Making a submission
Before you make a submission, please ensure you understand your rights and responsibilities as detailed in the next section.
Your personal information
You should be aware that any written submission received by Council will be kept on the draft item file which might be inspected by third parties at any time.
Council will accept no responsibility for defamatory or other similar matter included in submissions. Any such matter is included in the submission at the risk of the person making it.
Objectors have a right to remain anonymous if they so choose. However, should an objector need to substantiate their objections, anonymous objections may be given less weight in the overall consideration of the application.
Including your postal address or email address will ensure you are advised of the outcome of your submission.
Written submissions in respect of any application, quoting DA number and location will be accepted by Council until 4.30pm on the date specified in the right-hand column. Any submissions received will be considered on their merits in conjunction with the assessment of the application.
You should be aware that any written submission received by Council will be kept on the relevant application file which might be inspected by third parties at any time. Council will accept no responsibility for defamatory or other similar matter included in submissions. Any such matter is included in the submission at the risk of the person making it. Objectors have a right to remain anonymous if they so choose. However, should an objector need to substantiate their objections, anonymous objections may be given less weight in the overall consideration of the application. Alternatively, objectors may include their name and/or address in their submission but request the General Manager under Section 739 of the Local Government Act to ensure that any such material to be made available for public inspection, be prepared so as to omit the person’s place of living. Please note this is only available if the person considers the disclosure would place that person or a member of the person’s family at risk and must be supported by a Statutory Declaration to that effect. In the great majority of cases, Council is obliged by the requirements of the Government Information (Public Access) Act of 2009 to allow access to its files in respect of development applications/construction certificates even when the matter is the subject of litigation.
Council will not deal with the draft item until after the exhibition period has expired. Submissions will be taken into account in finalising the draft item. All submissions will receive notification after the process is complete and will be forwarded a copy of the finalised item.
If your submission is in relation to a development proposal or planning application please be aware of the NSW Government legislation requiring the public disclosure of donations or gifts.
Further information can be read here.
Disclosure of political donations and gifts when lodging or commenting on development proposals
As of 1 October 2008, NSW Government legislation now requires the public disclosure of donations or gifts when lodging or commenting on development proposals. This regulation is designed to improve the transparency of the planning system. The law introduces disclosure requirements for individuals or entities with a relevant financial interest as part of the lodgement of:
- various types of development proposals; or
- requests to initiate environmental planning instruments or development control plans.
These disclosure requirements apply at the time of lodgement and during assessment of any planning applications to council or the NSW Government. Disclosure requirements also apply to individuals or entities lodging submissions in objection or support to the above types of proposals. A person is required to disclose any reportable political donations and gifts (if any) made by any person with a financial interest in the application within the period commencing two years before the application is lodged and ending when the application is determined. This includes:
- all reportable political donations made to any local councilor of the council;
- all gifts made to any local councilor or employee of that council;
- a reportable political donation made to a local councilor or any local council includes any donation made at the time the person was a candidate for election to the council; and
- a relevant public submission means a written submission made by a person objecting to or supporting a planning application or and any development that would be authorised by the granting of the application.
How and when to make a disclosure
If you are required to make a disclosure of a reportable political donation or gift under the EP&A Act, the disclosure is to be made:
- In, or in a statement accompanying, the relevant planning application or submission if the donation or gift is made before the application or submission is made; or
- If the donation or gift is made afterwards, in a statement of the person to whom the relevant planning application or submission was made within seven days after the donation or gift is made.
Note: reportable political donations include those of or above $1000. A gift includes a gift of money or the provision of any other valuable thing or service for no consideration or inadequate consideration.
A person is guilty of an offence under section 125 of the Environmental Planning and Assessment Act 1979 in connection with the obligations under section 147 only if the person fails to make a disclosure of a political donation or gift in accordance with section 147 that the person knows, or ought reasonably to know, was made and is required to be disclosed under section 147. The maximum penalty for any such offence is the maximum penalty under Part 6 of the Election Funding and Disclosures Act 1981 for making a false statement in a declaration of disclosures lodged under that Part. Note: The maximum penalty is currently 200 penalty units (currently $22,000) or imprisonment for 12 months, or both. For further information, refer to the Department of Planning Circular PS 08_009.
How to view the register of disclosures
Council maintains a register of reportable political donations and gifts when lodging or commenting on development proposals. Arrangements to view the register can be made by calling Council’s Governance Officer on 02 6660 0300. Register of declarations for disclosure of political donations by Councilors is lodged with the Election Funding Authority and is available here.
Should you have any further enquiries in this matter, please contact Council’s Development Assessment Group on 02 6660 0300.