Item 7.2 - Attachment 1 |
Attachment 1 - Previous
report to Council |
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. |
RECOMMENDATION 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
REFERENCE MATERIAL