Decisions on development applications are no longer referred to the elected Councillors for decision making
The State Government has introduced new mandatory rules for certain development applications submitted to councils in the Greater Sydney Metropolitan Area and Wollongong Local Government Area.
These new rules enforced by the State Government means that since 1 March 2018, development applications must be determined by:
- District Planning Panels.
- Local Planning Panels (formerly referred to as the Independent Hearing and Assessment Panel); or
- Delegates of the council (planning officers);
Council’s planning officers are delegated to determine all planning application’s, however those applications that meet the following criteria, must be referred to the Local Planning Panel for determination:
- Any applications submitted by a Council officer who is principally involved in the exercise of council’s functions under the EP&A Act or a Councillor;
- Any applications submitted by Council itself;
- Any application submitted by a member of Parliament or a relative of any of the above;
- An application that receives 10 or more objections;
- An application that contravenes a development standard by more than 10 per cent or a non-numerical development standard;
- Designated development;
- Residential flat buildings of four or more storeys in height;
- A development application that involves demolition of a heritage item;
- A development for the purposes of a new premises that will require a club license, a hotel (general bar) license, or an on-premise license for public entertainment venues;
- Development application for the purpose of sex service premises and restricted premises; and
- Development Applications for which the developer has offered to enter into a planning agreement.
More information on the Local Planning Panel for Canterbury-Bansktown, including panel members and Community representatives for each ward can be accessed here.
All development applications with a construction value in excess of $30 million must be forwarded to the Sydney South District Panel, which is chaired by Helen Lochhead, Dean of the Faculty of the Built Environment at the University of New South Wales, who was appointed by the NSW Government.
Based on recent changes outlined above, decisions on development applications are no longer referred to the elected Councillors for determination.
The Canterbury-Bankstown Local Planning Panel meetings comprises four members:
- An independent chairperson, appointed by the NSW Minister for Planning;
- Two members selected by Council from a pool of experts established by the Department of Planning and Environment; and
- Community representatives for each ward selected by Council.
The Local Planning Panel members will operate under a Compulsory Code of Conduct, which can be accessed here.
The current Canterbury-Bankstown Local Planning Panel will continue to advise Council on:
Planning proposals, unless deemed unnecessary by the General Manager (for correction of obvious errors, minor LEP matters and changes that will not have any significant environmental impact); and
Other planning or development matters referred by the Council.
The assessment and determination of district development remains unchanged, except the increase in threshold by $10 million to a construction investment value of $30 million for certain classes of development.
The District Planning Panel is chaired by Helen Lochhead and two State members being Bruce MacDonald and Nicole Gurran. Council appoints two Councillors to this panel.