Changes for the Government’s Regional Planning Panels

Regional Planning Panels to be expanded

On 6 November 2008, NSW Planning Minister Kristina Keneally announced new changes for the Government’s Regional Planning Panels (JRPPs) and Planning Assessment Commission (PAC). The changes will depoliticise the planning process and deliver to the NSW public a more transparent, accountable and certain planning process. In addition more planning decisions will be delegated to independent expert panels.

Projects of major significance will be considered by a panel consisting of both State Government and Local Council representatives and community input will continue to be sought on the decisions made. Most coastal projects listed in Schedule 2 of the Major Projects SEPP will be removed and will now be determined by either Local Councils or JRPPs depending on their value.

These reforms will ensure that proposals will be assessed on their planning merits and not on extraneous political issues.

Joint Regional Planning Panels (JRPPs)

The JRPPs will come into operation from mid 2009 and will consist of the following members:

  1. three State Government appointed members; and
  2. two Council appointed members from the local area where a development application (DA) has been made.

One of the features of the changes is the reduction in the threshold for assessment of residential, mixed use and commercial DAs by JRPPs from the previously proposed $20 and $50 million to $10 million. The $5 million threshold for Crown development and private infrastructure has been retained with a further category of ecotourism development added. These new thresholds will commence on 1 February 2009 and relevant projects will be determined by the PAC in the interim until the JRPPs are formed and commence operation.

The changes to the planning panels will see about 90% of major project determinations for coastal and urban development made by the PAC and JRPPs. This equates to an increase from 180 to approximately 380 projects a year being assessed by regional panels, with the overwhelming majority of DAs still assessed by Councils. Local Councils will continue to assess projects and consult with the community as they currently do, however instead of making a recommendation to Councillors, the Council will make its recommendations to a JRPP for determination.

Planning Assessment Commission (PAC)
The PAC has already commenced operation and will consist of a property industry representative as well as two people with environmental and community consultation expertise. The PAC will source members to include a wider range of skills, including property development, environmental assessment and community consultation making the PAC the major NSW Planning advisory body.

The PAC will play a significant role in depoliticising the planning system by ‘standing in the shoes of the Minister’ and determining all development applications where the Minister’s power is delegated to the PAC. This delegation will occur in the following cases:

  1. where the applicant has made a reportable political donation over $1000 in the past two years;
  2. where the project is in the Planning Minister’s electorate;
  3. where the Minister for Planning has a pecuniary interest in the project.

The reforms build on the Government’s legislation, already in force, which requires proponents of development applications to declare political donation over $1000 which have been made at any point in the two years prior to lodging. This will ensure that the DA process will be more transparent and applicant’s will have a ‘fair go’ when seeking approval. Nevertheless, it is unclear whether this will arise where an ‘associate’ of the applicant has made donations or a person other than the applicant with a financial interest in the project has donated.

The Department of Planning will still maintain a role in the decision making process. The Department will conduct the assessment of the DA and make recommendations to the PAC or Minister for determination. The PAC (and Minister) will then have 14 days to make a decision from the date that they receive the assessment report and recommendation from the Department. If not decided within this timeframe, they must make reasons publicly available.

 

Written by Mike Steell, Solicitor