This consultation is open
Consultation commences 25 May and concludes 25 June 2023.
Contact
Manager Governance and Risk
Ph: (02) 9911 3646
Email: service@lanecove.nsw.gov.au
Overview
Council invites the community to provide feedback on the Draft Managing Conflicts of Interests for Council Related Developments Policy.
Background
The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023
commenced on 3 April 2023. This amendment require that NSW councils implement a Conflict of Interest Policy for Council-related development.
The purpose of the amendment is to ensure the planning system
remains transparent and accountable in relation to Council-related development.
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 where Council is the
consent authority.
A Council-related development application is defined as a development application for which the
Council is the consent authority, that is –
a. made by or on behalf of the Council, or
b. for development of land –
I. of which the council is an owner, a lessee or a licensee, or
II. otherwise vested in or under the control of the council. Land vested in or under the
control of the Council includes public land within the meaning of the Local
Government Act 1993.
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 the community as well as build and enhance trust with the community.
This Regulation requires Council to manage conflicts of interest that may arise in connection with
Council-related development applications. Where Council is the consent authority, the matter will
be determined by the Local Planning Panel. Where a Council-related development application is
over $5 million in value, it will be determined by the Sydney North Planning Panel, which is a
separate consent authority.
The Lane Cove Council Draft Managing Conflicts of Interests for Council-related Developments Policy has been
developed in accordance with the statutory requirements.
Have your Say
To have your say, please make a submission to the General Manager by quoting SU6840 by:-
Submissions must be received by 5pm Sunday 25 June 2023.
Related Documents
Draft Managing Conflicts of Interests for Council-related Developments Policy
The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023
Department Planning and Environment Explanatory Material
