The Independent Planning Commission NSW recognises the importance of encouraging and promoting greater community participation throughout the planning system to achieving better outcomes for the people of NSW. Community engagement and participation is an all-encompassing term which covers how we engage the community in our work under the Environmental Planning and Assessment Act 1979, including when we make decisions on major development applications.
Our Community Participation Plan (CPP) sets out clearly when and how you can participate in our processes, including when we make decisions on major development applications. The CPP also establishes our community participation objectives which we use to guide our approach to community engagement.
Our CPP is a requirement of the Act (see Division 2.6 and Schedule 1 of the EP&A Act) which applies to the exercise of planning functions by all NSW planning authorities, including the Commission. We will review our CPP periodically or as required under the Act.
A public meeting provides an opportunity for the Commission to hear public views on the Department's assessment report as part of its determination process for State significant development applications.
There is no statutory requirement for the Commission to hold a public meeting before determining an application. The considerations that will guide the Commission in relation to the holding of a public meeting before making a decision on an application are set out in the attached guidelines.
The public meeting does not affect appeal rights under the Environmental Planning and Assessment Act (EP&A Act).
The Commission reserves the right to cancel or postpone a public meeting without prior notice at its discretion, including on the advertised day of the public meeting. Where a public meeting is postponed or cancelled, the Commission will publish a statement to this effect on its website as soon as is reasonably practicable after the decision to postpone or cancel the public meeting has been made.
A public hearing is only held if a formal request is made by the Minister for Planning and Public Spaces. If such a request is made, the Commission must hold a public hearing, it is not discretionary.
The Commission has powers to require certain people to attend the public hearing and to give evidence.
When the Commission, at the request of the Minister, holds a public hearing in relation to a state significant development application for which it is the consent authority, merit appeal rights in respect of any future decision on that application are extinguished. See ‘Merit appeal rights’ below.
Given the effect of a public hearing on the merit appeal rights of the applicant and objectors, a public hearing will also involve the Panel seeking to address issues within the public hearing – for example, asking clarification and related questions of the applicant, Department and others throughout the public hearing and at its close.
A public hearing held by the Commission affects merit appeal rights for both the applicant and objectors.
After a public hearing, no merit appeal may be brought under Division 8.3 of the EP&A Act, in respect of any future decision made by the Commission as consent authority under the EP&A Act in relation to the carrying out of any development that is the subject of this public hearing. See Division 8.3 of the EP&A Act for more details.
When determining a sate significant development application or carrying out any of its other functions, the Commission may choose to undertake a site inspection or locality tour. There is no statutory requirement for the Commission to do so.
The purpose of the site inspection and/or locality tour is to assist a Commission panel understand the physical attributes of the project site and its locality.
The Chair of the panel appointed to a matter will decide whether a site inspection and/or locality tour are warranted and who should attend and observe. Neither is a forum for those present to make comments and/or submissions to the Commission.
Presentations, submissions, comments and notes provided to the Commission may be made publicly available on the Commission’s website. See 'Privacy', below, for more information.
Written material of a confidential nature will also be withheld from the website, where this has been requested.
Receipt of written material commenting on designated Additional Material
The Commission may receive material (Additional Material) after the deadline for public comment has elapsed (for example, the deadline for public comment following a public meeting). Where the Commission determines that Additional Material contains substantive new information upon which the Commission would be assisted by public comment, the Commission will (1) publish the Additional Material on the Commission’s website and (2) indicate the period for which public written submissions or comments will be accepted in respect of that Additional Material. The period for comment on the Additional Material will usually be one week (seven days) following the publication of the Additional Material on the website.
It is important to note that just because material is published on the Commission’s website does not mean that the Commission will receive or take into account submissions about that material. Comments will only be considered where the Commission has indicated that comments are invited in respect of particular material, and has provided a time within which such material will be received. Comments received after the expiration of the stated deadline will not be considered.
The Independent Planning Commission has adopted a policy governing record keeping for its meetings. To access this policy, please click on the link below.
From 1 March 2018, the Commission is legally required to make record a meeting conducted in public. To satisfy this legal obligation, the Commission will make an audio recording of any public meeting, and publish a written transcription on this website.
The work of the Independent Planning Commission is often complex and contentious. The Commission is committed to sound governance and management of personal interests. In addition to the Commission's Code Of Conduct, the Commission has adopted policies governing the management of personal interests and conflict of interest matters. To access these policies, please click on the links below.
Section 147(3) of the Environmental Planning and Assessment Act 1979 requires a submitter who makes a public submission to the Minister in relation to an application to disclose all reportable political donations to anyone by the submitter or any associate of the submitter. The relevant period for disclosure is two (2) years before the submission is made.
The Political Donations and Gifts Disclosure Statement Form is available here.
When you deal with the Commission, your personal information is protected under the Privacy and Personal Information Protection Act 1998. Your personal information relates to you personally and includes any information or opinion made about you. Personal information includes your name, address, phone number, email address or any information from which your identity can be reasonably ascertained.
The Commission's Privacy Statement explains the way we obtain and use your personal information. This Statement covers all members of the public that submit information to us, applicants and proponents, as well as anyone else that engages with us. This Statement has been prepared in accordance with the Department of Planning, Industry and Environment's Privacy Management Plan (2017).
What you should know before sending written correspondence to the Independent Planning Commission:
Further details of the Commission's handling of complaints are set out in the Complaints Management Policy.
Much of the information held by the Commission is available on our website, including the following:
Other information will be made available on request and there may be a charge attached.
The Commission routinely reviews its policies and procedures. We are currently reviewing our Access To Information policy.
If you want to make a formal application for information, please fill out the Access To Information Request Form and return it to the Commission with your application fee.