IHAP details require input
The Property Council has raised two issues relating to the implementation of IHAPs across metropolitan Sydney and the Illawarra with the Minister for Planning.
The issues relate to the capacity of councillors to summarily dismiss members of an IHAP and the lack of timeframes within which council must refer a matter to an IHAP.
As drafted, the new legislation gives councillors the power to resolve to remove any local panel member, including the chairperson. This creates two major risks. Firstly, it is likely to reduce the number of appropriately qualified potential panel members seeking to apply to be part of an IHAP given the potential reputational risk should such a dismissal occur. Secondly, there is a real and appreciable risk that the independence of an IHAP could be undermined – or its members dismissed – for no other reason than the elected councillors disagree with its decisions on political rather than meritorious grounds.
In relation to timeframes, we are concerned that as the legislation is silent on the amount of time within which a matter must be referred to an IHAP, a recalcitrant council might seek to stymie a particular development that it no longer has a direct opportunity to refuse by simply not referring it to an IHAP for consideration. This would obviously be an unacceptable outcome.
If members are aware of any instances of either problem, we would ask that you get in touch and bring them to our attention.