Introduction of Joint Regional Planning Panels Regional briefings June 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 2008February 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 development Listed 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 WEST NORTH WEST Auburn Baulkham hills Blacktown Hawkesbury Holroyd Hornsby Kuring-Gai Parramatta SOUTH WEST Bankstown Blue Mountains Camden Campbelltown Fairfield Liverpool Penrith Wollondilly Two regions in Sydney Metro METRO 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, Sutherland Randwick, 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

CouncilRegional PanelSecretariatDepartment 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 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 DAs RoleWho responsible? Change to current practices? Pre-DA meetingsCouncil officersNo change Receipt of DACouncil officersNo change Public notificationCouncil officersNo change Assessment of DACouncil officersNo change Prepare Assessment Report make Recommendations Council officersNo change DeterminationRegional PanelChange - currently Councillors (3.6%) or Council officers (96%) Issue consentCouncil officersNo change Compliance mattersCouncil officersNo change Appeal mattersCouncil officersNo 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 300Closed end May 2009 Council Panel member nominationsClosed mid June 2009 Draft Operational Guidelines & Code of ConductSupplied to councils - 5 June Engagement: Phase 1 – Education A: Council planners B: Industry, government agencies, planning sector 9 – 16 June June 2009 Regional Panel Secretariat team establishedEnd June 2009 State Govt and Local Council panellists appointedEnd June 2009 Engagement: Phase 2 – Training Key audience: PanellistsLate June-early July 2009 Regional Panel commenced1 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 ongoing December 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 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