12 July 2011
A new instrument of delegation, delegating some functions of the NSW Minister for Planning and Infrastructure to the Planning Assessment Commission has been gazetted.
It revokes the previous delegation which sent projects to the Planning Assessment Commission for a decision if a “reportable political donation” had been made, the development was in the electorate of the Minister, or the Minister had a pecuniary interest in the development.
Now, all relevant Part 3A ministerial powers have been vested in the Commission for all projects – irrespective of when the application is made. The main exclusion is for major infrastructure – where the proponent is a public authority.
However, there is an important limit to the role of the Commission. Where a condition of a proposed approval would require the Minister and a proponent to enter into a voluntary planning agreement, the Commission is obliged to consult the Minister. So, on these matters at least, the Minister still may have a role in saying “no” to a development proposal, even if the Commission was minded to say “yes”. This necessarily means that developers with projects before the Commission, involving a voluntary planning agreement with the Minister, would be well advised to acquaint the Minister with the details of their project at any early stage.
The official record of the delegation is here. Since the new arrangements began, 12 applications have been referred to the Planning Assessment Commission. Of these 12 applications, 10 are residential, retail, commercial or mixed use in nature including:
- a concept Plan for the redevelopment of Riverwood North – residential flat buildings up to nine storeys in height for 150 social housing units, and 500 units for private purchase;
- a modification of conditions of consent for redevelopment of existing Huskisson hotel site;
- a concept plan – a mixed use development, Christie Street, St Leonards;
- Montefiore concept plan and project application;
- Mobbs Lane Epping – residential redevelopment of the former channel 7 site, buildings 7 & 8;
- Ikea modification 4;
- Mobbs Lane Epping – residential redevelopment of the former channel 7 site Modification 2, buildings 4 & 7;
- 14-18 Boondah Road Warriewood modification 1 – modifications to the approved stage 1 project application including: deletion of the second basement level and provision of 474 car parking spaces within a single level basement and revised internal layout to Buildings A, B and C;
- Bloomfield concept plan approval – residential subdivision of the land and associated infrastructure;
- a concept plan for Treacy Street, Hurstville – mixed use retail and residential development with a height up to 16 storeys comprising retail floor space, 257 dwellings and car parking spaces.
Of these 10 applications, 2 have been approved, 1 determined, but the result of the determination is yet to appear on the PAC register. The balance of the applications (7), are yet to be determined.
Information on the Commission’s determinations may be accessed from here.
