The NSW Department of Planning and Environment has created new rules governing the state’s 45 independent planning panels (IPP).


What are the changes?

The nine Sydney District and Regional Planning Panels will now require:

  • members to rotate regularly to ensure randomisation;
  • probity checks, including police checks and a statutory declaration for council nominated members to sign, ensuring they are not property developers;
  • the appointment of a minimum of 4 alternate council members; and
  • an increased number of experts in the pool for Planning Panels to choose from. This will increase from the current range of 3 to 20 experts to a pool of approximately 60.

The  36 Local Planning Panels (LPP) will now require:

  • 15 experts in a pool at a mandatory minimum;
  • 4 community representatives in a pool at a mandatory minimum;
  • members to rotate regularly to ensure randomisation;
  • probity checks, including police checks and a statutory declaration for council nominated members to sign, ensuring they are not property developers;
  • clarification that applicants can request to formally meet with LPP’s to brief them on any project; and
  • implementation of an induction framework for LPP members.

Why are these changes being introduced?

These rules aim to strengthen the panels by removing certainty about which decision makers will be on the panels. Concerns regarding the potential risk of corruption, lobbying and improper influence in the planning system are key drivers influencing the changes which is hoped will strengthen the integrity of the panels and proactively address such issues before they arise.

Overall, the above changes aren’t significantly disruptive and will not adversely impact the decision-making operations of the panels. The changes reflect the Department’s intention to work to better preserve the integrity of the planning system and facilitate a shift toward diverse expertise and stronger panel members, and shift away from predictability of decision makers, lobbying and potential conflicts of interest.

The changes affecting Sydney District and Regional Planning Panels have come into effect immediately however, those which affect Local Planning Panels are due to come into effect on 24 April 2023 which means local councils will need to implement the above changes quickly.

With thanks to Sacha Singh for her assistance in preparing this article.