About this policy
New requirements have been introduced into the Environmental Planning and Assessment Regulation 2021 (on 3 April 2023) by the NSW State Government and the Department of Planning and Environment (DPE) to address conflicts of interest in council related development.
Part of these requirements is that Councils must adopt a policy that specifies how conflicts of interest in connection with council-related development applications will be handled.
What will change?
Council is generally the development regulator within its local government area. Council can also be the developer, landowner or hold a commercial interest in the land or a development that Council regulates. Where Council has this dual role, an inherent conflict can arise between Council’s interests in the development and Council’s duty as regulator.
This Policy is aiming to identify these conflicts of interest and find ways to address them in very early stage of the development to enhance the good governance.
Council related developments are defined as:
a development application, for which a council is the consent authority, that is—
(a) made by or on behalf of the council, or
(b) for development on 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.
In accordance with Schedule 1 Part 1 Division 2 Section 9B of the Environmental Planning and Assessment Act 1979, Council invites community and stakeholder input prior to Council finalise the Policy.
This policy is on public exhibition below from 21 April until 5.00pm, 22 May 2023.
Conflict of Interest Policy for Council Related Development(PDF, 116KB)
Council will receive submissions until 5pm 22 May 2023.
Please be advised that submissions are not confidential and that either the issues raised in the submission, or the entire submission may be accessed by any member of the public. A person who makes a submission may also need to disclose reportable political donations and gifts made to a Councillor or employee of Council, as required by the Environmental Planning and Assessment Act 1979.
Should you require further clarification of this matter, please contact Gayan Wickramasinghe on T: 02 6036 0100.