Lismore Local Planning Panel

Overview

On 13 February 2023, amendments to the Environmental Planning & Assessment Regulation 2021 (EP&A Regulation) commenced, requiring a Local Planning Panel (LPP) to be constituted for the Lismore City Council local government area.

This is part of the Lismore Flood Recovery Planning Package, which has been designed by the NSW State Government to support flood recovery efforts.

Instruction of Constitution(PDF, 101KB)

Local planning panels enable independent experts and community representatives to make determinations on sensitive, complex or contentious Development Applications (DAs). They also provide advice to Council on rezoning proposals. 

The members

For each meeting the LLPP comprises four members as follows:

• A Chair;
• Two independent experts; and
• One community representative from the Lismore local government area.

The Minister for Planning appointed a pool of members to the LLPP based on a list of experts identified within the report to Council’s meeting of 14 February 2023 (see table below). Independent experts are required to have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism or government and public administration.

Community members ensure that local insights and knowledge are considered as part of the panel’s decision-making.

Local Planning Panel: The Council of the City of Lismore

Community representatives

• Roslyn Irwin
• David Tomlinson
• Barbara Rugendyke
• Teresa Dellagiacoma
• Ross Davies
• Bill Moorhouse
• Frank Swientek
• Richard Morrow

Councillors, mayors, real estate agents and property developers are not permitted to be on panels. Members must abide by a Code of Conduct for Local Planning Panel members(PDF, 242KB).

Referral criteria

The Minister for Planning has issued directions detailing the referral criteria and procedural requirements for local planning panels. These directions are available through the NSW Department of Planning and Environment’s website. The key triggers for referral to the Lismore Local Planning Panel (LLPP) are summarised below:

Conflict of Interest

Development for which the applicant or landowner is the Council, a Councillor, a member of Council’s Development Assessment staff, a member of Parliament, or a relative of the listed persons. Note: This criteria does not apply to certain minor development types; however, it does apply to footway dining where council is the landowner.

Managing Conflicts of Interest for Council-related Development Policy(PDF, 252KB)

Contentious development

Development that is the subject of 10 or more unique submissions by way of objection.

Departure from standards

Development that contravenes a development standard by more than 10%.

Sensitive development

• Designated development
• Development to which SEPP 65 applies
• Development involving the demolition of a heritage item
• Development for the purpose of new licenced premises that will require a club license, hotel (general bar) license or on-premises licenses
• Development for the purpose of sex services premises and restricted premises
• Development applications for which the developer has offered to enter into a planning agreement

Modification applications

• Modifications made under section 4.55 (2) of the Environmental Planning and Assessment Act 1979 (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 relating to conflict of interest, contentious development or departure from development standards.

• The function of determining applications to modify development consents made under Section 4.56 of the EP&A Act where the proposed modification is not of minimal environmental impact and the original development consent was granted by the Land and Environment Court of NSW after the development application to which the consent relates was determined by the Lismore  Local Planning Panel.

Planning proposals

A planning proposal to amend the Council’s Local Environmental Plan (LEP) must be referred to the Planning Panel, other than where it is determined by the General Manager that the proposal relates to:

     (a) the correction of an obvious error in a local environmental plan,

     (b) matters that are of a consequential, transitional, machinery or other minor nature, or

     (c) matters that Council's General Manager considers will not have any significant adverse impact on the environment or adjoining land.

The panel’s role is to provide advice to Council on the planning proposal, rather than to make a decision on behalf of Council.

It will be at the discretion of the chair as to whether a planning proposal requires a formal meeting of the panel, or whether the panel can discuss the matter and provide their advice via email.

Meeting dates

The panel will be convened as required by the Chair, in accordance with the policy and if there are sufficient applications/proposals to conduct a meeting. 

The meetings will be held during the day. The panel may elect to undertake site visits in the morning before the meeting commences.

Proposed meeting dates for 2023 are as follows (if required):

Wednesday, 14 June 2023

Wednesday, 28 June 2023

Wednesday, 26 July 2023

Wednesday, 23 August 2023

Wednesday, 27 September 2023

Wednesday, 25 October 2023

Wednesday, 22 November 2023

Minutes & agendas

To be uploaded seven days prior to meeting.

Meeting procedure

The panel is only required to hold a public meeting where the development application has attracted 10 or more unique submissions by way of objection. If a public meeting is not required to be held, the meeting will via Teams, which will be recorded and published on this web page.

Public meetings will be held at the Lismore City Council Corporate Centre, 43 Oliver Avenue, Goonellabah or via Teams and live streamed – as determined by the Chair.

The Chairperson will open the meeting and introduce the panel members. The order of items is set out in the agenda. This will be available seven (7) days prior to the meeting.

Applicants and objectors will be advised of the date concerning the application they have an interest in seven (7) days prior to the meeting. If an individual wishes to make representations to the Panel, the Public Access Form below will be required to be completed and returned to Council with a summary of matters to be presented to the Panel 48 hours prior to the scheduled meeting date. This information will be collated and forwarded to the Panel to review.

Application to Make Representation to the Lismore Local Planning Panel

As each item is referred to, objectors and or applicants are invited to speak. Questions may be asked by the Panel members.

Once all the representations have been made on each item, the Panel will then discuss the issues raised, consider the Assessment Officer's report and provide a Recommendation or Determination to Council.

There is no guarantee that the panel will adopt the recommendation of the Assessment Officer.

The Panel will make a decision on the day of the scheduled meeting and the decisions will be published on the Council website within 2-3 business days. The applicant and submitters will be advised by email.

The NSW Department of Planning Local Planning Panel Operational Procedures below assist in ensuring that panels meet their obligations in the most efficient and effective manner.

View the Local Planning Panel's Direction from 24 April 2023 - Operational procedures(PDF, 717KB). 

Panel Members Conflict, Pecuniary and Disclosure of Interest

Disclosure Forms Per Matter for Consideration

As required by the LPP Code of Conduct (August 2020) panel members are required to disclose known conflict or pecuniary interests associated with the matters they are to consider at any panel meeting. Prior to the meeting being conducted, panel members will complete relevant forms as prescribed by the NSW Department of Planning. These forms will then be tabled at the LPP meeting for Council to include in the online minutes of the meeting.

Written Disclosure of Interest Forms

Panel members are required to complete a disclosure of interest on the relevant forms as prescribed by the NSW Department of Planning on becoming a panel member and at 30 June each year.

These forms are required to be tabled at a planning panel meeting by the Chairperson and subsequently provided to Council to upload on its website with the exclusion of the panel members’ residential addresses.

FAQs

Can I address the panel at the meeting?

Yes, see application form above. With a view to discharging its responsibilities in a timely manner, the panel may, in its absolute discretion, but otherwise fairly and consistently, impose time limits on presentations by persons other than members of the panel. Where, there are a large number of objectors with a common interest at any public meeting, the panel may, in its absolute discretion, hear a representative of those persons.  A time limit of three minutes per person will be imposed. When speaking at the meeting:

• Address the Chair of the Panel
• Be concise, and emphasise your key points
• The Panel has a copy of your submission so there is no need to merely read out your written submission
• If someone has already spoken before you and you agree with their key points, say so, don’t repeat what they say
• Focus on how the proposed development might affect you, in your own words
• Sometimes proposed developments do not comply with certain planning rules such as the height of the building
• Rather than talking about this non-compliance, explain to the Panel, in your own words, how this will affect you
• Talk about what you would like the panel to do or how the development could be changed to address your concerns
• If you are part of a group with similar concerns get together before the meeting and work out who will say what so that you make the most of everyone’s three minutes
• Finally, be polite and respectful to the members of the Panel, other attendees and the council staff

A person wishing to speak against an application or proposal must have already lodged a written submission on the subject application OR must provide a written dot point summary (no longer than one A4 page) of the matters upon which they wish to address the Panel. 

How do I register my intention to address the panel?

Any person wishing to address the Panel must register their intention to do so with Council’s Business Support Co-ordinator before the meeting using the identified form 48 hours BEFORE the meeting (See application form above).

Can I request that an application be considered by the panel?

No. The legislation specifies what DAs are to be determined by the panel.

Can I contact my local councillors regarding a development application?

Yes; however legislation specifies which DAs are to be determined by the panel so Councillors cannot request that an application be referred to the panel.

If an application is being determined by the panel, there will be an opportunity for Councillors to address the panel at the public meeting.

Can I contact a representative on the panel?

No; panel members are not permitted to discuss any matter that is to be considered by the panel outside of the panel meeting.

Where will the panel meeting be held?

The public meeting will be held in the Council Corporate Centre, 43 Oliver Avenue, Goonellabah NSW or via Teams.