1. Why do we need JRPPs?
Joint Regional Planning Panels have been set up to determine a range of developments, including all developments with a value of more than $10 million and subdivisions of more than 250 lots that are not determined by the Minister for Planning.
The NSW Government is committed to delivering Australia’s best planning system.
The JRPPs will support all this by bringing together local representatives and experts in development disciplines (such as heritage, tourism, architecture, urban design or traffic issues) in an environment free of any political or other influence, to determine development applications strictly on their merits.
JRPPs will enhance the integrity of the decision-making process through four key qualities;
Transparency
- Decisions will be made on merit and in full view of the public
Rigour
- Qualified experts will determine applications - bound by legislation, regulations, Operational Guidelines and a Code of Conduct
Accountability
- Independent panels operating without interference from government
Efficiency
- Fully resourced panels to cut red tape and application waiting periods
2. How are residents involved in JRPP decisions?
The views of a community are considered at a number of points throughout the assessment and decision-making processes.
Firstly, the proposed development will be placed on public exhibition and the community is encouraged to comment on the proposal, with these comments included in the information considered by the JRPP during its deliberations.
As part of the deliberation process members of the public can appear before the Panel to state their case for or against the development, with their comments being considered as part of the information which will assist the JRPP to make its final determination. JRPP meetings will be open to the public and held in, or as close as possible to, the local government area in which the application was lodged.
3. How will councils be funded for their activities?
Firstly, councils will collect all the relevant fees from processing and assessing of development applications to be determined by the JRPPs.
The costs of the council-appointed members will be paid by the council, as they would be if the councillors were determining the application.
The costs for the non-council members of the JRPPs and the administration of the JRPPs will be met by the NSW Government, through an allocation of $2.4 million in the 2009-2010 NSW Budget.
4. What powers are being given to council?
The State Government is strengthening the powers of councils through the setting up of JRPPs.
These changes will mean that some development previously assessed by the Department of Planning and determined by the Minister as Major Projects under Part 3A of the Environmental Planning and Assessment Act 1979, will now be assessed by councils and determined by the Regional Panels.
For example, residential, commercial or retail projects with a Capital Investment Value (CIV) over $50 million previously could be determined by the Minister as Part 3A projects. Under the new scheme the Minister will now determine residential, commercial or retail projects with a CIV of more than $100 million. Residential, commercial or retail projects between $10 million and $100 million will now be determined by Regional Panels.
Regional Panels will also determine other development proposals that were previously determined be the Minister. These include development in the coastal zone such as subdivision of land in the coastal zone for between 5- 25 or 100 lots (depending upon the purpose of the subdivision), small mining or extractive industry operations, landfills, tourist and visitor accommodation and buildings or structures over a specified height.
Thus council’s role in assessing these development types means councils have more input for certain developments than was previously the case.
5. How are conflicts of interests handled by JRPP members?
All JRPP members (including both State and council appointees) are required to comply with the JRPP Code of Conduct (‘the Code’). The Code outlines the standards of conduct expected of JRPP members and includes specific requirements on how members are to deal with conflicts of interest.
These requirements reflect relevant provisions of the Environmental Planning and Assessment Act and are consistent with provisions that apply to other statutory bodies.
Conflicts of interests arise from private interests and can be pecuniary or non-pecuniary.
If a member has a pecuniary or non-pecuniary interest in a matter to be considered at a meeting of a JRPP, and the interest appears to raise a conflict with the proper performance of the member’s duties, the member must disclose the nature of the interest at a meeting of the JRPP.
The member must not, unless the Minister or JRPP otherwise determines, be present during any deliberation of the JRPP with or take part in any decision of the panel about the matter.
The EP&A Act requires that particulars of disclosures are to be recorded and be made available for inspection.
Political donations
Political donations may give rise to a pecuniary or non-pecuniary interest.
Such interests are to be dealt with in the manner outlined above – that is the nature of the interest must be disclosed and the member must not, unless the Minister or JRPP otherwise determines, be involved in any decision or deliberation with respect to the matter.
6. Will JRPPs hold meetings? Will I have to travel long distances to attend JRPP meetings?
Every effort will be made to ensure that meetings of the Panels will be held in the local government area where the application was lodged or in locations convenient to those who may need or wish to attend.
7. Will objectors have an automatic right to address JRPP meetings?
Panel meetings will be open to the public and any interested group or person can seek to address the meeting.
In the case where there are a significant number of people from an organisation seeking to address the Panel, the Chair of the JRPP can direct large groups to nominate a smaller number of designated spokespeople to speak on their behalf. This is consistent with practice in many councils.
As transparency is one of the key qualities of the JRPP process, every effort will be made to provide opportunities for proponents and opponents of a proposed development to address the Panel.
It should be noted that many councils do not allow proponents or opponents to directly address council meetings deliberating on development proposals.
9. Why can’t Panel members other than the chair talk to the media about JRPP issues? Councillors can?
The draft code of conduct was amended to make it clear that the chair speaks on behalf of the JRPP. The spokesperson role can be delegated to another Panel member by the chair.
Other Panel members can speak to the media about JRPP matters however, unless given a delegation by the chair, the Panel member cannot speak on behalf of the JRPP