Introduction of Joint Regional Planning Panels

Regional briefingsJune 2009

Major changes to the NSW planning system

• Improvements targeted to all levels• Better approval processes – from small to large, regionally

significant developments • Faster spot rezoning processes• Strengthening confidence in the planning system• Well planned developments for better outcomes for

communities• Boosting the economy – delivering jobs.

Making the changes happen

Certification – for CCs & CDCs

Planning Assessment

Commission (PAC)

Exempt and Complying Codes:

Housing Code Regional Panels

Local Plan Making (Part 3)

Exempt and

Complying Codes: Commercial and Industrial Code

Streamlining DAs

(Part 4)

Oct 2008/Ongoing November 2008 February 2009 1 July 2009 September 2009

Today’s Session: Overview of Joint Regional Planning Panels

• Regional Panels – What they do? – Who they are? – Which regions?

• Regional Panels, Councils & Department of Planning roles and responsibilities

• Implementation program, administration and performance monitoring

• Discussion.

Regional Panels’ functions

• Determine regionally significant DAs

• Determine referred Crown DAs if not determined in

timeframes

• Relevant Planning Authority (RPA) to prepare LEPs if

requested by Minister

• Independent advice to the Minister, if requested.

Regionally significant developmentListed in the Major Project SEPP• Development under Part 4 worth over $10M• Designated development • Subdivisions over 250 lots• Certain coastal development (currently Part 3A)• Developments under Part 4 worth over $5M if:

– Public and private infrastructure: eg. community facilities, schools, child care centres and places of worship)

– If Council is the proponent or has a conflict of interest– Crown development– Ecotourism.

Four regions across NSW

Hunter & Central Coast

Northern

Western

Southern

METRO WESTMETRO WEST

NORTH WEST AuburnBaulkham hills BlacktownHawkesburyHolroydHornsbyKuring-GaiParramatta

SOUTH WEST BankstownBlue Mountains Camden Campbelltown FairfieldLiverpoolPenrithWollondilly

Two regions in Sydney MetroMETRO EASTMETRO EAST

NORTH EAST Hunters Hill, Lane

Cove, Manly, Mosman, North Sydney,

Pittwater, Ryde, Warringah

Willoughby

SOUTH EAST Ashfield, Botany Bay,

Burwood, Canada Bay,Canterbury,

City of Sydney, Hurstville, Kogarah,

Leichhardt, Marrickville,

Strathfield, SutherlandRandwick, Rockdale, Waverley, Woollahra

• Three State-appointed members:– Required expertise: planning, architecture, heritage, the environment,

urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration.

– Plus alternates for each region• Two nominees from Council where DA located:

– One to have expertise: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

– Plus alternates for each council• Appointments up to three years• Regional Panels can still function if council have not

nominate members.

Membership of Regional Panels

Roles and responsibilities

Roles and responsibilities Council Regional Panel Secretariat Department of

Planning: Regional Team + Special

JRPP support team

•Receive and assess DAs and make recommendations to regional panel•Prepare LEPs

• Determine regionally significant development • Determine Crown DAs if requested• Relevant Planning Authority if requested• Independent advice on planning matters

• Register DAs• Meeting related matters (e.g. agendas, schedules & travel) • JRPP Management matters including Remuneration • Advice to panel members •Queries and complaints handling.

• Supporting council’s assessment• Education and implementation support to councils• Performance monitoring• Liaison (eyes and ears) • Council contact point / liaison.

Department of Planning collaboration with councils

• Assistance with implementation– Detailed operating procedures – Code of Conduct

• Staffed hotline• Dedicated email address and website• Targeted training and education sessions• Ongoing information sessions.

Costs • Councils receive DA fees :

– Cover cost of assessment; and – Costs associated with their two Panel members.

• NSW Government to meet: – Costs to establish, operate and administer the Panels;

and– Costs associated with three State members.

Operational Procedures and Code of Conduct

Operational Procedures

– Regional Panels must comply with provisions in: – EP&A Act and Regulations– Guidelines: Procedures for the Operation of JRPPs – Code of Conduct.

– Draft Guide and Code developed based on consultation– Provided to councils for comment prior to finalisation– Comments welcome following this session.

Operational Guidelines• Procedures for the Operation of Regional Panels,

include:

– Function of Regional Panels

– Procedural matters in determining Development Applications including Meeting procedures

– Post determination matters.

Council’s key roles with Regional DAsRole Who

responsible? Change to current practices?

Pre-DA meetings Council officers No change

Receipt of DA Council officers No change

Public notification Council officers No change

Assessment of DA Council officers No change

Prepare Assessment Report make Recommendations

Council officers No change

Determination Regional Panel Change - currently Councillors (3.6%) or Council officers (96%)

Issue consent Council officers No change

Compliance matters Council officers No change

Appeal matters Council officers No change

Assessing Regionally Significant DAs• Council planners undertake any pre DA meetings

• When DA lodged – council planners notify/advertise DA

• Council planners assess DA

• Panel may have briefing/site visit at request of applicant, council planners or community members

• Councillors may make submission directly to Panel on DA

• Council submit Assessment Report and Recommendations to Panel Secretariat.

Council submissions to Regional Panel

• Councils can make a representation to the Regional Panels: – Written submissions up to seven days before the Panel

meeting – The applicant may brief council prior to the council

framing their submission to the Panel– Presentation by councillors as individuals or on behalf

of council, at Regional Panel meetings.

Community involvement• Council undertake DA notification, exhibition, and

assessment process in accordance with normal procedures– DA Documentations on council website

• Regional Panel website – when meetings, relevant documents, other matters

• Panel meetings open to the public– Panels can hear from proponents and objectors

• Panel decisions made available on council & panel websites

• Stakeholder and council education and communication program continues throughout implementation.

Determination meeting procedures• Panel Secretariat setting a date, organises venue, agenda

and giving notice

• Site visit – open process

• Public meetings – open process– Presentation may be made by:

– Applicant– Person or bodies who made submissions– Person responsible for assessment– Regional Panel appointed experts.

• Obligation to consult council if likely significant adverse financial impacts

• Make the decision.

Post determination procedures

• Notice of determination

• Enforcing conditions of approval

• Appeals against determination.

Code of Conduct• Outlines the standards of conduct by Panel members in

carrying out their functions:

– Act honestly, ethically and responsibly

– Exercise a reasonable degree of care and diligence

– Act in a way that enhances public confidence in the integrity of the role of the Regional Panels.

Code of Conduct – conflicts of interest• Regional Panel members’ “conduct” obligations

– Conflicts of interest– Personal benefit– Protecting and using information.

• Avoid, manage and disclose conflicts of interest, being:– Pecuniary interests– Non-pecuniary interests– Political donations– Other business or personal dealings.

Codes of conduct – relationships

• Relationship between Regional Panel members, council, council staff and others– Provisions for independence of assessment staff – As a general rule, it is not appropriate for a council

staff to be members of a Regional Panel. Reporting breaches

• Removal from office• Query and complaint handling.

3. Monitoring performance of Regional Panels

• Performance monitoring of:• Number and type of DAs • Timeframes and outcomes • Views of participants.

• Local Development Performance Monitoring Report

• Monitoring will enable review & adjustments if required, eg:• Whether regions too large/small• Regional development criteria in Major Projects SEPP• Administrative practices.

Implementation steps

Summary of key implementation steps State panellist EOI – over 300 Closed end May 2009

Council Panel member nominations Closed mid June 2009

Draft Operational Guidelines & Code of Conduct Supplied to councils - 5 June

Engagement: Phase 1 – Education A: Council plannersB: Industry, government agencies, planning sector

9 – 16 June 200921 June 2009

Regional Panel Secretariat team established End June 2009

State Govt and Local Council panellists appointed End June 2009

Engagement: Phase 2 – Training Key audience: Panellists Late June-early July 2009

Regional Panel commenced 1 July

Engagement: Phase 3 - Information Key audience: council, community, industry

Late July-early August 2009

First Regional DAs lodged after 1 July to be determined

Approx September 2009

Monitoring and review – • Report on progress

ongoingDecember 2009

Next steps• 1 July implementation• Late June - early July:

– Council panellist and State-appointed panellist training – Also, Part 3 and Part 4 council training.

• Late July - early August: – Community, council and industry presentations

• Ongoing monitoring and review• Listening to councils:

– Staffed hotline, JRPP website and dedicated email address.

Conclusion• DoP committed to:

– A program of ongoing support to local government, covering all aspects of planning reforms

– Achieving the best planning system for NSW

Discussion

Thank you and close