Council-Related Development Application conflict of interest policy
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Consultation has now concluded.
After recommendations from the NSW Ombudsman, changes have been made to the Environmental Planning and Assessment Regulation 2021. These came into effect on 3 April 2023.
They require all Councils to:
Have a policy that specifies how conflicts of interest in connection with Council-related development applications will be handled. It must comply with the requirements set out in the Guidelines prepared by the Department of Planning and Environment (Section 66A).
Council-related development applications must now be accompanied by either:
a management strategy statement which explains how Council will manage potential conflicts of interest, or
a statement that the Council has no management strategy for the application (Section 36A)
Record conflicts of interest in connection with each Council-related development application and the measures taken to manage the conflicts. These should be included in their existing Development Application Register (Section 242A)
Exhibit Council-related development applications for a minimum of 28 days to ensure transparency during the assessment process (Environmental Planning and Assessment Act, Schedule 1 Clause 9B).
The policy must satisfy the provisions as set out under Section 66A of the Environmental Planning and Assessment Regulations 2021 as well as comply with the Council-related Development Application Conflict of Interest Guidelines published by the DPE.
It also sets out:
management controls to be applied during the assessment and determination phases of the assessment process
types of developments where management controls need not apply
the process by which potential conflict of interests will be identified.
This includes assessment of risk level and determination of appropriate management controls, and the process of publicly communicating management approaches for each development that is subject to the policy.
Submissions on the draft policy are open until close of business Thursday 24 August 2023.
Submissions may be made:
By commenting below
By email to council@qprc.nsw.gov.au(External link) referencing "Draft Council-Related Development Application conflict of interest policy" in the subject line
By mail to PO Box 90, Queanbeyan NSW 2620
Privacy: Submissions with the author’s name and contact details will be provided to Councillors for consideration. However, names and contact information will be removed when the submissions are included in public documents such as Council Business Papers.
After recommendations from the NSW Ombudsman, changes have been made to the Environmental Planning and Assessment Regulation 2021. These came into effect on 3 April 2023.
They require all Councils to:
Have a policy that specifies how conflicts of interest in connection with Council-related development applications will be handled. It must comply with the requirements set out in the Guidelines prepared by the Department of Planning and Environment (Section 66A).
Council-related development applications must now be accompanied by either:
a management strategy statement which explains how Council will manage potential conflicts of interest, or
a statement that the Council has no management strategy for the application (Section 36A)
Record conflicts of interest in connection with each Council-related development application and the measures taken to manage the conflicts. These should be included in their existing Development Application Register (Section 242A)
Exhibit Council-related development applications for a minimum of 28 days to ensure transparency during the assessment process (Environmental Planning and Assessment Act, Schedule 1 Clause 9B).
The policy must satisfy the provisions as set out under Section 66A of the Environmental Planning and Assessment Regulations 2021 as well as comply with the Council-related Development Application Conflict of Interest Guidelines published by the DPE.
It also sets out:
management controls to be applied during the assessment and determination phases of the assessment process
types of developments where management controls need not apply
the process by which potential conflict of interests will be identified.
This includes assessment of risk level and determination of appropriate management controls, and the process of publicly communicating management approaches for each development that is subject to the policy.
Submissions on the draft policy are open until close of business Thursday 24 August 2023.
Submissions may be made:
By commenting below
By email to council@qprc.nsw.gov.au(External link) referencing "Draft Council-Related Development Application conflict of interest policy" in the subject line
By mail to PO Box 90, Queanbeyan NSW 2620
Privacy: Submissions with the author’s name and contact details will be provided to Councillors for consideration. However, names and contact information will be removed when the submissions are included in public documents such as Council Business Papers.
