The NSW Government has announced new rules for independent planning panels (IPPs) seeking to reduce corruption risks and improve decision-making processes.
Snapshot
- New rules for Sydney District and Regional Planning Panels have come into effect immediately.
- Local Planning Panels will be governed by the new rules from 24 April 2023.
- The implementation of the new measures will not change the assessment process for development applications (DAs), but instead strengthen operating procedures by promoting the integrity of IPPs.
Key changes
Sydney District and Regional Planning Panels
Across NSW, there are five Sydney Planning Panels and four Regional Planning Panels that are responsible for making decisions on development with a capital investment value over $30 million.
Key changes made to the operation of these IPPs include:
- regularly rotating panel members to randomise panel membership;
- carrying out probity checks, including police checks, for community representatives in Regional Planning Panels, and requiring statutory declaration that representatives are not property developers or real estate agents;
- encouraging councils to appoint a minimum of four (4) alternate council members that can sit on their relevant Regional Planning Panel; and
- appointing a minimum number of 60 experts in the pool Sydney District and Regional Planning Panels choose from.
These new rules commenced with immediate effect, and the NSW Government has confirmed that the expansion of the pool of experts is underway.
Local Planning Panels
Separately, there are 36 Local Planning Panels across NSW that make decisions on local DAs that are contentious, complex or sensitive.
From 24 April 2023, Local Planning Panels must, amongst other things:
- establish a pool comprising at least 15 independent expert members;
- within that pool, appoint at least 4 community representatives for the purpose of consulting that Local Planning Panel;
- regularly rotate panel members and conduct probity checks (as discussed for the other IPPs above);
- on request, and at the chair’s discretion, meet with the applicant for a DA to be briefed on a project prior to a decision being made; and
- implement a framework that enables the NSW Department of Planning and Environment to induct panel members.
Key takeaways
The new rules have been introduced as an integrity improvement as opposed to an overhaul of the IPP system with an aim of addressing risks of inappropriate lobbying or undue influence. The use of a larger pool of experts and an increased rotation of panel members are welcome changes to support the function of IPPs.
While these changes will not affect decision-making processes, proponents of existing or new DAs should be aware of the new rules.
Local councils will also have to act quickly and implement necessary changes to comply with the new rules before 24 April 2023.
If you would like to know more about how the new rules might affect you, please contact us.
By Peter Briggs, Partner, Tom Dougherty, Senior Associate, and James Donaldson, Graduate.
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Disclaimer
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