Background
The Minister for Planning gave the direction under section 9.1 of the Environmental Planning Assessment Act 1979 to form local planning panels, appointed by councils to determine certain development applications and to provide advice on planning proposals. This direction took effect from 1 March 2018.
The Panel is composed of a chairperson, two independent expert members and a community representative.
Local Planning Panels determine development applications and modification applications involving development of a kind specified in the Local Planning Panels Direction – Development Applications and Applications to Modify Development Consents made by the Minister for Planning and Public Spaces on 30 June 2020 as follows:
1. Conflict of Interest
Development for which the applicant or land owner is:
(a) the Council,
(b) a Councillor,
(c) a member of council staff who is principally involved in the exercise of council’s functions under the Environmental Planning and Assessment Act 1979,
(d) a member of Parliament (either the Parliament of New South Wales or Parliament of the Commonwealth), or
(e) a relative (within the meaning of the Local Government Act 1993)** of a person referred to in (b) to (d)but not development for the following purposes:(a) internal alterations and additions to any building that is not a heritage item,
(b) advertising signage,
(c) maintenance and restoration of a heritage item, or
(d) minor building structures projecting from the building façade over public land (such as awnings, verandahs, bay windows, flagpoles, pipes and services, and sun shading devices).
**Note: A relative in relation to a person, means any of the following–
(i) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse or de facto partner,
(ii) the spouse or de facto partner of the person or of a person referred to in paragraph (i).
2. Contentious Development
Development that is the subject of 10 or more unique submissions by way of objection.
A unique submission means a submission which is in substance unique, distinctive or unlike any other submission. It does not mean a petition or any submission that contains the same or substantially the same text. Separate unique submissions may be made in relation to the same issue. One individual, or one household, could potentially submit multiple unique submissions.
3. Departure from Development Standards
Development that contravenes a development standard imposed by a planning instrument by more than 10% or non-numerical development standards.
4. Sensitive Development
(a) Designated development.
(b) Development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies.
(c) Development involving the demolition of a heritage item.
(d) Development for the purposes of new licenced premises, that will require one of the following liquor licences:
(i) a club licence under the Registered Clubs Act 1976,
(ii) a hotel (general bar) licence under the Liquor Act 2007,
(iii) an on-premises licence for public entertainment venues under the Liquor Act, 2007.
(e) Development for the purpose of sex services premises and restricted premises
(f) Development applications for which the developer has offered to enter into a planning agreement.
Note: Other categories may require referral to the SLPP in accordance with delegations.