What we do
Before the Commission considers any State significant development (SSD) application, the Department of Planning, Housing and Infrastructure (DPHI) will conduct a whole-of-government assessment of the application on behalf of the Commission.
Once the SSD application is assessed by the DPHI and provided to the Commission for decision, the Chair of the Commission will appoint a Panel of between one and three Commissioners, that will determine each application based on its individual merits through an open and transparent process. This will include the Commission:
- typically holding stakeholder meetings with the applicant, DPHI and the local council
- holding a public meeting where appropriate, or a public hearing if directed by the Minister
- taking and considering written public submissions where appropriate
- making a determination based on legislation and policy to either refuse or approve the development application
- publishing a Statement of Reasons explaining the reasons for the decision.
The Commission provides advice to the Minister for Planning and Public Spaces or the Planning Secretary on any planning-related matter on which the Minister or the Secretary requests advice. The Commission routinely provides advice to the Secretary to conduct reviews of rezoning-related Gateway determinations.
The Commission has a role in providing advice to the Minister when the Minister proposes to “call-in” a specific development and declare it to be a State significant development. In relation to certain residential developments, the Commission has delegated this advisory function to the Housing Delivery Authority, which exercises this advisory function on the Commission’s behalf.
When requested by the Minister, the Commission will hold a public hearing into a planning-related matter.
The Mining and Petroleum Gateway Panel is a subcommittee of the Commission that reviews proposals for mining and petroleum developments on strategic agricultural land and issues Gateway certificates.
When requested by the Minister, the Commission can undertake any function of a Sydney district or regional planning panel or a local planning panel.
The Commission can undertake any function under the Environmental Planning and Assessment Act 1979 delegated to the Commission, and any other function conferred or imposed on it under that or any other act (including the Heritage Act 1977).
What we don’t do
The Commission has no policy-making function. The scope of our decision-making is bound by legislation and guided by government policy.
The Commission’s determination only relates to the proposed use of the relevant land – it does not involve the Commission making any decisions regarding the proposed user of the relevant land. This means that we do not have a role in considering whether an applicant is a ‘fit and proper person’.
For certain types of development under consideration by the Commission, other approvals, granted by other agencies, must also be obtained by an applicant in order to carry out the proposed use. For some of those other approvals, including mining leases and environment protection licences, the grantor must consider whether the applicant is ‘a fit and proper person’.
Whole-of-government assessments are done by the Planning Secretary on behalf of the Commission. This arrangement is recognised by the Minister in the Statement of Expectations for the Commission and is governed by a Memorandum of Understanding (MoU) between the Commission and the Department of Planning, Housing and Infrastructure.
The Commission will only impose conditions that it considers are enforceable, however the Commission has no role in enforcing conditions of consent.