Types of Development Applications determined by the Panel
The types of Development Applications to be determined by the panel include:
- Conflict of interest - Development for which the applicant or land owner is:
- the council
- a councillor
- a member of council staff who is involved in exercising council’s functions under the Environmental Planning & Assessment Act 1979
- a member of Parliament (either the Parliament of NSW or Federal)
- a relative (within the meaning of the Local Government Act 1993) of a person referred to above.
Note: certain development applications such as signage, maintenance or internal alterations to a heritage item and minor building works are excluded from this category.
- Contentious Development - Development that:
- In the case of council having an approved submission policy – is the subject of the number of submissions set by that policy, or
- In any other case – is the subject of 10 or more unique submissions by way of objection
Note: As of 1 August 2020, applications subject to less than 10 unique submissions may be determined electronically via the electronic circulation of papers without holding a public meeting.
- Departure from Development Standards - Development that contravenes a development standard imposed by an environmental planning instrument by more than 10% or non-numerical development standards.
- Sensitive Development:
- Designated development
- Development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies
- Development involving the demolition of a heritage item
- Development for the purposes of new licenced premises, that will require one of the following liquor licences:
- A club licence under the Registered Clubs Act 1976
- A hotel (general bar) licence under the Liquor Act 2007, or
- An on-premises licence for public entertainment venues under the Liquor Act 2007
- Development for the purpose of sex services premises and restricted premises
- Development applications for which the developer has offered to enter into a planning agreement
- The Panel will only determine applications under Section 4.55(2) of the Act for the modification of development consents granted by the Panel that:
- Propose amendments to a condition of development consent recommended in the Council assessment report but which was amended by the Panel; or
- Propose amendments to a condition of consent that was not included in the Assessment report but was added by the Panel; or
- Meet the above criteria for development applications relating to conflict of interest, contentious development or departure from development standards.”
- Planning Proposals - The Panel cannot determine Planning Proposals. The existing Gateway process requiring Council decision will remain. Panels will however be required to assess and provide planning advice in respect of any planning proposal that has been prepared or is to be prepared by the Council after 1 June 2018 in accordance with the direction issued by the Minister under Section 9.1 of the Act.