Woollahra Local Planning Panel (WLPP)

WLPP Meetings

Woollahra Local Planning Panel (WLPP) will be holding Panel meetings using conferencing technology.

In light of changes announced by the Department of Planning, the running of the Woollahra Local Planning Panels has changed. 

WLPP meetings are broken up into two meeting types being:

  • Public Meeting (Panel members, staff and members of public); and
  • Electronic Meeting (Panel members and staff only).

Meetings are held on the same day, commencing at 1.00pm on the Thursday for the public meeting, and the electronic meetings will then commence at the conclusion of the public meeting.  Please see the upcoming meetings calendar for meeting dates.

The Panel will continue to hear oral submissions from residents and application and objectors in the same way as previously for Public Meetings and then the Panel will then move to discuss the matters (in confidential session).

At the conclusion of the public meeting (and the decision making process), the Panel will then consider the matters on the electronic meeting agenda. Noting that members of the public are unable to address the Panel in relation to the matters on the electronic meeting agenda, however are still able to submit late correspondence for the Panels consideration.

 

 

Please read the disclaimer

By using conferencing technology or by teleconference, listening and/or speaking at WLPP (Public meetings), members of the public consent to their voice and personal information (including name and address) being recorded and publicly available on Council’s website.

By addressing and/or listening to a WLPP meeting, members of the public consent to their voice and personal information (including name and address) being recorded and publicly available on Council’s website. Accordingly, please ensure your address to Council is respectful and that you use appropriate language and refrain from making any defamatory statements or discriminatory comments.

Woollahra Council does not accept any liability for statements, comments or actions taken by individuals during a WLPP meeting. Any part of the meeting that is held in closed session will not be recorded.

People connecting to this meeting by conferencing technology or teleconference are reminded that under the Local Government Act 1993, the recording of meetings by a member of the public using any electronic recording device including a mobile phone or video camera is not permitted. Any person found recording without the permission of Council may be expelled from the meeting.

An audio recording of the meeting will be uploaded onto Council’s website by 5.00pm on the next business day. The audio recording of each meeting will be retained on Council’s website for a minimum period of 6 months. After that period has passed, recordings of meetings may be disposed of in accordance with the State Records Act 1998.


What is the Woollahra Local Planning Panel (WLPP)?

In 2017 the NSW Government introduced legislation requiring all councils in the Greater Sydney Region and Wollongong to have Local Planning Panels (LPPs) in place by 1 March 2018.

The principal function of the WLPP is to determine local development applications (DAs) that fall within the following categories: conflict of interest, contentious development, departure from development standards, sensitive development.

The WLPP also provides advice to Council on planning proposals and other matters.

The WLPP is an independent assessment body and is not subject to the instruction or control of Council, except on matters relating operational procedure and matters set out in directions issued by the Minister under the Environmental Planning and Assessment (EP&A) Act 1979.

What role will Councillors have?

The function of Council as a consent authority for DAs is no longer exercisable by the Councillors.

Many of the DAs previously determined by Council's Development Control Committee (DCC) will be determined by the WLPP instead. The last DCC meeting was held on Monday 19 February 2018, and the first meeting of the WLPP was held on 26 March 2018.

Categories of DAs the WLPP will determine

The following list is a summary of the categories of DAs that the WLPP will be responsible for determining; as set out by the Minister for Planning in February 2018.

  • Conflict of interest – development for which the applicant or landowner is: the Council, a Councillor, a member of staff who is principally involved in the exercise of Council’s functions under the EP&A Act, a member of Parliament, or a relative of one of the above.
  • Contentious development – DAs that receive 10 or more unique objections from different households.
  • Departure from development standards – development that contravenes a development standard imposed by a planning instrument by more than 10% or non-numerical development standards.
  • Designated development.
  • Residential flat building, where State Environmental Planning Policy No. 65 (SEPP 65) is applicable.
  • Demolition of a heritage item.
  • Development for the purposes of new premises that will require: a club licence or a hotel (general bar) licence or an on–premises licence for public entertainment venues.
  • Development for the purpose of sex services premises and restricted premises.
  • DAs for which the developer has offered to enter into a planning agreement.

For more information, refer to the Ministerial Direction.

WLPP advisory role in relation to planning proposals and other matters

Although the principal function of the WLPP is to determine certain types of DAs, the panel will also provide advice to Council on planning proposals (i.e. amendments to the Woollahra Local Environmental Plan 2014 such as rezonings) and any other planning or development matter that Council refers to the panel.

On 28 February 2018, the Minister for Planning approved a direction stating that all planning proposals made after 1 June 2018 must be referred to a WLPP for advice unless the general manager of a council determines it relates to the correction of an error, is minor in nature or will not have any significant adverse impact on the environment or adjoining land.

WLPP Code of Conduct and Operational Procedures

In undertaking their duties, the Panel members must comply with the Code of Conduct for Local Planning Panel Members and the Operational Procedures as adopted by the Panel.

Code of Conduct

The behaviour and standards of Panel members are governed by the Code of Conduct for Local Planning Panel Members which has been prepared by the NSW Government and approved by the Minister for Planning under the EP&A Act, under clause 28 of Schedule 2 of the Act.

The Code of Conduct sets out the expected standard of behaviour required of panel members, including managing conflicts of interest and reporting any approaches from developers. It is a key tool in minimising corruption risk in the determination of DAs, and providing advice to Council on planning proposals and other matters.

Failure by a panel member to comply with the Code of Conduct is the responsibility of Council to address. In cases of serious breaches, Council has the option to remove a panel member from office.

Woollahra Local Planning Panel - Code of Conduct for Planning Panel Members(PDF, 629KB)

Operational Procedures

The EP&A Act sets out the key requirements for how the WLPP must operate. For example, a notice must be published detailing the time and location of meetings, the panel must conduct its meetings in public and give written reasons for its decisions.

The operational procedures help to ensure that the WLPP meets its obligations in the most efficient and effective manner.

The Woollahra Operational Procedures were adopted on 26 March 2018. The Operational Procedures detail how the WLPP will operate and incorporate:

  • Procedural requirements contained in Schedule 2 of the EP&A Act
  • Requirements contained in the Local Planning Panels Direction – Operational Procedures issued by the NSW Minister for Planning under section 9.1 of the EP&A Act (noting for ease of reference these have been incorporated into the Operational Procedures in blue font) and
  • Specific arrangements for the operation of the WLPP as discussed with the WLPP Chair, Ms Annelise Tuor.

The Operational Procedures have been developed to ensure that public participation is a key component of the public meeting and to promote open and transparent governance. The procedures cover a range of matters including the meeting procedures (which set out requirements for providing public notice of meetings, how to address the panel, and deliberation and voting).

Woollahra Local Planning Panel - Operational Procedures(PDF, 347KB)

Panel composition

The WLPP comprises four (4) voting members:

  • One (1) Chair
  • Two (2) Independent Expert members
  • One (1) Community Representative member (representing all five wards across the whole municipality at the WLPP meeting).

The EP&A Act sets out the membership requirements of the LPPs. The positions on the panel are paid positions and members are appointed on a part-time basis for three years. The Panel composition was considered last by Council on 28 June 2021.

Expert panel members

The Chair and the two expert members must be qualified in at least one of the following areas: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism, or government and public administration. The Chair must have expertise in at least law or government and public administration.

The Chair is appointed by the Minister.

The other expert panel members (and alternates) have been appointed by Council from a pool of potential panel members approved by the Minister for Planning.

For each meeting, one Chair and two expert members are appointed.

Community representative panel members

The fourth panel member is a community representative chosen by Council, but cannot be a Councillor.

The community representatives must have knowledge of the area, be able to demonstrate an understanding of the planning process and assessment issues, and be able to represent and communicate the interests of the local community.

The selected community representative represents all five wards across the whole municipality at the WLPP meeting.

Panel members

Woollahra Local Planning Panel (WLPP) members are:

  • Chair - one (1) member appointed
    • Penelope Holloway - Chair
    • Adam Seton - Alternate Chair
    • David Ryan - Alternate Chair
  • Expert members - two (2) members appointed
    • Peter Brennan
    • Judith (Judy) Clark 
    • Megan Jones
    • Oliver Klein
    • Lee Kosnetter
    • Larissa Ozog
    • Sandra Robinson
    • Heather Wharton
  • Community representatives - one (1) member appointed
    • Kenneth Raphael
    • Ronald Schaffer
    • Malcolm Young 

Meeting details and procedure

The Woollahra Local Planning Panel (WLPP) will be holding Panel meetings using conferencing technology (until further notice).

The NSW Government made changes to the way Local Planning Panels work to make them more efficient and to improve the assessment and determination times of development applications.

The changes are enacted to speed up Panel determinations by:

  • reducing the need to conduct public panel meetings for non-contentious matters by applying a ‘10-or-more’ objection trigger for public meetings;
  • reducing the amount of modifications going to panels;
  • obliging panel chairs to more actively manage development applications (DAs) coming to the panels to reduce panel deferrals and assessment timeframes;
  • allowing chairs to bring forward determination on DAs that are experiencing unreasonable delays of over 180 days from lodgement; and
  • introducing panel performance measures.

Further information regarding these changes and Frequently Asked Questions is available at Planning NSW.

WLPP meetings will from now on be broken up into two meeting types being:

  • Public Meeting (Panel members, staff and members of public); and
  • Electronic Meeting (Panel members and staff only).

Meetings will then be held on the same day, commencing at 1.00pm on the Thursday for the public meeting, and the electronic meetings will then commence at the conclusion of the public meeting.

The Panel will continue to hear oral submissions from residents, applicants and objectors in the same way as previously for Public Meetings and then the Panel will then move to discuss the matters (in confidential session).

At the conclusion of the public meeting (and the decision making process), the Panel will then consider the matters on the electronic meeting agenda. Noting that members of the public are unable to address the Panel in relation to the matters on the electronic meeting agenda, however are still able to submit late correspondence for the Panel's consideration.

For Public Meetings

Members of the public are invited to listen to the meeting live to the Public Meetings, address the Panel by teleconference and/or submit late correspondence.

Please follow these important instructions below:

To listen to the meeting live (register by 12noon on the day before the meeting)

  • Register to listen to the meeting live by 12noon on the day before the meeting by emailing your name, phone number, email address, the item you are interested in and whether you are the Applicant/Objector/Supporter to records@woollahra.nsw.gov.au.
  • Please note: No late registrations can be accepted. You will receive an email on the day of the meeting providing you contact details to connect to the teleconference.

To register to speak at the meeting (register by 12noon on the day before the meeting)

To submit late correspondence (submit by 12noon on the day before the meeting)

  • Members of the public are invited to submit late correspondence on an agenda item being considered at the WLPP Meeting. If you wish to make a written submission on an Item on the Agenda, please email your submission to records@woollahra.nsw.gov.au

To listen to a recording of the meeting (post-meeting)

  • Audio recording of the meeting will be uploaded to Council’s website (by 5.00pm the next business day).
  • For further information please contact the Governance team on (02) 9391 7001.

For Electronic Meetings

Members of the public may submit late correspondence for consideration by the Panel.

To submit late correspondence (submit by 12noon on the day before the meeting)

  • Members of the public are invited to submit late correspondence on an agenda item being considered at the WLPP Meeting. If you wish to make a written submission on an Item on the Agenda, please email your submission to records@woollahra.nsw.gov.au

Meeting frequency

Meetings are held on the first and third Thursday of each month commencing at 1pm at Woollahra Council, 536 New South Head Road, Double Bay. Check the upcoming meetings calendar for current and future dates.

Applicants and people who make a submission will be notified if an item is being heard by the panel. The panel may elect to undertake site visits in the morning prior to the public meetings commence.

Applicants, people who have made a submission and other interest people can address the panel and submit late correspondence for consideration by the panel. Please refer to the details below for further information.

Late correspondence

Late correspondence may be submitted for by the WLPP.

Late correspondence must be submitted to Council by 12noon on the Wednesday before the meeting via email to records@woollahra.nsw.gov.au.

Quorum and Voting

The four (4) voting members for each agenda item at the panel meeting will be selected by the Chair from the pool of panel members appointed to the WLPP.

The quorum for a panel meeting is three (3) members.

A decision supported by a majority of the votes cast at a meeting of a WLPP (at which a quorum is present) is the decision of the panel.

The Panel Chair has a deliberative vote and, in the event of tied votes, the Chair has a second or casting vote.

Agendas, Audio Recordings and Minutes

The agenda and individual reports for each meeting are available from Thursday afternoon before the meeting from the following locations:

Limited copies of the agenda will also be available at the meeting. Minutes will be available three business days after the meeting.

Enquiries

Further information may be obtained by contacting Council's Governance Department on 9391 7015 or 9391 7910.