The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 commenced on 3 April 2023. The purpose of the amendment is to ensure the planning system remains transparent and accountable in relation to Council-related development.

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 communities, while also building and enhancing trust.

The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 requires Council to manage conflicts of interest that may arise in connection with Council-related development applications because the Council is often the consent authority. Existing Council Development Applications currently under assessment are not affected.

Council is required to prepare a formal policy for the management of any potential conflicts that may arise in relation to Council-related development and to prepare a management strategy that will be published on the NSW Planning Portal with exhibited development applications.

The Amendment Regulation also necessitates an update to Council’s Community Participation Plan.

What has been developed and changed?

On 3 April 2023 Council resolved to exhibit the following suite of documents to comply with the Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023. The Council Report can be found here. The 2022 Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation can be found here.

The Amendment Regulation requires Council to adopt a formal policy for the management of any potential conflicts that may arise in relation to council-related development. The policy:

• Specifies how the Council will manage conflicts of interest that may arise in connection with Council-related development applications because the Council is the consent authority; and
• Complies with the Council-related Development Application Conflict of Interest Guidelines published by the Department of Planning and Environment.

The Amendment Regulation requires Council to prepare a conflict-of-interest management statement to be published on the NSW Planning Portal with exhibited Council-related development applications.

With the commencement of the Amendment Regulation, Council is required to keep a register of Development Applications and development consents for Council-related developments.

The register must list:

• Conflicts of interest that may arise in connection with the application because Council is the consent authority; and
• Measures taken by Council to manage the conflicts of interest.

4. Revised Community Participation Plan

On 18 November 2019 Council adopted the Community Participation Plan.

Schedule 1 of the Environmental Planning and Assessment Act 1979 specifies the community participation requirements in relation to planning matters, particularly in relation to how Development Applications and draft Planning Proposals are exhibited.

The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 requires an update to Schedule 1 of the plan to introduce a minimum public exhibition period for a Council-related development application of 28 days. A review of the Community Participation Plan has also identified the need for further updates and edits. These are identified and explained on the document found here and the Council Report found here.

Please provide your feedback by 29 May 2023. For written, phone and emailed submissions, please quote: 'Council-related Development Documents and Revised Community Participation Plan feedback'. Submissions become public documents and may be viewed by other persons on request. Please read Council's Privacy Notification before submitting your feedback.

Accessibility and language assistance

If you’re d/Deaf, hard of hearing or have a speech or language difficulty, you can contact us through the National Relay Service. If you need an interpreter, you can contact us through the Translating and Interpreting Service on 131 450. You’ll need to provide our phone number 02 4227 7111 for either service.