Corrs In Brief: ICACs call for reform to the Part 3A Regime

The Independent Commission Against Corruption (ICAC) has recommended changes to how major planning decisions are handled in New South Wales to mitigate potential corruption risks associated with the Part 3A planning powers held by the Minister for Planning.

The recommendations are a result of a joint taskforce with the NSW Department of Planning, from which the ICAC produced a report titled ‘The exercise of discretion under Part 3A of the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policy (Major Development) 2005’ dated 13 December 2010.

Broadly, the ICAC ’s recommendations are focussed on:

• Enhancing the role and strengthening the powers and discretion of the Planning and Assessment Commission (PAC) which has to date had a comparatively limited role in the Part 3A development assessment process; and

• Limiting the powers of the Minister to call in and/or determine major projects that exceed certain development standards, such as FSR or height controls.