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Applications Determined by the Panel

1. Development for which the applicant or land owner is:

  1. the council,
  2. a councillor,
  3. a member of council staff who is principally involved in the exercise of council's functions under the Environmental Planning and Assessment Act 1979,
  4. a member of Parliament (either the Parliament of New South Wales or Parliament of the Commonwealth), or
  5. a relative (within the meaning of the Local Government Act 1993) of a person referred to in (b) to (d).

but not development for the following purposes:

  1. internal alterations and additions to any building that is not a heritage item,
  2. advertising signage,
  3. maintenance and restoration of a heritage item, or
  4. minor building structures projecting from the building facade over public land (such as awnings, verandas, bay windows, flagpoles, pipes and services, and sun shading devices).

2. Contentious development (Subject to determination at a Public Meeting)

Development that:

  1. in the case of a council having an approved submissions policy - is the subject of the number of submissions set by that policy, or
  2. in any other case - is the subject of 10 or more unique submissions by way of objection. (Note: A petition or pro forma letter is counted as one objection for the purpose of this criteria. Each objection needs to be unique.)

3. Departure from development standards

  1. Development that contravenes a development standard imposed by an environmental planning instrument by more than 10% or non-numerical development standards.

4. Sensitive development

  1. Designated development.
  2. Development to which State Environmental Planning Policy (Housing) 2021, Chapter 4 (Design of residential apartment development) applies and is 4 or more storeys in height.
  3. Development involving the demolition of a heritage item.
  4. Development for the purposes of new licenced premises, that will require one of the following liquor licences:
  1. a club licence under the Registered Clubs Act 1976,
  2. a hotel (general bar) licence under the Liquor Act 2007, or
  3. an on-premises licence for public entertainment venues under the Liquor Act 2007.

5. Modifications to Development Consents

Local planning panels are to determine applications under section 4.55(2) of the Act for the modification of development consents granted by the panel that:

  • propose amendments to a condition of development consent recommended in the council assessment report but which was amended by the panel, or
  • propose amendments to a condition of development consent that was not included in the council assessment report but which was added by the panel, or
  • meet the criteria for development applications set out in the Schedules to this direction relating to conflict of interest, contentious development or departure from development standards.

6. Development for the purpose of sex services premises and restricted premises.

7. Development applications for which the developer has offered to enter into a planning agreement.