The following applications are referred to the Local Planning Panels Direction:
1. Conflict of interest
Development for which the applicant or land owner is:
- the council,
- a councillor,
- a member of council staff who is principally involved in the exercise of council’s functions under the Environment Planning and Assessment Act 1979,
- a member of Parliament (either the Parliament of New South Wales or Parliament of the Commonwealth), or
- a relative (within the meaning of the Local Government Act 1993) of a person referred to in (b) to (d).
but not development for the following purposes:
- internal alterations and additions to any building that is not a heritage item,
- advertising signage,
- maintenance and restoration of a heritage item, or
- minor building structures projecting from the building façade over public land (such as awnings, verandas, bay windows, flagpoles, pipes and services, and sun shading devices).
2. Contentious development
- in the case of a council having an approved submissions 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.
An approved submissions policy is a policy prepared by the council and approved by the Secretary of the Department of Planning and Environment which details the circumstances in which a local planning panel or council staff should exercise the consent authority functions of the council, based on the number and nature of submissions received about development.
3. 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.
Note: If the Secretary allows concurrence to be assumed by council staff for contravening development standards, the panel can delegate these applications to council staff to determine.
4. 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:
(i) a club licence under the Registered Clubs Act 1976,
(ii) a hotel (general bar) licence under the Liquor Act 2007, or
(iii) 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.