefit is any item, service, prize, hospitality or travel which has an intrinsic value and/or value to the recipient, a member of their family, relation, friend or associate.

5.4 Generally speaking token gifts and benefits include: a) free or subsidised meals, beverages or refreshments provided in conjunction with: i. the discussion of matters before the regional panel, ii. conferences, or iii. social functions organised by groups. b) invitations to and attendance at local social, cultural and sporting events, c) gifts of single bottles of reasonably priced alcohol at end of year functions and public occasions, and d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers.

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5.5 Gifts and tokens that have more than a token value include, but are not limited to, tickets to major sporting events, corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

5.6 As a general rule, any gift from an applicant, objector or associate of an applicant or objector in relation to a matter to be determined by a planning panel would fall into a category referred to in paragraph 5.2c) and therefore should not be accepted.

5.7 The planning panels secretariat is to maintain a register of gifts for each planning panel to ensure the receipt and disposal of gifts is conducted in an open and transparent manner. When offered a gift or benefit, planning panel members must inform the secretariat of the following information for the purposes of making a recording on the register of gifts: −− the person who made the offer and the date on which the offer was made, −− whether or not you accepted the gift/benefit, −− whether the gift or benefit was allocated to another person or body, and −− the value of the gift or benefit.

Planning panel members should also advise the planning panel chair of any such notification to the planning panels secretariat.

6 Relationship between planning panel members, council and council staff

Obligations of planning panel members

6.1 Section 23N of the EP&A Act provides that a planning panel is entitled: a) to have access to, and to make copies of and take extracts from records of a council relevant to the exercise of the planning panels’ functions, and b) to the use of staff and facilities of a relevant council in order to exercise the planning panels’ functions.

All such requests for assistance will be made by the planning panel chair to the general manager (or such other staff member nominated by the general manager).

6.2 Planning panel members have a responsibility to promote and support an effective and co-operative working relationship with the council, General Manager and council staff and contractors.

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Inappropriate interactions

6.3 Planning panel members must not engage in inappropriate interactions when exercising functions as a planning panel member.

6.4 In relation to council staff, planning panel members must not: a) approach, make requests of, make enquiries or issue instructions to council staff other than through the planning panels secretariat and in accordance with this Code, b) be overbearing or threatening to council staff, c) make personal attacks on council staff in a public forum, d) direct or pressure council staff in the performance of their work or recommendations they make, or e) influence or attempt to influence staff in the preparation of assessment reports or other information to be submitted to the planning panel.

6.5 If a planning panel member is approached by any person about a development application that is to be determined by the planning panel, the planning panel member must not discuss the development.

6.6 The planning panels’ Operational Procedures recognises that there may be some circumstances where it is appropriate for the planning panel to meet with applicants in private. Where this occurs, a record of the meeting, including attendees and matters discussed, will be made and be publicly available.

However, individual members of the planning panel must not hold private meetings, briefings, site visits or discussions in respect of the matter.

6.7 Where meetings, briefings or site visits occur you should not express any views that would indicate pre-judgement of the matter.

7 Relationship between planning panel members and others

7.1 Planning panel members must adhere to the Key Principles and General Conduct Obligations contained in this Code when dealing with others, including council staff, councillors, Department of Planning and Environment staff and the secretariat.

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8 Protecting and using information

8.1 Information must be handled in accordance with section 148 of the EP&A Act.

8.2 In addition to the obligations under section 148 of the EP&A Act, planning members must: a) protect confidential information, b) only release confidential information if you have authority to do so, c) only use confidential information for the purpose it is intended to be used, d) not use confidential information gained through your position as a planning panel member for the purpose of securing a private benefit for yourself or for any other person, e) not use confidential information with the intention to cause harm or detriment to the planning panel or any other person or body, and f) not disclose any information discussed during a confidential session of a planning panel.

8.3 When dealing with personal information, planning panel members must comply with the Privacy and Personal Information Protection Act 1998.

9 Use of public resources

9.1 Planning panel members may be provided with equipment and other resources to perform planning panel functions. All such resources are to be used only for planning panel purposes and in accordance with any guidelines or rules about the use of those resources.

10 Public comment/media

10.1 The planning panel chair is responsible for speaking to the media on behalf of the planning panel, to allow its decisions to be properly represented and communicated. The chair can authorise another planning panel member to speak to the media on behalf of the planning panel at any time. Other non-authorised members can speak to the media about planning panel matters however, in doing so, they do not represent the views of the planning panel.

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11 Lobbying

11.1 All planning panel members must comply with the NSW Lobbyists Code of Conduct published on the Department of Premier and Cabinet’s website (www.dpc.nsw.gov.au). The Lobbyists Code regulates contact between registered lobbyists and Government representatives and M2014-13- NSW Lobbyists Code of Conduct restricts the circumstances in which a lobbyist can be appointed to a NSW Government board or committee.

11.2 Members of the planning panel have a responsibility to consider the Lobbyists Code and declare if they could potentially be considered a lobbyist. The application of the Lobbyists Code then takes precedence for further action and decisions and would be monitored by the chair.

12 Breaches of this Code

Reporting suspected breaches

12.1 Planning panel members are required to report suspected breaches of the Code to the planning panel chair or the Minister.

12.2 Any other person may report a suspected breach of the Code under the planning panels’ Complaints Handling Policy.

Reporting possible corrupt conduct

12.3 Planning panel members are subject to the Independent Commission Against Corruption Act 1988 and the Ombudsman Act 1974. Planning panel members are urged to report suspected corrupt conduct, as well as maladministration and serious and substantial waste of public resources.

12.4 The Public Interest Disclosures Act 1994 provides protection to public officials who voluntarily report suspected corrupt conduct. Planning panel members can make reports concerning suspected corrupt conduct to the planning panel chair. The planning panel chair is under a duty to report to the Independent Commission Against Corruption (ICAC) any matter that they suspect on reasonable grounds concerns or may concern corrupt conduct.

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12.5 Planning panel members, or any other persons, can also report directly to the following investigative bodies: −− Corrupt conduct should be reported to the ICAC, −− Maladministration should be reported to the NSW Ombudsman, and −− Serious and substantial waste of public money should be reported to the NSW Auditor General.

Handling of suspected breaches

12.6 Suspected breaches of the Code will be handled in accordance with the planning panels’ Complaints Handling Policy.

12.7 The planning panel chair may take such steps as s/he thinks appropriate to investigate and take action in respect of the alleged breach.

12.8 A person who is alleged to have breached the Code must be given: a) the full particulars of the alleged breach, b) an opportunity to respond to the allegations, and c) the right to have a legal or other representative present during any meetings/ discussions in respect of the matter.

12.9 Serious breaches of the Code may be referred to the Minister in respect of state members or the relevant council with respect to council nominees. Proven breaches of the Code may warrant removal from office.

12.10 The Minister may remove state members from office at any time and without notice. The Minister must provide a written statement of the reasons for removing a member from the Sydney Planning Panels and make that statement publicly available.

12.11 The relevant council may remove its nominee/s from office at any time and without notice. If so, the council must notify the planning panels secretariat.

12.12 The Minister may remove any member if the Independent Commission Against Corruption recommends that consideration be given to the removal of the member because of corrupt conduct by the member.

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Appendix A

Extract from Schedule 4 of the Environmental Planning and Assessment Act 1979

12 Disclosure of pecuniary interests

1) If: a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the regional panel, and b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the regional panel.

2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest of: a) the member, or b) the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member.

3) However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2) b) or c): a) if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or b) just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or c) just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.

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4) A disclosure by a member at a meeting of the regional panel that the member, or a spouse, de facto partner, relative, partner or employer of the member: a) is a member, or is in the employment, of a specified company or other body, or b) is a partner, or is in the employment, of a specified person, or c) has some other specified interest relating to a specified company or other body or to a specified person, is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).

5) Particulars of any disclosure made under this clause must be recorded by the regional panel in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the regional panel.

6) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the regional panel otherwise determines: a) be present during any deliberation of the panel with respect to the matter, or b) take part in any decision of the panel with respect to the matter.

(7) For the purposes of the making of a determination by the regional panel under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not: a) be present during any deliberation of the panel for the purpose of making the determination, or b) take part in the making by the panel of the determination.

8) A contravention of this clause does not invalidate any decision of the regional panel.

NB: a Sydney Planning Panel is taken to be a Joint Regional Planning Panel under and for the purposes of the EP&A Act.

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Planning Panels Operational Procedures

September 2016 ATTACHMENT TO CiS01 - 30/07/18 Page 65

These procedures are provided for general guidance and information only and are made available on the understanding that the NSW Department of Planning and Environment (Department) is not providing legal advice. The Department has compiled the procedures in good faith, exercising all due care and attention.

The procedures do not affect or replace relevant statutory requirements. Where an inconsistency arises between the provisions of the procedures and relevant statutory provisions, the statutory requirements prevail.

While every reasonable effort has been made to ensure that this document is correct at the time of printing, the State of New South Wales, its agents and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or any part of this document. The procedures are not intended to give rise to any rights, claims, benefits, privileges, liabilities or obligations with respect to matters the subject of the procedures.

It should be noted that the procedures may be affected by changes to legislation at any time and/or be subject to revision without notice.

It is recommended that independent advice be sought in respect of the operation of the procedures and the statutory requirements applying to Joint Regional Planning Panels under the Environmental Planning and Assessment Act 1979 and the Sydney Planning Panels under the Greater Sydney Commission Act 2015.

Planning Panels Operational Procedures © State of New South Wales through the NSW Department of Planning and Environment September 2016

NSW Department of Planning and Environment 23–33 Bridge Street Sydney NSW Australia www.planning.nsw.gov.au

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Contents

1 Introduction 04

2 Defining the regions and districts 05

3 Functions of planning panels 06 3.1 Functions 06 3.2 Legislation 06 3.3 Classes of regional development 07

4 Membership of planning panels 08

5 Administration 11

6 Government information and privacy 12

7 Monitoring, review and reporting 13 7.1 Planning panel users group 13 7.2 Availability of information 13

8 Liability and indemnification 14

9 Roles of councils and other panels 15 9.1 Role of councillors and council staff 15 9.2 Support provided to planning panels by councils 16 9.3 Role of design review panels 16 9.4 Role of Independent Hearing and Assessment Panels 17

10 Development Assessment 18 10.1 Pre-development application meetings 18 10.2 Representations to planning panel members 18 10.3 Making of development applications 18 10.4 Notification to the secretariat 19 10.5 Public notification of development applications by council 19 10.6 Requests for additional information 20

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10.7 Assessment of the development application 20 10.8 Development subject to delays in determination 22 10.9 Panel briefings and site visits 22 10.10 Other public meetings about the proposed development 24 10.11 Council representation to the planning panel 25 10.12 Code of Conduct considerations 25 10.13 Submission of assessment report to the secretariat 25 10.14 Written submissions to the planning panel 26 10.15 Rezoning, master plans and voluntary planning agreements 26 10.16 Referral of Crown development applications with a CIV less than $5 million 27

11 Determination 28 11.1 Planning panel meeting 28 11.2 Meeting dates and agendas 28 11.3 The meeting venue 28 11.4 Notice of meeting 29 11.5 Distribution of meeting agenda and business papers 29 11.6 Obligation to consult council – if adverse financial impacts 29 11.7 Determining Crown development applications 30 11.8 Delegation to council to determine applications 30

12 Post determination 31 12.1 Issuing the notice of determination 31 12.2 Monitoring of and compliance with conditions of approval 31 12.3 Appeals against a planning panel determination 32 12.4 Appeals against determination where council is applicant 32

13 Planning Proposals 33 13.1 Key elements of the plan making process 33 13.2 Code of Conduct considerations 34 13.3 Reviews 34 13.4 Relevant Planning Authority (RPA) 37 13.5 Availability of planning panel decisions and advice 37 13.6 Community consultation 37

Schedule 1: Planning panel meetings 38

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Definitions

Commission means the Greater Minister means the Minister for Planning Sydney Commission Panel or planning panel means Joint Regional Council means the council for the local Planning Panel and/or Sydney Planning Panel government area in which the development Planning proposal means a document the subject of an application is located prepared to explain the intended effect Department means the Department of of, and justification for, making a proposed Planning & Environment environmental planning instrument

Development Application (DA) means an Regional development or regionally application for consent under Part 4 of the significant development means development Environmental Planning & Assessement Act that meets criteria set out under Schedule 4A 1979 to carry out development but does of the EP&A Act not include an application for a complying Relevant planning authority (RPA) means the development certificate consent authorities identified under section 54 District means any part of the Greater Sydney of the EP&A Act Region, or other region of the State, declared Secretariat means the Planning Panels to be a district by the Minister Secretariat which provides technical and EP&A Act means the Environmental Planning & administrative support to the planning panels Assessment Act 1979 Secretary means the Secretary of the EP&A Regulation means the Environmental Department of Planning and Environment Planning & Assessment Regulation 2000 State and Regional Development SEPP means Greater Sydney Region means the region the State Environmental Planning Policy (State comprising the local government areas within and Regional Development) 2011 the boundary shown on the map in Schedule 1 of the Greater Sydney Commission Act 2015

GSC Act means the Greater Sydney Commission Act 2015

LGA means local government area

LGNSW means Local Government NSW

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1 Introduction

The Joint Regional Planning Panels were The procedures should be read in conjunction introduced in NSW on 1 July 2009 to with the planning panels Code of Conduct strengthen decision making on regionally which explains the standard of conduct significant development applications (DAs) and expected of panel members. certain other planning matters. These procedures relate to the operation of With the establishment of the Greater Sydney both the Joint Regional Planning Panels under Commission (Commission) and by Ministerial the Environmental Planning and Assessment declaration, the Sydney Planning Panels will Act 1979 (EP&A Act), and the Sydney Planning replace the Sydney East and Sydney West Joint Panels under the Greater Sydney Commission Regional Planning Panels. Act 2015 (GSC Act), and extend to planning panels if they are undertaking any functions The Joint Regional Planning Panels and the conferred on them under the EP&A Act or any Sydney Planning Panels (planning panels) are other Act. independent bodies representing the Crown and are not subject to the direction of the These procedures will be kept under review Minister, except on matters relating to planning and may be amended periodically. panel procedures.

These procedures are the planning panel’s Charter and have been developed to explain the objectives, powers and authorities of the planning panels. They also detail the means of operating the planning panels and clarify the roles of various parties in the process.

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2 Defining the regions and districts

Planning panels are constituted by the Minister by order published in the Government Gazette. The local government areas (LGAs) covered by each panel are also identified in the order. The Minister may revoke an order and make new orders at any time.

Except for the Greater Sydney Region, any area of the State may be declared as a region by the Minister under the EP&A Act. The Minister may also declare any part of the Greater Sydney Region or another region as a district.

Joint Regional Planning Panels operate in the following four regions of the State: Hunter & Central Coast, Southern, Northern, and Western.

Six Sydney Planning Panels operate across the six Greater Sydney Region districts.

The planning panel provisions do not apply in the City of Sydney, where the Central Sydney Planning Committee operates.

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3 Functions of planning panels

3.1 Functions 3.2 Legislation

The principal functions of planning panels Legislation governing planning panels is set are to determine regionally significant DAs out in a number of separate areas: and undertake rezoning reviews. Additional • the EP&A Act provides for the constitution functions of planning panels include: and functions of planning panels and • acting as the relevant planning authority obligations in respect to councils; (RPA) for the purpose of preparing and in particular: processing a planning proposal when −− Schedule 4 of the EP&A Act provides for directed to do so by the Minister or, in the Joint Regional Planning Panel member Greater Sydney Region, when directed to appointments; and do so by the Commission, −− Schedule 4A of the EP&A Act describes • determining Crown DAs that have been classes of development to be referred to the planning panel by the determined by the planning panels; council or the applicant which have not • the GSC Act provides for Sydney Planning been determined by the council within Panel member appointments; the time prescribed in the Environmental Planning and Assessment Regulation 2000 • the EP&A Regulation contains provisions (the EP&A Regulation), for where a planning panel is exercising consent authority functions; and • determining applications to modify a consent for regionally significant • the State Environmental Planning Policy development under section 96(2) of the (State and Regional Development) 2011 EP&A Act, and (SRD SEPP) sets out the council consent functions exercised by planning panels. • providing advice on planning or development matters when requested to do so by the Minister, or Commission, as relevant.

The EP&A Act provides that if a planning panel has not been appointed for a particular part of the State, any function that is conferred on a planning panel is to be undertaken by the Planning Assessment Commission.

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3.3 Classes of regional Section 96(1) and section 96(1A) modification development applications to development consents granted by the planning panel are to be determined by the relevant council. Schedule 4A of the EP&A Act identifies the types of development for which planning panels exercise consent authority functions of councils. It is council’s role to determine, on lodgement, which DAs meet criteria to be considered regionally signficant development.

The capital investment value (CIV) is relevant for some development which is determined by a planning panel and should be calculated at the time of lodgement. CIV is defined in clause 3 of the EP&A Regulation. The Department of Planning and Environment (Department) has issued Planning Circular 10-008 to assist applicants and councils in the calculation of CIV. If there is doubt about the CIV of an application, councils should consider requesting the applicant to provide a quantity surveyor’s certificate or similar expert assessment that addresses the definition of CIV.

The State Environmental Planning Policy (State and Regional Development) 2011 (SRD SEPP) sets out the functions to be exercised by planning panels, including determination of specified: • classes of development applications, • staged development applications, and • section 96(2) modification applications where the planning panel granted consent to the original development, except where the development is no longer a class of regional development.

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4 Membership of planning panels

Each planning panel consists of five members, The Planning Panels Secretariat (secretariat) is with three of the members, including the chair, responsible for the maintenance of a register appointed by the Minister (State members) of all panel members. and two members nominated by the relevant council (council members). Chair and deputy chair

A planning panel meeting may require Chairs of Joint Regional Planning Panels consideration of a number of matters, each are appointed by the Minister. The Minister located in different council areas. The council is required to obtain the concurrence of members joining the State members to form Local Government NSW (LGNSW) to the a planning panel will change, depending on appointment unless LGNSW: the council area in which the matter under • do not notify their concurrence or refusal consideration is located. within 21 days of being requested to do so, Panel members can be appointed to more or than one panel, either as a panel member and/ • has previously refused to give concurrence or as an alternate member. for two different persons nominated by the When a vacancy in office of a planning panel Minister for the appointment. member occurs, the Minister in the case of a Chairs of the Sydney Planning Panels are the State member, and the relevant council in the District Commissioners appointed by the case of a council member, would fill such a Minister to represent the district in which the vacancy in accordance with the EP&A Act or land to which the matter relates is situated. the GSC Act, as relevant. The concurrence of LGNSW is not required for Terms of appointment for Joint Regional the appointment of District Commissioners. Planning Panel members, both State and At any time, the members may determine to council, are not to exceed three years. elect a member appointed by the Minister to Members are eligible for re-appointment. be deputy chair for any term. The role of a Terms of appointment for Sydney Planning deputy chair is to act as the chair at any time Panel members, both State and council, are the chair is absent from the meeting. not to exceed four years. Members are eligible for re-appointment. State members may not hold office for more than eight years in total.

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The chair (or, in the absence of the chair, a Councils are not restricted to nominating person elected by the members) presides at people from the council’s local area. They can panel meetings. The presiding member has appoint, terminate, and reappoint members at a deliberative vote and, in the event of an any time, and can determine the duration of equality of votes, has a second or casting vote. each appointment. Generally, so as to ensure the greatest degree of continuity for the Expertise requirements for members panels, councils should consider appointing appointed by the Minister members for the maximum term of three years provided for under the EP&A Act. However, All panel members, including alternates, councils should reconsider if the nominations appointed by the Minister are required to have to the panels are appropriate within 12 months expertise in one or more of the following following a council election. areas: planning, architecture, heritage, the Following a change to its nominees, council environment, urban design, land economics, is to forward the new member’s personal traffic and transport, law, engineering, tourism details to the secretariat as soon as possible or government and public administration. and this must be a minimum of 14 days Two members are appointed by the Minister, before any meeting at which they will act as a each having expertise in one or more of the panel member. areas mentioned above. If a council fails to nominate one or more council members, a panel may still exercise Council members its functions in relation to the area of the Two council members are appointed by council concerned. each council. At least one council member is required to have expertise in one or more Payment of council members of the following areas: planning, architecture, Councils determine the fees they pay their heritage, the environment, urban design, panel members. The Minister has provided land economics, traffic and transport, law, guidance to all councils on appropriate rates engineering or tourism. of remuneration for travel and subsistence allowances for their members. Selection of council members Each council is responsible for making Each council identifies how their members payments to its panel members when they are selected. In selecting members, councils attend planning panel meetings. should have regard to the conflict of duties that would be created for a person nominated to the planning panel if they were in any way responsible or involved in the assessment and recommendation of a DA or a rezoning review to be determined by the panel.

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Alternate members

The Minister may at any time appoint a person to be the alternate of another member appointed by the Minister, and may revoke any such appointment.

A council may also at any time appoint a person to be the alternate of a member nominated by the council, and may revoke any such appointment. Any changes are to be notified in writing to the secretariat as soon as possible and at least 14 days before any panel meeting at which they will act as a panel member.

A person may be appointed as the alternate of more than one panel member and to more than one panel.

The alternate will act in the place of the member with all the powers of the member. Although a member may be appointed as an alternate for two or more members, they will only have one vote at any panel meeting.

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5 Administration

Administration and support for the planning Councils remain responsible for receiving, panels is provided by the secretariat. Such notifying and exhibiting DAs, preparing the support is in relation to: assessment reports (including consideration • Scheduling of meetings, of submissions) and the post-determination functions including notification of • preparing and issuing meeting agendas and determinations to the applicant and any business papers, person who made a submission. • notification of meetings, Councils may be requested to assist planning • arranging for travel and accommodation for panels with the provision of meeting venues, panel members, arrangements for site visits and briefings, and • taking meeting minutes, or preparing the provision of a minute taker for meetings. records of decision (with assistance from council), and The secretariat is the first point of contact for all planning panel matters and publishes • record keeping for the planning panels. a wide range of information on its website: www.planningpanels.nsw.gov.au. The contact details for the secretariat are:

Phone: (02) 8217 2060 Email: [email protected]

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6 Government information and privacy

The Department will manage any applications under the Government Information (Public Access) Act 2009 and any requests and complaints under the Privacy and Personal Information Protection Act 1998 for the planning panels. However, councils may also be required to respond to applications and requests in relation to information it may have, in accordance with the legislation.

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7 Monitoring, review and reporting

The secretariat will monitor the progress of 7.2 Availability of information DAs referred to the planning panels to ensure panel meetings are scheduled as soon as The secretariat will make a range of practicable following the submission of the information publicly available on its website, assessment report by the relevant council. including: The progress of rezoning reviews and those • planning panel meeting agendas with dates, matters for which a planning panel is acting locations and times (at least 7 days before as the relevant planning authority will also the panel meeting), be monitored. • the relevant council’s assessment report Councils should actively monitor regional and recommendation (at least 7 days before applications they have received to ensure they the panel meeting), meet expected timeframes for processing and • any amended or supplementary determination. It is expected that council will information submitted by council, complete its assessment report within 60 days • records of public briefing meetings, after the close of the public exhibition period. Determinations and Statements of Reasons The secretariat will also monitor the progress for DAs, decisions on rezoning reviews, and reporting of applications to ensure and any advice provided by the planning timeframes are met. panels to the Minister, Secretary or GSC, as The performance of the Joint Regional relevant, and Planning Panels will be monitored and • a schedule of meeting dates reserved for reported in the Department‘s Annual Report, panel business, including briefing meetings, while the performance of the Sydney Planning site visits or panel meetings. Panels will be monitored and reported in the Councils remain responsible for receiving, Commission’s Annual Report. notifying and exhibiting DAs and supporting documents in accordance with statutory provisions and council’s own notification and 7.1 Planning panel users group exhibition policy.

A planning panel users group has been established to act as a reference group to advise on planning panel operations. The user group meets as required and consists of all panel chairs, plus representatives from industry and stakeholder groups.

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8 Liability and indemnification

Section 158 of the EP&A Act provides that panel members are excluded from personal liability as long as the act or omission was done in good faith for the purpose of carrying out their duties as panel members under the EP&A Act.

The NSW Government extends insurance indemnity cover to panel members. The usual provisions for indemnification apply i.e. that persons subject to that cover must, at all times, act honestly and in accordance with the planning panels Code of Conduct in the performance of their responsibilities. For information on the NSW Treasury Management Fund (TMF) – Statement of Cover please contact the NSW Self Insurance Corporation (icare) at:

https://riskinsite.nsw.gov.au/portal/server.pt/ community/contact_us/317

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9 Roles of councils and other panels

9.1 Role of councillors and Determination role council staff The role of the elected council is to determine, or make decisions on, DAs in their capacity The elected council and council staff have as a consent authority. There are occasions, distinctly different roles in the handling of DAs. however, where the determination role is Section 352 of the Local Government Act 1993 performed by other people or bodies either (LG Act) provides for the independence of because the council has delegated that council staff in the preparation of advice and function, or because it has been conferred recommendations. The LG Act provides that a upon another person or body. Section 23G member of staff is not subject to direction by of the EP&A Act has conferred upon planning the council or by a councillor as to the content panels the function of elected councils to of any advice or recommendation made by the determine regionally significant DAs and staff member. Equally, a council or councillor is certain other types of DAs. not bound by the advice or recommendation made by a member of staff. The elected council is able to make a submission to the planning panel on a DA within their LGA that is to be determined by Assessment role that planning panel (refer to 10.11). The role of council staff is to undertake the assessment of the DA. The assessment of a Post-determination role DA requires undertaking various statutory functions such as accepting the DA, public Council staff are responsible for post- notification, advertising, consultation, determination functions including issuing concurrence and obtaining general terms the notice of determination, advising any of approval from an agency if required, and person who made a submission on the DA of consideration of the matters set out in the determination, and the monitoring and the EP&A Act including section 79C. The enforcement of compliance with conditions of assessment is documented in an assessment the development consent. report with recommendations. The report is subsequently considered by the person or body whose role it is to determine the application.

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9.2 Support provided to 9.3 Role of design review panels planning panels by councils Design review panels are established by The EP&A Act and the GSC Act provide that councils either formally, under the provisions planning panels are entitled to use the staff of State Environmental Planning Policy No. and facilities of the relevant council for the 65 – Design Quality of Residential Apartment purpose of carrying out their functions. The Development (SEPP 65) with the approval of EP&A Act also provides that a general manager the Minister, or informally, to bring special of a council must carry out any reasonable design expertise to the assessment of certain direction of a panel when it is carrying out any types of DAs. of the functions of that council. Design review panels that are properly It is expected that use of council facilities such integrated in the assessment process are an as meeting rooms would be arranged prior to effective tool which helps to improve the meetings of planning panels. quality of design. The quality of design has a bearing on many, but not all, of the matters Support such as the taking of minutes for considered in the assessment of a DA. panel meetings, copying of documents and the provision of professional advice may also The role of design review panels in the be required. assessment of applications is not changed by the fact that the application is to be Generally, the relevant council bears the determined by a panel. However, it is generally administrative and council staff costs more effective in terms of design quality associated with the panel meetings. outcomes and timeliness, if the design review Administrative costs may include those panel is convened at the pre-DA stage or early associated with the meeting venue and set up, in the assessment phase. the attendance of council staff, as well as the minute taker.

The chair and members of a planning panel will need to be mindful of the regular duties and responsibilities of council staff when requests for assistance are made. Requests by members of panels for support and assistance from councils should be made through the chair to the general manager (or other person nominated by the general manager) of the council concerned.

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9.4 Role of Independent Hearing and Assessment Panels

A number of councils have voluntarily established Independent Hearing and Assessment Panels (IHAPs). The purpose of IHAP’s is to provide an independent review of DAs referred to the IHAP as well as an opportunity for people with an interest in DAs to raise and discuss issues in a public forum before a decision is made on the application.

The roles of IHAPs and the role of planning panels overlap in so much as they both bring independent expertise to the assessment process and provide the opportunity for people with an expressed interest in a DA to be properly heard.

Applications determined by a planning panel are not referred to IHAPs or any other similar type of public review of the DA or assessment report. The only exception to this is IHAPs which are established under section 23 I(2) of the EP&A Act, where the applicable environmental planning instrument requires assessment by an IHAP.

Note: Section 23 I(2) of the EP&A Act requires councils to constitute IHAPS if an assessment by a panel is required by an environmental planning instrument.

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10 Development Assessment

10.1 Pre-development opportunity for the applicant and any person application meetings who made a submission to address the panel at its meeting.

Pre-DA meetings between applicants and assessment officers are commonly used to agree on assessment requirements 10.3 Making of development before applications are submitted to the applications consent authority.

Applicants are encouraged to meet with Development applications, including staged council before lodging a DA, and to respond to DAs, are made in the ordinary manner to the the advice of council when preparing the DA. relevant local council.

To avoid any apprehension of bias, it is not Note: This requirement does not apply to DAs appropriate for determining bodies, such between $10 million and $20 million unless a as planning panels or their members to referral is accepted by the Chair (see 4.8). participate in pre-DA meetings.

The State and Regional Development SEPP 10.2 Representations to planning provides that a planning panel is to determine panel members the separate DAs that form part of a staged DA if the whole of the development meets the specified regional development thresholds. If a panel member is approached by any This information on staged development must person about a DA that is to be determined by be included with the Stage 1 DA. In the case of the panel, the panel member must not discuss development located in two or more LGAs, a the development. separate DA must be lodged with the councils Any person that approaches a panel member of each LGA. should be encouraged to make a written Additionally: submission about the DA to the council planning staff during the notification period. • each DA should only address that part of Issues raised in submissions will be addressed the development located on land in the in the assessment report to be provided relevant LGA, to the planning panel and there will be an

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• neighbouring councils may wish to consider 10.5 Public notification of setting up joint assessment procedures, if development applications appropriate, by council • the planning panel will determine each DA separately (although the determinations Public notification of the DA, and re- may be made concurrently), and notification if required, is undertaken • councils are able to make a submission and by council staff in accordance with the register to address the panel at its meeting. requirements of the EP&A Act and EP&A Regulation, including the provisions of any development control plan or policy the 10.4 Notification to the secretariat council has for the notification or advertising of DAs.

Within 7 days of receiving a DA for regional Public notification, including letters and development, for which a planning panel is the advertisements, should contain appropriate determining body, the council is to register the statements to advise: DA with the secretariat. • that the {name of relevant} Council is The registration is to be made via the planning the consent authority, and the {name of panels’ website (www.jrpp.nsw.gov.au). The relevant} Joint Regional Planning Panel/ registration is to include all the information Sydney Planning Panel has the function of required on the website registration page. determining the application, The DA documents should be electronically • that submissions made in respect of the transmitted to the secretariat at the same time. application should be made to {name of relevant} Council, but will be provided to The secretariat will advise planning panel the planning panel and may be viewed members of the DA once the registration is by other persons with an interest in the accepted. The DA documents, including the application, and application will generally be sent to panel members electronically. These documents • such other information as may be required are provided to allow panel members to for the particular application by the EP&A become familiar with the development and Act or EP&A Regulation. background information, prior to their review of the assessment report and before attending the panel meeting to consider the application in public.

No decision about the proposed development is made until the planning panel meeting is held to consider the application.

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10.6 Requests for additional Where there is an ongoing and unreasonable information delay in the processing of a DA, council may be requested by the planning panel to complete its assessment without further delay. It is the applicant’s responsibility to provide adequate information and technical reports on potential impacts of the proposed development. 10.7 Assessment of the development application Holding a pre-DA meeting with council staff will often clarify council requirements for the lodgement of an application. However, the The council that received the DA (including applicant may be requested by council staff applications for staged development, and to to provide further information or reports to modify a consent) is responsible, through its properly address all relevant aspects of the staff, for undertaking the assessment of the development, or to enable an assessment application in accordance with the provisions report to be completed. of the EP&A Act.

The planning panel may identify issues at a It is council’s responsibility to prepare an briefing meeting that must be addressed or assessment report addressing all statutory clarified in council’s assessment report, and for requirements and properly considering all which council may request further information. issues. Usually councils would rely on their own professional staff, however where they Amended plans or additional information on a do not have the technical expertise required DA must be lodged with council. in-house, they may engage external expertise in the assessment of aspects of, or the whole, Status reports DA. All costs associated with the preparation of the assessment report are to be covered from Councils must advise the secretariat as soon application fees, which are retained by council. as it is evident that there are difficulties in assessing the DA or if the assessment report The assessment report must clearly identify will not be completed within the timeframe how the proposal meets the relevant indicated in the referral notification. requirements for regional development under the EP&A Act, and that the planning panel is The secretariat will track the progress of responsible for determining the application. DAs registered with it and will request status updates from council for DAs lodged for 70 The assessment report must days or more. include a recommendation on the proposed development. Where a response or concurrence from public • If the recommendation is for approval of agencies is delaying the assessment of a DA, a the application, the report must include council can ask the secretariat for assistance recommended conditions of consent. to ensure the agency responds to council in a timely manner.

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• If the recommendation is for refusal, the Local infrastructure contributions report must include reasons for refusal The assessment report should address based on the assessment in the report. contributions required under section 94 and The chair, following consultation with the section 94A of the EP&A Act in accordance planning panel, may also request without with the council’s adopted contributions plan prejudice draft conditions of consent, where applicable to the DA. The planning panel council’s report recommends refusal. cannot impose any additional contributions The panel may do this before or at the that are inconsistent with council’s planning panel meeting where the DA is contributions plan. For Crown developments, being considered. councils should address contributions in accordance with the relevant planning circular The assessment report should clearly identify (Circular No. D6, issued September 1995 or as if there are any outstanding issues and steps to amended). be taken to address such issues.

In considering an application, a planning panel Special infrastructure contributions and may request additional information to assist in certification requirements its determination of the application. If the development falls within a special contributions area (section 94EF of the EP&A Varying development standards Act) the council should address the relevant Where a DA includes a variation to a requirements in its assessment report and development standard as defined in the EP&A recommend appropriate conditions in Act, an objection under State Environmental accordance with the Ministerial direction. Planning Policy No 1—Development Standards If the development is subject to a “Satisfactory (SEPP 1), or application under clause 4.6 of Arrangements” clause within a Local the Standard Instrument, is required. Council’s Environmental Plan (LEP) which states that assessment report is to include an assessment development consent must not be granted by of the objection or application against the a consent authority until arrangements to the relevant statutory provisions. satisfaction of the Secretary have been made The function of obtaining concurrence from to contribute to regional or state infrastructure, the Secretary is a matter for the council. the council must address this provision in its However where concurrence is assumed, the assessment report. A planning panel cannot council does not need to obtain concurrence. provide consent to the DA until the Secretary The function of determining that a SEPP 1 (or delegate) of the Department has certified objection or clause 4.6 application is well in writing that satisfactory arrangements have founded is a matter for the planning panel. been made.

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10.8 Development subject to −− permissibility and zoning, including delays in determination whether the determination is dependent on a rezoning,

Schedule 4A, Clause 10 of the EP&A Act −− whether the determination is dependent provides that an applicant with a DA that has on a voluntary planning agreement or a capital investment value (CIV) between $10 the approval of a masterplan, million and $20 million can refer the DA to the −− whether the landowner’s consent has relevant planning panel for determination if it been provided, remains undetermined for 120 days after being −− whether the required referrals and lodged with council. The referral process is concurrences have been obtained, outlined below: −− whether there have been requests • when making a referral, applicants must use for further information, and what the the referral form available on the planning responses were to those requests, and panels’ website, −− if council has considered the DA and the • the applicant is required to complete outcome of that consideration, the relevant part of the form and submit it to both the relevant council and the • once the chair makes a decision, the secretariat, secretariat will notify the council and the applicant, • once the council receives the referral form it cannot determine the DA until a decision • if the referral is not accepted the chair must has been made regarding whether the advise the reason(s) for not accepting the planning panel will have the function of referral, determining the DA, however council can • if the referral is accepted, council completes continue to assess the DA, the assessment of the application and • once a referral is made the council must prepares an assessment report for provide the completed referral form and submission to the secretariat, and copies of all DA documents such as the • a briefing meeting with council may be held Statement of Environmental Effects, to the prior to determination. secretariat within 7 days. Council should also provide its explanation for the delay in completing its assessment, 10.9 Panel briefings and site visits • the chair will consider the information in the referral form and advise the secretariat Prior to an assessment report for a DA being if the referral is accepted (i.e. the applicant submitted to a planning panel, the chair may is not responsible for a delay in the agree to a site visit or a briefing meeting on application) generally within 14 days of the the matter by council staff, by other persons applicant making the referral. In making this undertaking the assessment, or by other decision, the chair will consider a number persons providing advice to the planning panel. of matters, including:

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At site visits or briefing meetings, the planning Panel members may identify further issues panel is not able to offer an opinion on the for which they require clarification or further overall merits of the proposal or to direct information. A planning panel may request a the person undertaking the assessment further briefing with council staff to clarify any in relation to the content of any advice or element of the DA and assessment report prior recommendation provided in their report. to the public planning panel meeting. However, the panel may identify issues that Briefings are not determination meetings they expect to be addressed or clarified in the and panel members should not make assessment report. any comment that would indicate pre- determination of the application. Briefings with council staff At the discretion of the chair, there may be The purpose of a briefing with council staff some circumstances where it would be is to inform the planning panel about the DA appropriate to invite the applicant to attend and its key issues. Briefings may include a the briefing meeting, including where: presentation by council staff on the DA, its key • the planning panel could benefit from elements and the planning controls that affect additional technical explanation on a it (such as zoning), and an overview of issues complex DA of concern arising through the assessment process or raised in submissions. In addition, • development options are still being the timing of the submission of the assessment considered (e.g if a major re-design has report and tentative date for a planning panel been requested by the council) meeting to consider the application may also • material to be presented may be be discussed. Council’s assessment officer commercially sensitive or confidential should have available a set of large scale DA plans (including amended plans) at the A record of the briefing meeting will be briefing meeting. made including time, date, attendees and key issues discussed and will be published on the Only panel members who will sit on the planning panels’ website within 7 days. planning panel to determine the DA should attend the briefing meeting. Public briefing meetings It is not mandatory that the planning panel If the DA attracts significant community be briefed prior to considering the matter. interest, the planning panel may consider Where there is a briefing, it should take place holding a public briefing meeting prior to the within four weeks of the close of the public finalisation of council’s assessment report. notification period, and before council makes The public briefing meeting is held to hear any major request for further information from submitters in a public forum and to meet the applicant (although council can request with key stakeholders to discuss unresolved further information before the exhibition). The issues. These public meetings are held at the assessment of the application should not be discretion of the panel chair. delayed in order to conduct a briefing.

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The applicant and all persons who have made In some circumstances, other parties a submission are invited to attend the public including the applicant and people who made briefing meeting. The council assessment submissions on the DA, may also be invited to officer is expected to attend, and record any attend a site visit. Whether other parties are issues raised which need to be addressed in invited is at the discretion of the chair. the council assessment report. In deciding to conduct a site visit, the chair Representatives of community groups should take into consideration the availability interested in the proposal can register to of all members of the planning panel and speak to the planning panel at the public any other persons also invited to attend the briefing meeting. site visit.

For those people who are of the view that Entry to any private land may only take place they would not be appropriately or adequately with the express permission of the owner of represented by any groups, they may register the land, and it is the responsibility of council to speak to the planning panel as individuals. staff to seek owner’s consent when required.

A record of each public briefing meeting held will be published on the planning panels website. Panel members should not 10.10 Other public meetings about make any comment that would indicate the proposed development pre-determination of the application at a public meeting. To avoid any perception of bias, panel members should avoid attending public Site visits meetings about a proposed development organised by members of the community A planning panel may visit the site of a DA or council, unless the meeting has been prior to a briefing or planning panel meeting organised at the request of the planning panel. (see 11.1 below), at the discretion of the chair. The chair will also invite the council In order for all panel members to hear assessment officer and other persons the concerns of the public as part of the engaged in the assessment of the matter to consideration of the application, panel attend a site visit. The planning panel may members should decline the invitation and conduct the site visit on the same day as the advise the meeting organisers to make a planning panel meeting or at some other time, submission to council and register to address determined on a case-by-case basis with the planning panel at its meeting. regard to circumstances such as location and All members of the planning panel are required available time. to observe the planning panels Code of Conduct which requires determinations to be made impartially and based on merit.

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10.11 Council representation to 10.12 Code of Conduct the planning panel considerations

An elected council may make a submission on All planning panel members are required a DA within their LGA that is to be determined to comply with the Planning Panels by a planning panel up to seven days before Code of Conduct when exercising their the planning panel meeting. The applicant may functions as a panel member and make consider it appropriate to provide a briefing merit-based decisions in accordance with to council prior to the council framing its statutory obligations. submission to the panel. To avoid any perceptions of bias, and to meet After the assessment report has been requirements of the Code of Conduct (section forwarded to the secretariat, it may be 3.22), councillors who have deliberated or provided to the elected council to assist in voted on a matter that is to come before its decision as to whether it will be making a the panel (such as a submission from the submission to the planning panel. The elected council on a DA for regional development, a council’s submission should not be prepared related voluntary planning agreement or a by persons involved in the assessment of planning proposal) must stand aside from the application, and should be prepared by their place on the panel and allow council’s another council officer, or a consultant. nominated alternative member to take their place. Alternatively, the member may choose A council submission should not be specifically to not participate in the deliberations or addressed in the assessment report or voting on the matter at the council (or council recommendations prepared by the council committee) meeting. They should also not staff. If council makes a submission, a staff remain in the council chamber during the representative or individual Councillors may council’s deliberations. register to address the planning panel at the meeting to express the views of council.

Councillors who are also panel members have 10.13 Submission of assessment an independent role because they have been report to the secretariat nominated by their council as its nominee to the planning panel. The completed assessment report and recommendation is to be immediately forwarded, via electronic means, to the secretariat.

The assessment report is not to be endorsed or presented to the elected council before being forwarded to the secretariat.

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The following items are to be forwarded in a 10.14 Written submissions to the digital format to the secretariat: planning panel • assessment report and any attachments and recommendations (including All written submissions must be sent directly to conditions), council in order to be considered as part of the • the planning panel assessment report cover assessment of the DA. sheet (available on the planning panels Any material submitted to the secretariat for website), the planning panel to consider in making a • final architectural drawings, plans and other determination will be provided to council for reports that the assessing officer considers assessment. Planning panels will not normally that the panel may require in order to make accept information provided in confidence an informed decision, that is not also provided to council. However, • copies of each submission received in if confidentiality is requested, the reason must respect of the DA along with a table be clearly stated. containing the names, postal addresses At the planning panel meeting, it is acceptable and email addresses (if provided) of every to provide the panel with written material person or body who made a submission to which summarises the matters to be presented allow the secretariat to notify submitters of to the panel by the speaker. However, this the details of the panel meeting, and written material must be kept to a minimum. • in the case of petitions, only the name and address of the head petitioner should be provided, if that person can be identified. 10.15 Rezoning, master plans and voluntary planning Note: Council’s assessment report must agreements include a summary and assessment of all submissions to enable the planning panel to If a proposed development requires approval consider the submissions for the purposes of of a rezoning application, it is the responsibility section 79C of the EP&A Act. Based on the of the council to consider and process any details provided by council, the secretariat will such rezoning proposal. Where a DA has notify persons who made submissions of the been lodged concurrently with a rezoning time, date and venue of the planning panel proposal, the planning panel requires council’s meeting at which the relevant application assessment report to address the DA against will be considered. Councils should also the proposed zoning, and cannot make provide the secretariat with copies of any late a determination to approve any DA until submissions and, where necessary, provide the rezoning process has been completed further assessment if the issues are not already (gazetted). covered in council’s assessment report.

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Where the provisions of an environmental Before the end of the prescribed period, only planning instrument require a master plan to a council (not the applicant) can refer an be adopted by the council before granting application to the planning panel. development consent, it is the responsibility For Crown DAs with a CIV less than $5 million of council to adopt the master plan prior where a council seeks to refuse consent or to providing the assessment report to the impose a condition to which the applicant planning panel. In such circumstances, has not provided their agreement, the the planning panel will not determine the application is also to be referred by council to application until the master plan is adopted by the planning panel under section 89(2) of the the council. EP&A Act. Planning Circular PS 09-017 outlines If a Voluntary Planning Agreement (VPA) is the Crown DA provisions. proposed, it should be negotiated by council The referral to the secretariat should take staff. VPAs may only be entered into by the the form of a letter, with a request that council, and the assessment report would under section 89(2) of the EP&A Act the normally make reference to any VPA and its matter be referred to the planning panel for relationship to the DA. determination. Sections 89(6) and section The planning panel may only impose a 89(7) then set out additional procedures for condition of consent requiring a VPA be the referral, including the requirement to notify entered into if the condition reflects the terms the council in writing that the application has of any offer made by the applicant to enter been referred. into a VPA. Following receipt of the letter, the secretariat will review the documentation. If accepted, the council will be requested to lodge the referral 10.16 Referral of Crown on the planning panels’ website. development applications The council is to provide an assessment with a CIV less than report to the planning panel for consideration. $5 million Section 11.7 below discusses the determination of Crown DAs. Crown DAs with a CIV greater than $5 million are regional development. Crown DAs with a CIV under $5 million can be referred to the planning panel under section 89(2) of the EP& A Act by either: • the applicant where council has not determined in the prescribed period, or • the council at any time including before the end of the prescribed period.

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11 Determination

11.1 Planning panel meeting A planning panel meeting will generally be arranged within 14 days of receiving council’s Planning panels exercise the consent authority assessment report. functions of elected councils to determine Additional meetings of a planning panel may regionally significant development in be organised at the discretion of the chair. accordance with section 23G of the EP&A Act. These additional dates will be posted on the A planning panel meeting is where the website as soon as they become available. planning panel meets in public to consider The agenda for each meeting is approved by DAs. Refer to Schedule 1 for more information the chair who may consult with the general on the detailed procedures for panel managers (or their nominee) of the relevant determination meetings. councils as necessary.

The purpose of the meeting is for the planning The council is to notify the secretariat of any panel to hear those who wish to express revised date for completion of the assessment their view on the DA before the panel makes report as soon as it is aware of any delay and a decision. advise reasons for the delay. Following public submissions being heard and after considering the recommendation in council’s assessment report and hearing the 11.3 The meeting venue views of the public, the panel may determine the application or defer its decision for reasons The meeting venue is determined by the chair that will be stated in the meeting record. in consultation with relevant councils, and taking into account: • the location of the proposed developments 11.2 Meeting dates and agendas to be considered at the planning panel meeting, A regular schedule of proposed meeting • the number of persons who have expressed dates is determined at the beginning of each an interest in the different matters to be year by the secretariat in consultation with considered at the planning panel meeting, the chair. The meeting dates are listed on the • the availability of a suitable venue and the planning panels website and are reserved for accessibility of the proposed venue for public briefing meetings, briefings with council those persons, and staff, site visits, or planning panel meetings.

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• local considerations and logistics. • the availability of agenda and business papers, which will include the assessment The meeting venue should: report and recommendations, and • maximise accessibility to people who have • other matters to be considered at expressed an interest in the matters to be the meeting. considered at the meeting, and • facilitate the open exchange of information between the panel members and 11.5 Distribution of meeting other parties. agenda and business papers Items from a number of different LGAs might be considered at one meeting provided The meeting agenda, business papers/ the venue is reasonably accessible to most assessment reports and attachments, interested parties. including any representations made by In regional areas, the chair may need to councils, are to be distributed to members convene meetings in a number of locations of the planning panel and uploaded on the to ensure they are accessible to the greatest planning panels’ website by the secretariat no number of people with an interest in the less than 7 days prior to the meeting. application being considered. A hard copy of the agenda and business papers will be posted via overnight express post to those panel members who will have a 11.4 Notice of meeting decision-making role on the DA.

Notice of a planning panel meeting is to be given by the secretariat at least 7 days before 11.6 Obligation to consult council the meeting. Notice is provided to panel – if adverse financial impacts members, the general managers (or their nominee) of the councils in that region or A planning panel must not make a decision district, every person who made a submission that will have, or that might reasonably be to the council (in the case of petitions, only expected to have, a significantly adverse the head petitioner) in respect of an item to be financial impact on a council until after it has considered at the meeting and the applicants consulted with the council. for those items. A notice is placed on the planning panel website and may be placed in The consultation may be in writing, with the local newspaper. the council being given a specified time to respond in writing. Where a meeting with the The notice is to include details of: general manager (or nominee) is to be held to • the time and date of the meeting, discuss the matter, all panel members should • the venue for the meeting, • the development application/s,

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be present and minutes kept of the meeting 11.8 Delegation to council to and its outcomes, which shall be forwarded to determine applications the secretariat.

If the Minister agrees, Joint Regional Planning Panels may delegate the determination 11.7 Determining Crown of applications to councils. In the Greater development applications Sydney Region, if the Commission agrees the Sydney Planning Panels may delegate A consent authority for Crown development the determination of applications to councils. cannot refuse consent to a Crown DA except Delegation may be for development in a with the approval of the Minister, or impose specified area, for a class of application, or be a condition on its consent to a Crown DA made on a case-by-case basis. except with the approval of the applicant or The Local Government Act 1993 provides that the Minister. the planning panels can only delegate to the This requirement applies to Crown elected council, and it is then at the discretion development that is to be considered by of the council to delegate to the general a planning panel, whether the application manager, and in turn to senior staff. is for ‘Regional Development’ in terms of In situations where the determination is Schedule 4A of the EP&A Act, or where it is delegated, councils are still required to: an application referred to the panel by an • register the application on the planning applicant or the council under section 89(2) panels website, of the EP&A Act. Refer to section 10.16 for more information. • inform and update the secretariat on the processing of the application as requested, Where the planning panel wishes to either and refuse an application or impose conditions • provide a copy to the secretariat of all not agreed to by the applicant, or where determination documents, including a planning panel fails to determine the DA the assessment report and Notice within the prescribed period, the applicant or of Determination. the planning panel may refer the DA to the Minister. In these instances, a further report A council may be requested by the chair of will be prepared by the Department for the the relevant planning panel not to exercise Minister’s consideration. delegation in certain circumstances.

The Planning Assessment Commission may Any determination made by council under function as a planning panel to determine delegation remains a decision of the Crown DAs within the City of Sydney (where planning panel. the planning panels do not operate) which are not determined by council within the time prescribed in the EP&A Regulation.

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12 Post determination

12.1 Issuing the notice of 12.2 Monitoring of and determination compliance with conditions of approval The notice of determination is issued by the council that received the DA, following The council as the consent authority will the decision of the planning panel and continue to be responsible for the monitoring in accordance with the EP&A Act and of, and enforcing compliance with, any EP&A Regulation, and the council’s conditions of the development consent. normal procedures. Where an application has been approved The notice should not be issued until a copy subject to a ‘deferred commencement’ of the endorsed and final panel determination condition under section 80(3) of the EP&A has been received by council. The notice of Act, the council is responsible for determining determination must include all conditions whether the requirements of the condition imposed by the planning panel, including any have been met. Under clause 123E(2) of the additional or amended conditions. EP&A Regulation, council is required to advise the chair of the planning panel in writing Enquiries about the determination should when the matter specified in the condition has be directed to the council planning officer been satisfied. responsible for the assessment report. Council is also responsible for advising any person who made a submission on the DA of the determination.

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12.3 Appeals against a planning is encouraged to complete their assessment panel determination report so that the planning panel can determine the DA.

Merit appeals Judicial review and civil

An applicant who is dissatisfied with an actual enforcement proceedings or deemed determination of an application Any person may commence judicial review may lodge a merit appeal to the Land and or civil enforcement proceedings in the Environment Court within six months against Land and Environment Court against a the decision as provided for in the EP&A Act. panel determination.

If the development is designated development, A submitting appearance may be filed by the then an objector to the development who planning panel if the grounds of challenge are is dissatisfied with a determination may not related to the powers or procedures of the also lodge a merit appeal in the Land and panel in determining the application. Environment Court within 28 days as provided for in the EP&A Act.

A merit appeal against a panel determination 12.4 Appeals against is brought against the relevant council. This is determination where council because council legally remains the consent is applicant authority for the development in the EP&A Act. Merit appeals against the determination of a The EP&A Regulation provides that, where planning panel are generally defended and a council is the applicant and makes an managed by the council that received the DA. appeal or otherwise commences Land and Council must notify the secretariat of any merit Environment Court proceedings concerning appeals lodged in the Land and Environment a planning panel determination in respect Court against a determination made by a of the council’s application, the planning planning panel, as soon as possible. Details panel will be the relevant respondent in about the council’s proposed defence of such such proceedings. an appeal, including how it proposes to deal with a deemed refusal appeal, should also be provided to the secretariat.

The panel will determine its level of involvement in an appeal on a case- by-case basis.

A planning panel can still determine a DA even though it is subject to a deemed refusal appeal. In these cases, council’s assessment officer

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13 Planning Proposals

In addition to determining applications for 13.1 Key elements of the plan regionally significant development, planning making process panels also undertake rezoning reviews.

Planning panels can also: There are a number of key elements to the plan-making process under Part 3 of the EP&A • act as the relevant planning authority (RPA) Act. These include: for the purpose of preparing a planning proposal following a rezoning review, if 1. Planning Proposal — the RPA (usually council has declined the role; council) is responsible for the preparation • act as the relevant planning authority (RPA) of a planning proposal, which explains in certain other circumstances; the effect of, and justification for, an amendment to a Local Environment Plan • provide advice to the Minister, the Secretary (LEP). A planning panel may act as the RPA or the Commission on any planning or under delegation or direction from the development matters or environmental Minister, or the Commission within the planning instrument referred to them; and Greater Sydney Region; • undertake Gateway reviews as required. 2. Gateway — the Minister, or Commission, Note: the Planning Assessment Commission as relevant (or respective delegates) undertakes these functions in the City of determines whether the planning Sydney local government area. proposal is to proceed with or without variation or be refused. This determination, under section 56 of the Act (Gateway determination), acts as a checkpoint to ensure that the proposal is justified before further studies are done and resources allocated to developing the proposed LEP amendment. The process for community consultation is also determined at this time. Consultation occurs with relevant public authorities and, if necessary, the proposal is varied.

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3. Community consultation — if required, 13.3 Reviews the proposal is publicly exhibited (generally between 14 – 28 days) in accordance The Minister or Commission, as relevant (or with the conditions of the Gateway respective delegates) may request a planning determination. A public briefing meeting panel to undertake a review of certain plan- (public hearing) may be held if directed making decisions made by councils or the by the Gateway determination, at the Department. In particular: discretion of the RPA, or if reclassification • Rezoning reviews — a rezoning review of public land from ‘community’ to may be requested by a proponent if a ‘operational’ under the Local Government council has notified the proponent that Act 1993 is involved. the request to prepare a planning proposal 4. Assessment — the RPA considers public is not supported, or not indicated its submissions and the proposal is varied as support 90 days after the proponent necessary. Parliamentary Counsel then submitted a request accompanied by prepares a draft LEP (the legal instrument) the required information, or has failed to to implement the desired outcome. submit a planning proposal for a Gateway determination within a reasonable time 5. Decision —the LEP is made and is after the council has indicated its support. published on the NSW Legislation website The review will be undertaken by the by the Minister, or Commission, as relevant relevant planning panel and be informed by (or respective delegates). information from the proponent, and advice from the council. • Gateway reviews — a Gateway review may 13.2 Code of Conduct be requested by a council or a proponent in considerations certain circumstances following a Gateway determination. Timeframes for lodging All planning panel members are required a Gateway review are outlined in the to comply with the Planning Panels Department’s ‘A guide to preparing local Code of Conduct when exercising their environmental plans’. functions as a panel member and make These review processes allow councils and merit-based decisions in accordance with applicants to have decisions about the statutory obligations. strategic merits of proposed amendments to It is a requirement of the Code of Conduct LEPs reconsidered. (section 3.22) that, to avoid any perceptions A detailed explanation of the Gateway process of bias, councillors who have deliberated on can be found at http://www.planning.nsw. a planning proposal that is to come before gov.au/LocalPlanning/GatewayProcess/ the panel, must stand aside from their place tabid/291/language/en-US/Default.aspx on the panel, and allow council’s nominated alternative member to take their place.

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Rezoning reviews Strategic merit

Applications for rezoning reviews are made to The planning panel will undertake a review of the Department. the proposal to determine if it is:

On receipt of an application the Department • consistent with the relevant regional plan will notify the secretariat and the relevant outside of the Greater Sydney Region, the council within 3 business days. relevant district plan within the Greater Sydney Region, or corridor/precinct plans The secretariat will upload the application to applying to the site, including any draft the planning panels’ website and notify the regional, district or corridor/precinct plans planning panel within 3 business days. released for public comment; or

The planning panel is required to review the • consistent with a relevant local strategy that planning proposal initially considered by has been endorsed by the Department; or council, rather than an amended or updated • responding to a change in circumstances, version. Council will be requested to confirm such as the investment in new infrastructure that the proposal is consistent with that initially or changing demographic trends that considered by council, and to provide any have not been recognized by existing additional comments or information directly to planning controls. the secretariat within 21 days. A proposal that seeks to amend controls Following council’s confirmation, the that are less than 5 years old will only be secretariat will provide the application, considered where it clearly meets the Strategic planning proposal and any material provided Merit Test. by council to the planning panel for its review. The panel may request briefing meetings with Note: A draft regional plan outside of the the Department, council and the proponent to Greater Sydney Region, draft district plan assist in its considerations. within the Greater Sydney Region or draft corridor/precinct plan that has been released Determination for public comment by the Minister for The planning panel’s determination is to be Planning, Greater Sydney Commission or based on the strategic and site specific merits Department of Planning and Environment of the proposal that was considered by council. does not form the basis for the Strategic Merit Test where the Minister for Planning, The panel’s determination should provide Greater Sydney Commission or Department a clear decision on whether the planning of Planning and Environment announces the proposal before it should proceed, or not re-exhibition of that draft regional, district or proceed, for a Gateway determination rather corridor/precinct plan. than recommending improvements.

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Rezoning proposals that do not meet this Relevant planning authority initial test will not be eligible to be submitted If the panel determines that a proposal should for a Gateway Determination. proceed to the Gateway the relevant council will be asked if it will continue in the the role Site-specific merit of relevant planning authority (RPA) to take the For those proposals with strategic merit the proposal to the Gateway and then finalise the panel is required to determine if the proposal proposal. If council has not made a decision also has site-specific merit, and is compatible to remain as the RPA within six weeks (42 days) with surrounding land uses having regard to of notification, the planning panel will assume the following: the role. • the natural environment (including known significant environmental values, resources Gateway reviews or hazards); Gateway review requests are to be lodged with • the existing uses, approved uses and likely the Department. future uses of land in the vicinity of the proposal; A formal request for a review will be made to the relevant planning panel by the Department. • the services and infrastructure that are, or will be available to meet the demands In preparing its advice on whether the original arising from the proposal and any Gateway determination requires alteration, the proposed financial arrangements for planning panel will consider an assessment infrastructure provision. report and recommendation provided by the Department and any advice provided Planning proposals that do not reasonably by the council and/or the proponent. The meet the above criteria will not be able to panel may request briefing meetings with the proceed to the Gateway. Department, council and the proponent to The panel may meet with the Department, assist in its considerations. council and proponent to clarify any issues The Minister or Commission, as relevant before completing the review. (or respective delegate) will make the The panel will determine whether the proposal final decision on whether the Gateway has merit and should be submitted for a determination for the proposal was Gateway determination. appropriate and if any alteration is required.

Communication of the panel’s determination will be made to the proponent and the council within 90 days of the Department receiving the initial rezoning review request.

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13.4 Relevant Planning The Minister or Commission (or their delegate) Authority (RPA) remains responsible for determining and making the LEP.

A planning panel may be directed to be the RPA for a matter at any time by the Minister Support provided to the planning panel or Commission, as relevant. Generally a in its role as RPA planning panel has delegation from the When a planning panel is acting as RPA Minister or, in the Greater Sydney Region, the Secretariat will arrange any necessary from the Commission to act as RPA if it has agency and community consultation (public recommended that a planning proposal exhibition) and the Department will provide proceed to Gateway and the council has technical support and briefings to the planning declined to remain as the RPA. panel as required. As RPA, the planning panel performs all the functions that a council normally would in preparing LEPs. This includes: 13.5 Availability of planning panel • submitting a planning proposal to Gateway; decisions and advice • undertaking any necessary agency consultation prior to public exhibition of the The planning panel will need to make a proposal; number of decisions throughout the plan- • endorsing the public exhibition of a making process when undertaking reviews planning proposal that has received a or acting as RPA. Decisions of the planning Gateway determination and met all of the panels will be made publicly available within 3 Gateway conditions; business days of the decision being made. • exhibiting the planning proposal in accordance with the terms of the Gateway determination; 13.6 Community consultation • considering a recommendation report, addressing submissions received during There is no requirement for a planning panel public exhibition; to hold a public meeting prior to determining a rezoning or Gateway review. The Gateway • holding a public briefing meeting (at the determination will detail requirements, if any, panel Chair’s discretion) following public for community consultation on planning exhibition, to listen to any person wishing to proposals. The planning panel may hold public speak; meetings at any time, at the discretion of the • Submitting a request to the Department, panel chair. Submissions received as part of as delegate of the Minister or Commission, the public exhibition of a planning proposal that the LEP be legally drafted and made. for which a planning panel is the RPA will be made publically available on the planning panels’ website.

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Schedule 1: Planning panel meetings

1. General 3. Presentations at a planning panel meeting

Planning panel meetings are to be conducted The chair will determine the order of in public, unless otherwise directed by the presentations to the panel. Panel members Minister, or unless the chair is of the opinion may ask questions of those making there are justifiable reasons to conduct any presentations. The amount of time given part of the meeting in closed session. to each speaker will be at the discretion of the chair. At the meeting, the chair will introduce the members, and make any relevant At the planning panel meeting, it is acceptable announcements such as changes to the to provide the panel with written material agenda or apologies. The chair will also ask which summarises the matters to be presented for any declarations of interest on the matter to the panel by the speaker. However, this being considered. written material must be kept to a minimum.

The chair may also briefly summarise (a) Presentation by the assessment officer the key issues that have arisen in the assessment report. The chair may request that the assessing officer responsible for preparing the assessment 2. Quorum for a planning panel meeting report (or a representative) presents a summary of the DA or planning proposal, as the case A quorum for a determination meeting of a may be, and outline any relevant assessment planning panel is a majority of its members, issues at the start of the presentations. The including the chair, i.e. a total of three assessment officer should have available at members. The determination meeting is to be the panel meeting a set of large scale plans deferred if a quorum is not present. (including any amended plans). Where conflicts of interest are known before Generally, it is council’s planning and the meeting, alternate members will be used assessment professional staff that prepare DA to ensure there is a quorum. assessment reports for the panel’s consideration.

Where a planning panel is acting in the role of the relevant planning authority (RPA) for a planning proposal matter the Department will provide technical assistance, which may include the provision of an assessment report for the panel.

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The assessment officer (or representative) (c) Presentation by people or groups who should inform the chair of any late submissions made submissions received, and of any issues raised which Planning panel meetings enable people may not have been addressed in the or groups to make a presentation to the assessment report. panel meeting. People who wish to address The assessment officer (or representative) the planning panel must register with the should be present throughout the panel secretariat prior to the meeting by contacting meeting, so that the panel chair can seek the secretariat by telephone or email within clarification where necessary of assessment the timeframe specified in the notification issues that may arise during the course of letter (generally two days before the panel the meeting. Other technical experts from meeting). the council/Department may also be present The chair will advise on the time allocated (such as traffic engineers) and the panel chair for verbal submissions which will vary from may ask for clarification of specific issues. Any meeting to meeting depending on a number questions to council/Department staff can of considerations such as the number of only be made by panel members and are to be registered speakers. directed through the panel chair. As a guide: (b) Presentation by the applicant • individual submitters will have 3 minutes to or proponent speak, The applicant, in the case of a DA, or the • a speaker for a community organisation/ proponent, in the case of a planning proposal, group will have 10 minutes to present. will be given the opportunity to outline the Additional time may be allocated where proposal and respond to the assessment professional consultants have been report. The applicant/proponent may also engaged by community groups to present be required to respond to submissions at the meeting. made at the meeting. The time allocated In addition, where a large group of people to the applicant/proponent, including their have common issues to raise at the meeting, consultant(s), will be at the discretion of the chair may ask that a spokesperson be the chair, but will generally be 15 minutes. appointed to speak on behalf of the group. In Additional time may be allocated where such cases, the spokesperson will generally be professional consultants have been engaged allocated more time than individual speakers. by the applicant/proponent to present at the meeting. The chair will seek to ensure that all groups or individuals who request to address the panel will be heard. Any requests for extending time limits should be made to the panel at the meeting and may be granted at the discretion of the panel chair.

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Speakers should focus their oral The independent assessment report should presentations on the assessment report and be made available on the planning panels’ its recommendation rather than re-stating website prior to the meeting, except where information outlined in their earlier written this information includes legal advice provided submissions. The planning panel will have read to the planning panel and is subject to legal all submissions and associated documents professional privilege. before the planning panel meeting. 4. Closed sessions (d) Presentation by people or groups that A planning panel may decide to conduct have not made a submission any part of the meeting in closed session The chair has the discretion to allow any if it considers that the matter to be member of the public to address the discussed includes: planning panel, even if they have not made • commercial information of a confidential a submission or registered to speak by the nature that would, if disclosed: relevant deadline. Considerations may include −− prejudice the commercial position of the the number of persons that made submissions person who supplied it, or and have requested to address the meeting and the available time. −− reveal a trade secret, • advice concerning litigation or planning (e) Presentation by a panel appointed expert panel advice that would otherwise be privileged from production in legal For the purpose of making a decision on a proceedings or for other purposes on the matter, such as a DA or a planning proposal, ground of legal professional privilege, a planning panel may obtain independent assessment reports, advice and assistance that • information concerning the nature and the panel may require, particularly in relation location of a place or item of Aboriginal to complex technical matters. This would be significance on community land, in addition to any assessment report or other • a potential conflict of interest of a member, information provided by the relevant council/ or Department in assessing the application. • any other reason deemed appropriate by Selection of such experts is to be determined the planning panel. by the chair in consultation with the other Only the planning panel members should be panel members. present during the closed session. However, Depending on the circumstances, the expert the chair may request council assessment may submit a report with recommendations staff to attend if they require any issues to directly to the planning panel. In addition, the be clarified. The chair may also request expert may be invited to present the outcomes that the minute taker is present during the of their report at the planning panel meeting. closed session.

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Before the chair decides to conduct any part given). The planning panel may then discuss of a planning panel meeting in closed session, the matter in the public meeting and/or make the chair may allow members of the public to their determination in the public meeting. make representations as to whether that part of the meeting should be closed. 6. Deferring a decision at a planning panel meeting Where a chair decides to close any part of a planning panel meeting, the reasons for A panel may decide to defer its determination closing that part of the meeting must be of the matter for a subsequent meeting. A recorded in the meeting record. decision may be deferred for any reason including to obtain additional information 5. Adjourning during a planning or advice. panel meeting The chair will inform the meeting of the After hearing from registered speakers, the reasons for the deferral of a decision and will planning panel may adjourn the meeting advise of the procedures to be followed for to confer amongst themselves, before the determination of the DA. This may include reconvening the public meeting to make the decision to conduct any further meetings their decision. Before the adjournment, the via electronic means following the conclusion panel chair must publicly state the reasons for of business transacted substantially in a public adjournment which should be recorded in the meeting. Refer to section 9. meeting minutes. If there are matters raised in the planning Only the planning panel members should be panel meeting that were not addressed in the present during the adjournment. However, the assessment report, these will be noted in the chair may request assessment staff to attend records of the panel meeting, and the panel the adjournment if they require any issues to may refer the matter to the council’s officer for be clarified. a supplementary report.

During the adjournment, the panel members The planning panel may engage experts may deliberate on their decision and formulate to obtain independent advice and a resolution. assistance as the panel thinks fit, to ensure adequate and appropriate information is The chair may request that the minute taker available for consideration in making a is present during the adjournment to assist subsequent determination. in recording a resolution, where necessary. However, minutes of the adjournment will Council must address all issues raised by not be recorded because this is not part of the planning panel in its supplementary the meeting. report. The planning panel may also request a supplementary assessment report to be After reconvening, the panel chair should provided within a specified timeframe. briefly summarise the matters discussed in the adjournment, including any questions asked of the assessment officer (and any responses

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A record of the panel meeting, including the In addition to council’s assessment report, reasons for deferral, will be placed on the the planning panel is to take into account all planning panels’ website, and a copy will be written submissions made on the application, provided to the council. as well as the views expressed by those addressing the planning panel at the public It is the council’s responsibility to follow up determination meeting. on any requests for additional information or amendments from the applicant, and to report these to the planning panel in a The planning panel’s reasons supplementary report. The planning panel is required to provide reasons for its decisions, which are to be 7. Making the determination on recorded in the ‘Determination and Statement development applications of Reasons’ template provided by the secretariat for each meeting. Where possible the planning panel will make its decision in an open forum and by The planning panel may rely on the consensus. Where a decision cannot be made conclusions and recommendations within by consensus, the decision will be made by council’s assessment report, however, the majority vote. The chair will have a second or panel must identify the reasons why it made casting vote if required because of an equality the decision. of votes. The planning panel’s determination The planning panel’s consideration The planning panel must clearly state whether The planning panel must take into account the application is unconditionally approved, considerations under section 79C of the approved with conditions, or refused. EP&A Act in making its determination. These considerations will be set out in council’s Any new conditions of consent or changes to assessment report, and include: the recommended conditions of consent must be recorded. • the planning controls for the site; • any environmental, social or economic If a matter is deferred for any reason, the impacts; reasons for deferral should be recorded using the Record of Deferral template provided by • the suitability of the site for the proposal; the secretariat. • any submissions made on the proposal; and If the planning panel resolves to approve • the public interest. an application that is recommended for The planning panel should satisfy itself that refusal, the panel may seek a further report in making its determination it has identified from the council’s planning officer providing (and taken into consideration) all of the recommended conditions of consent. As mandatory considerations. outlined in section 10.7, the planning panel

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may also request without prejudice conditions Templates for this purpose are provided by the of consent before a planning panel meeting if secretariat for Determinations and Statements council’s report recommends refusal. of Reasons for DAs, Rezoning Reviews, Records of Deferral and meeting minutes for The decision of the planning panel is not all other matters. subject to a ‘Rescission Motion’ as in local government. Reviews under section 82A of A copy of the unconfirmed meeting record the EP&A Act are not available in respect of will be provided to all panel members determinations by planning panels. who participated in the panel meeting. Panel members may submit any proposed Dissenting views corrections to the unconfirmed meeting record to the secretariat for confirmation by If the decision (and reasons for the decision) is the chair. not unanimous, all members of the planning panel (ie. including the minority) still need to Alternatively, a planning panel may choose give reasons. to complete and endorse the final meeting records immediately after completing the meeting. In this case, draft meeting records Timing of Determination and Statement will not be circulated. of Reasons When the meeting records have been It is preferable that the planning panel record confirmed and endorsed by the chair of that both its decision and its reasons at the time of meeting, the meeting record will be placed on the determination. the planning panels’ website.

Signatures The confirmed meeting records must be available within 7 days of the planning All members of the planning panel must sign panel meeting. the Determination and Statement of Reasons. Where one or two members are in dissent, Any meeting record must detail: they must still sign, as the reasons will set out • the opening and closing times of the their dissenting views. meeting, • the details of the matter considered by the 8. Recording meeting proceedings panel,

The chair is responsible for ensuring that • the names of all members of the panel, full and accurate records are kept of the including the chair, proceedings of public briefing meetings and • any disclosure of interest made by a other planning panel meetings. member, the reason for that disclosure of interest and whether the member making the disclosure participated in the discussion or determination of the matter,

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• any adjournments and reasons for the an applicant or council (such as amended adjournment, drawings). In this case, an electronic • the names of each person heard by the meeting should only occur if council, after planning panel in respect of a matter, having accepted the amended drawings, has decided that re-exhibition of the • any decision of the planning panel, or other amended drawings is not required. outcomes of the meeting, • reasons for the decision, When an electronic meeting is proposed, the council report and recommendation must be • the names of each member who voted made available on the planning panels’ website for or against the decision, and reasons seven days prior to the DA being determined. for dissent, where the decision is not unanimous and The secretariat will distribute business • the signatures of all the members making papers (including the assessment report the decision. and attachments) to planning panel members for consideration and advise The secretariat, with assistance from the that the determination will be made via relevant council, is responsible for recording electronic means. decisions and taking meeting minutes for planning panel meetings. Following consideration of the business papers, the planning panel will advise the secretariat of its decision on the DA and a record of 9. Transaction of business outside planning decision will be completed and endorsed by panel meetings all members. Clause 268I of the EP&A Regulation provides The chair and each panel member will have that a planning panel can transact its business the same voting rights as they have at public at a meeting at which members participate by determination meetings. electronic means including telephone, email, and videoconference.

Following consultation with council’s General Manager and the applicant, the Chair may determine that is unnecessary to hold a meeting in public to consider a DA.

Circumstances where a public determination meeting may not be required includes: • where the assessment report recommends approval and there are no submissions by way of objection, or • where the planning panel has held a public meeting and deferred its decision to request specific additional information from

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Planning Panels Complaints Handling Policy

September 2016 ATTACHMENT TO CiS01 - 30/07/18 Page 112

Planning Panels Complaints Handling Policy © State of New South Wales through the NSW Department of Planning and Environment September 2016

NSW Department of Planning and Environment 23–33 Bridge Street Sydney NSW Australia www.planning.nsw.gov.au

ISBN 978-1-74263-033-5 ATTACHMENT TO CiS01 - 30/07/18 Page 113

Contents

1 Introduction 02

2 Application of policy 02

3 What is a complaint? 02

4 What will not be regarded as a complaint? 03

5 General enquiries, feedback and suggestions 03

6 How to make a complaint? 04

7 Complaint handling 04 a) Acknowledgement of complaint 04 b) Referral of complaint 05 c) Consideration of complaint and outcomes 05

8 Dissatisfaction with response 06

9 Obligations of secretariat 06

10 Obligations of complainants 06

11 Confidentiality 07

12 Register of complaints 08

13 Report on complaints 08

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1 Introduction

The planning panels (Joint Regional Planning Panels and Sydney Planning Panels) are committed to addressing and resolving any enquiries and complaints that may be raised in regard to their operation. This policy aims to promote an accessible, fair and equitable complaints handling process that will: • help resolve any public dissatisfaction, • reduce dissatisfaction and complaints about the planning panels in the future, and • identify aspects of the planning panel operations that may need improvement.

The planning panels will ensure (where possible) that every complaint is received courteously, investigated and acted on quickly and appropriately.

2 Application of policy

You may use this policy to make a complaint about a planning panel member (including a member who is a councillor) in the exercise of their planning panel functions, or about the Planning Panels Secretariat (secretariat).

This policy does not apply to councillors acting in their capacity as an elected councillor or to council staff. Complaints about a council, councillor or council staff should be made to the relevant council or other relevant body (such as the Office of Local Government, Ombudsman or the Independent Commission Against Corruption).

3 What is a complaint?

A complaint is an expression of dissatisfaction made to, or about, the planning panels or secretariat related to: • the quality or delivery of its business, • the conduct of panel members or secretariat staff, or • the handling of a complaint.

The above may include circumstances where a member of the public suspects there has been a breach of the planning panels Code of Conduct and/or Operational Procedures.

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4 What will not be regarded as a complaint?

This policy does not extend to: • dissatisfaction with determinations of the planning panels, • government policy and legislative powers, including the policies and procedures applying to planning panels, or • decisions of government.

Any person may bring legal action to enforce a breach of NSW planning law (section 123 of the Environmental Planning and Assessment Act 1979). This provision can be used where there is concern that a planning panel has breached legislation in making its determination.

There may be situations where issues raised are a result of a misunderstanding of the role or procedures of the planning panels. These will not be regarded as a complaint, and may be managed by providing information or advice on the role and procedures of the planning panels or directing the correspondent to the relevant council or other body.

5 General enquiries, feedback and suggestions

The planning panels are interested in hearing from you in relation to: • general enquiries, • requests for information, • explanations of planning panel policies or procedures, or • constructive feedback or suggestions for improvement.

The secretariat is the first point of contact for all planning panel matters. Its contact phone number is (02) 8217 2060 or email [email protected]

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6 How to make a complaint?

If you have already been in contact with somebody in relation to the complaint, try to resolve the issue with the relevant person you have been in contact with (or their immediate supervisor), if it is appropriate to do so.

If you are not satisfied, or if the above is not applicable, write to the secretariat and clearly identify the nature of the complaint (for example an alleged breach of the Code of Conduct or Operational Procedures), and advise what action has already been taken in relation to the matter.

Complaints should be submitted in writing to:

Planning Panels Secretariat GPO Box 39 Sydney NSW 2001

or emailed to [email protected]

7 Complaint handling

a) Acknowledgement of complaint

Upon receipt of the complaint, secretariat staff or the relevant contact person will: • acknowledge in writing the receipt of your complaint within 7 days of receipt of the complaint, • ensure that they understand the complaint – if there is any doubt at all, they will contact you and seek clarification, and • inform you what will happen next and who will be dealing with the matter and how they may be contacted.

Where possible all complaints will be resolved within 4 weeks of the acknowledgement. If this is not possible, the complainant will be informed of an estimated resolution date.

If the complaint is in relation to a matter that falls outside of this policy, the secretariat will try to address the issue by providing relevant information, directing you to the relevant council or other body, or providing advice on other options that may be available to you.

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b) Referral of complaint

Depending on the nature and scale of the complaint, the matter will be referred for action to either the Manager Planning Panels Secretariat, the relevant planning panel Chair, or a Senior Officer of the Department of Planning and Environment.

Allegations of corrupt conduct should be made directly to the Independent Commission Against Corruption (ICAC).

Complaints about serious maladministration should be made to the NSW Ombudsman or, in the case of serious and substantial waste of public money, to the NSW Auditor General.

c) Consideration of complaint and outcomes

The consideration of complaints will adhere to the principles of procedural fairness. The person considering the complaint will: • inform the person of the complaint made against them, • give that person a right to be heard, • not have a personal interest in the outcome or have been involved in handling the complaint, and • act only on the basis of logically probative evidence.

It may be appropriate for the person dealing with the complaint to engage an external mediator or agency to assist in the resolution or investigation of the complaint.

The outcomes of the complaint handling process may include: • an apology, • provision of further information, • consideration of a change to policy or procedure to improve services, • referral to an appropriate agency or integrity body for appropriate action, or • dismissal of the complaint if it is considered to be without reasonable basis.

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8 Dissatisfaction with response

If you are not satisfied with a response, you can ask for the complaint to be considered by a more senior officer within the Department of Planning and Environment under the Department’s Management of Complaints policy.

Alternatively, you can write to the Ombudsman requesting further action. Complaints may also be lodged with external bodies, as relevant (i.e. the Ombudsman, the Independent Commission Against Corruption, or the Office of Local Government) without a prior referral of the complaint to the secretariat.

9 Obligations of secretariat

The secretariat should: • respond to the complaint promptly and, where appropriate, promptly refer the matter in accordance with this policy, • keep the complainant informed of what is happening with their enquiry or complaint, • record in detail all actions and outcomes relating to the complaint, and • treat all complainants with respect, courtesy and sensitivity.

10 Obligations of complainants

In order for the planning panels to provide an accessible, fair and equitable complaints handling process, complainants have the following obligations: • to not make complaints that are frivolous, vexatious, not in good faith or concerning a trivial matter, • to provide adequate and accurate details about the complaint, • to follow the procedural steps in this policy on how to make and progress a complaint, • to allow the person considering the complaint adequate time to address the enquiry or complaint, and • to provide the person considering the complaint with suggestions or views as to any actions or outcomes they believe will assist in resolving the issue.

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11 Confidentiality

Confidentiality can be a very important issue in dealing with complaints. Depending upon the circumstances of each case, there may be a need for confidentiality in relation to some or all of the following: • the fact that a complaint has been made, • the nature of the allegations, • the identity of the complainant, • the identity of any persons the subject of a complaint; • the identity of any witnesses; and • any evidence gathered.

In some instances, confidentiality may be maintained for a finite period or it may be important that it is maintained absolutely. For example, the nature of allegations may be kept confidential initially but not forever. Who the information should be kept confidential from may also be a consideration. Information may be kept confidential from the public generally, or from particular individuals.

As a general rule complainants details will be kept confidential. However, in making decisions about confidentiality, the person handling the complaint is obligated to consider a range of circumstances where it would, or may be, appropriate to disclose information. These circumstances may include: • to minimise detrimental impact on individuals, • to minimise detrimental impact on current or future investigations, • to minimise prejudice to the future supply of information to the agency or government; • to minimise or prevent substantial adverse impact on the management or assessment of an agency’s personnel, • to minimise prejudice to occupational health and safety, • in various circumstances (in relation to complaints by third parties) whether there are specific considerations such as disciplinary proceedings and child protection, • to comply with privacy requirements under the Privacy and Personal Information Protection Act 1998, and • to maintain confidentiality and complying with obligations under the Public Interest Disclosures Act 1994 (see below).

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There may be specific circumstances where protected disclosure applies. For example, a planning panel Chair is the head of a statutory body, therefore a complaint against a Chair made by council staff or councillors will have protected disclosure and the confidentiality guidelines in section 22 of the Public Interest Disclosure Act 1994 will apply.

Anonymous complaints will not be accepted. Full name and postal address is required by the secretariat. These details will be managed in accordance with the privacy requirements under the Privacy and Personal Information Protection Act 1998.

12 Register of complaints

The secretariat is required to maintain a register of complaints including the following information: • date the complaint was made, • the nature of the complaint including the issues or allegation by the complainant and the names of any persons the subject of the complaint, • summary of any comment from the people who are the subject of the complaint, • whether the complaint was referred on and if so, to whom, • how it was dealt with and by whom, • the time taken to resolve the complaint, and • the outcome of the complaints handling process.

Requests to access the register of complaints should be directed to the secretariat.

13 Report on complaints

The secretariat will prepare a six-monthly report (published in January and July) on the complaints received, detailing the number and scope of the complaints, key issues and any policy or operational response that has been taken to address the concerns raised.

The report on complaints will be made publicly available on the planning panels website.

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