Draft Managing Conflicts of Interests - Developments
Consultation has concluded
Overview
We invite your feedback on the Draft Managing Conflicts of Interests for Council-Related Developments Policy. This policy is essential for ensuring transparency and accountability in our planning system. By providing your input, you can help shape a policy that addresses potential conflicts of interests in council-related developments and strengthens our community's trust in the decision-making process.
Background
The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 commenced on 3 April 2023. This amendment requires that NSW councils implement a Conflict of Interest Policy for Council-related development.
The purpose of the amendment is to ensure the planning system remains transparent and accountable in relation to developments that Council is apply for itself. eg our development application for the new sport and recreation precinct. The Amendment Regulation requires Council to adopt a formal policy for the management of any potential conflicts that may arise where Council is the consent authority.
A Council-related development application is a development application for which the Council is the consent authority, that is –
a. made by or on behalf of the Council, or
b. for development of land –
I. of which the council is an owner, a lessee or a licensee, or
II. otherwise vested in or under the control of the council.
Land vested in or under the control of the Council includes public land within the meaning of the Local Government Act 1993.
Council prepares local planning policies and assesses and determines development applications. Council can also be a developer, landowner or hold a commercial interest in land. Where Council has this dual role, an inherent conflict can arise. Identifying these conflicts early and finding ways to address them is crucial to good governance and allows Council to strengthen its relationship with the community as well as build and enhance trust with the community.
Where Council is the consent authority, the matter will be determined by the Local Planning Panel. Where a Council-related development application is over $5 million in value, it will be determined by the Sydney North Planning Panel, which is a separate consent authority.
Have your Say
To have your say, please make a submission to the General Manager by quoting SU6840 by:-
- email: service@lanecove.nsw.gov.au or,
- post: Lane Cove Council, PO BOX 20, LANE COVE, NSW, 1595
Submissions must be received by 5pm Sunday 25 June 2023.