Code of Conduct

On 26 February 2007 the Minister for Urban Development and Planning adopted, by Gazette Notice, a Code of Conduct to be observed by:

  • Members of the Development Assessment Commission (DAC)
  • Members of Regional Development Assessment Panels
  • Members of Council Development Assessment Panels, and
  • delegates.

The Code is available here: 

The Code is binding on all DAC members, panel members and delegates exercising their powers and functions as members of a panel or as a delegate.

Background

From 26 February 2007 new provisions apply to a council’s assessment of applications for provisional development plan consent ('planning consent'). These new provisions were inserted into the Development Act 1993 by the Development (Panels) Amendment Act 2006.

Section 34(23) of the Development Act 1993 now states that a council must delegate its powers and functions as a relevant authority with respect to determining whether or not to grant provisional development plan consent under the Act to –

a) its council development assessment panel*; or
b) a council officer (but not an elected member); or
c) a regional development assessment panel (if one exists).

[*For information about changed requirements regarding the composition of council development assessment panels as of 26 February 2007 see our Development (Panels) Amendment Act 2006 page] 

A council cannot determine an application for provisional development plan consent in its own right unless the Minister for Urban Development and Planning has granted an exemption from the Act’s requirements to establish a council development assessment panel (a small number of rural councils have been granted exemptions).

There are no changes to the ability of a council or a private certifier of building work to grant a provisional building rules consent.

The council will continue to be the responsible body for granting final development approval.

As was the case before the changes outlined above, work must not commence until a development approval has been granted.

In accordance with section 21A of the Development Act 1993 the Minister has adopted a Code of Conduct for members of the Development Assessment Commission, members of council development assessment panels and delegates. The code will also apply to members of a regional development assessment panel if/once such a panel is established by regulatory amendment.