New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 2.23

2.23 Community participation plans--preparation

(1) A planning authority to which this Division applies is required to prepare a community participation plan about how and when it will undertake community participation when exercising relevant planning functions (subject to this section).

Note : Schedule 1 requires a proposed plan to be publicly exhibited for at least 28 days.

(2) A planning authority is to have regard to the following when preparing a community participation plan--

(a) The community has a right to be informed about planning matters that affect it.

(b) Planning authorities should encourage effective and on-going partnerships with the community to provide meaningful opportunities for community participation in planning.

(c) Planning information should be in plain language, easily accessible and in a form that facilitates community participation in planning.

(d) The community should be given opportunities to participate in strategic planning as early as possible to enable community views to be genuinely considered.

(e) Community participation should be inclusive and planning authorities should actively seek views that are representative of the community.

(f) Members of the community who are affected by proposed major development should be consulted by the proponent before an application for planning approval is made.

(g) Planning decisions should be made in an open and transparent way and the community should be provided with reasons for those decisions (including how community views have been taken into account).

(h) Community participation methods (and the reasons given for planning decisions) should be appropriate having regard to the significance and likely impact of the proposed development.

(3) For the purposes of this Division--

(a) a community participation plan prepared by the Planning Secretary applies to the exercise of relevant planning functions by the Minister, and

(b) a general community participation plan prepared by the Planning Secretary applies to the exercise of relevant planning functions by determining authorities under Division 5.1 (other than councils or prescribed public authorities), and

(c) the regulations may provide that the community participation plan of a planning authority applies to the exercise of relevant planning functions by another planning authority and that the other planning authority is not required to prepare its own community participation plan.

(4) A council need not prepare a separate community participation plan if it includes all the matters required under this section in its plan and strategies under the Local Government Act 1993 , section 402A.