Item 7.1 - Attachment 1 |
Council Report from 9
June 2009 |
REGULATORY
ITEM NUMBER 7.2
SUBJECT Nominations for
the Joint Regional Planning Panel
REFERENCE F2005/01801 - D01211060
REPORT OF Manager Development Services
PURPOSE: To provide Council with information on the
commencement of Joint Regional Planning Panels (JRPPs) and to consider the
appointment of two (2) interested councillors to represent Parramatta City
Council on the Sydney West Region Joint Regional Planning Panel. |
That the Council
nominate two (2) interested councillors to represent Parramatta City Council on the Sydney West Region
Joint Regional Planning Panel for the period 1 July 2009 to 30 September
2010. |
OVERVIEW
One of the planning reforms introduced by
the NSW Government is to establish a series of Joint Regional Planning Panels
(JRPPs) across the state. On 1 July 2009, the JRPPs will commence operation.
JRPPs will be the consent authority for
regional development applications and can be requested by the Minister for
Planning to provide advice on matters pertaining to planning, development or
environmental planning instruments. They can also be given roles in the Local
Environmental Plan making process.
It is proposed to have six (6) regions for JRPPS that correspond to
existing Department of Planning regions. Matters
within the
The JRPPs will be made up of three (3)
members appointed by the Minister for Planning (State members) who will deal
with matters across the region and a further two (2) members appointed by the
relevant Councils who will undertake JRPP functions for planning matters in
their particular local government area.
The information package for Council nominees
can be found in attachment 1.
Functions
of Joint Regional Planning Panels
The functions of JRPPs are to:
1. Exercise certain consent authority functions in regard to regional
development applications; and
2. Where requested, advise the NSW Minister for Planning on planning
or development matters or environmental planning instruments in respect of JRPP
regions.
Regional development applications will
include:
· Commercial,
residential, retail and tourism with capital investment vale (CIV) between $10
million and $100 million;
· Public and
private community infrastructure and ecotourism with a CIV of more than $5
million eg. schools, community halls, libraries etc;
· Designated
development;
· Certain
major coastal developments; and
· If Council
is the proponent or is conflicted in relation to a development with a CIV of
more than $5 million.
Membership of Joint Regional Planning Panels
The JRPPs are to consist of five
(5) members as follows:
State Members:
Three (3) state members appointed by the Minister, each having expertise in one
or more of the following: Planning,
architecture, heritage, the environment, land economics, traffic and transport,
law, engineering, tourism and public administration.
In appointing the State members,
the Minister is required to have regard to the need to have a range of
expertise represented among the panel’s members. One of the State members will
be appointed as the Chairperson of the JRPP.
Council members: Two
(2) Council members appointed by each Council that is situated in a part of a
state in which a JRPP is appointed. At least one Council nominee is required to
have expertise in one or more of planning,
architecture, heritage, the environment, urban design, land economics, traffic
and transport, law, engineering or tourism.’
Additional selection criteria are
listed as follows for Council nominees:
· Senior level
experience in dealing with multiple stakeholders
· High level
communication skills
· Capability
to drive high profile outcomes in a credible and authoritative manner
· High level
analytical skills; and
· Knowledge of
the assessment of complex development and planning matters.
Councils may also nominate an
alternative to stand in for a Council member.
In nominating a Council member to
a JRPP, the Department of Planning have suggested that Councils require
nominees to declare any private interests that may conflict with the public
duties they would be required to perform if nominated to a JRPP.
Responsibilities of Members of Joint Regional
Planning Panels
The responsibilities of JRPP
members are to:
· Exercise
their functions in accordance with statutory requirements as set out in the
EP&A Act and associated regulations
· Comply with
the approved JRPP Code of Conduct
· Promote a
sense of confidence in the JRPP as independent decision making bodies
· Establish
and maintain effective working relationships with the Councils in the relevant
JRPP region
· Foster a
positive working relationship with other JRPP members, the Panel Secretariat
and the Department of Planning
· Follow
approved JRPP procedures and participate in regular reviews of procedures, to
ensure efficient and affective practices are adopted
· Perform
their functions with integrity, impartiality, honesty, conscientiousness, care,
skill, diligence, and
· Participate
in/chair panel meetings or hold public hearings or panel meetings in a timely,
efficient and cost-effective manner while having proper regard to the issues.
The term of appointment for
Council panellists is up to three (3) years, Councils may nominate a shorter
time period if they desire.
A JRPP member is entitled to be
paid such remuneration (including travelling and subsistence allowances) as the
Minister may time to time determine.
Persons appointed as panel
members will be required to attend a training program that will be provided by
the NSW Department of Planning.
IMPLICATIONS FOR
Council nominations
Councils have been requested to
nominate two (2) persons to become members of the relevant JRPP by Friday 5
June 2009. Each Council has also been requested to nominate an alternate member
who may replace the Council nominee if unavailable for any reason.
In addition to the technical
expertise required for JRPP members, additional selection criteria for nominees
have been identified by the Department of Planning that include:
· Senior level
experience in dealing with multiple stakeholders
· High level
communication skills
· Capability
to drive high profile outcomes in a credible and authoritative manner
· High level analytical
skills; and
· Knowledge of
the assessment of complex development and planning matters.
The guidelines produced by the
Department of Planning would indicate that Council nominees need not be
Councillors or Council staff, with advice being provided that Councils may wish
to undertake an Expression of Interest (EOI) process seeking nominations for
JRPP membership. Insufficient time is available for local Councils to undertake
an EOI process seeking nominations prior to 5 June 2009 and to seek formal resolution
of nominees to be put forward.
The only option available to
Council in the short term is for either elected Councillors or staff to be
nominated as members for the JRPP. In
nominating persons to be members of the JRPP it must be recognised that any
person nominated to the JRPP will be an independent member of the JRPP. As such
they should not be subject to influence by other Council officers or
Councillors on matters that are determined by a JRPP.
It is not considered appropriate
for a member of staff (especially staff within the Development Services Unit)
to be nominated as a member of the JRPP for the reason that they are directly
or indirectly responsible for the assessment and recommendations put forward to
the JRPP for determination.
Accordingly, it is recommended
that Council nominate two (2) members of the elected Council (who meet the
selection criteria) to the JRPP as an interim arrangement for the period 1 July
2009 to 30 September 2010.
If however Council would like to
seek Expressions of Interest from community members, it is recommended that
Council nominate two elected Councillor’s to the JRPP for a shorter period,
whilst the EOI process is being carried out.
Council’s role in relation to matters under
consideration by the Joint Regional Planning Panel
The Department of Planning are
currently finalising the procedures for the operation for JRPPs. These
procedures are expected to provide further information to Councils on how the
JRPPs will operate; the roles of both JRPPs and local Councils; and the
procedures that need to be followed by local Councils in assessing regional
development applications.
What is known is that the
assessment of regional development applications to be determined by JRPPs is to
be undertaken by the relevant Council officer in which the proposed development
is located. The Council officers are to submit their assessment report and
recommendations to the JRPP for determination within 60 days.
Whilst the Council will not be
the determining body for JRPP matters, the Council will have the opportunity to
provide its views about any matters that are to be considered by a JRPP. The
Council’s view may be provided to a JRPP by way of a submission in the same way
that any other submissions about the matter are provided to a JRPP for its
consideration in determining a matter. The JRPP must however consult with the
Council prior to determining a matter which is likely to have significant
financial implications for the Council.
Due to the 60 day timeframe in
which regional development applications are to be assessed and referred to the
JRPP for determination, there will be insufficient time for the assessment
report to be tabled to a Council meeting for consideration to seek views on a
regional development application prior to referral to the JRPP.
As a result, it suggested that
upon the receipt of a regional development application notification will be
provided to all Councillors of the receipt of the application and an
opportunity will be provided for the elected Council to provide a written
submission to the JRPP for their determination.
The JRPPs have a unique
relationship to Council and it can direct council and staff as required to
report and take direction from the JRPP. This includes sanctions to the General
Manager for failing to carry out the directions of the JRPP.
There will be internal
administrative changes that will need to be put in place to service the JRPP.
It is not expected that the workload and administrative changes will be
significantly different from current operations however this will be monitored
upon commencement of the JRPPs.
The Department of Planning, based
on data obtained from local Councils in 2007/2008 estimate that the Sydney West
Joint Regional Planning Panel will determine approximately 77 applications per
year. Based on current trends it is expected that Parramatta Council will
receive approximately 10 regional development applications per year.
The legislative amendments that
have been made state that local Councils will fund the operation of the JRPPs,
however the Director General of the Department of Planning is considering a
number of other options to cover the costs of the JRPPs in response to concerns
raised by local Councils. Some of these options include, planning reform funds,
increasing DA fees and sharing the costs between state and local government. To
date no final decision has been made by the government.
Louise Kerr
Manager
Development Services
Information package for Council nominees |
10 Pages |
|
REFERENCE MATERIAL