The
Independent Commission Against Corruption (ICAC) has recommended that the
Premier consider amending the State’s Election Funding Act so development
applicants to the Minister for Planning are required to declare any political
donations they have made to the Minister or his/her party.
The
ICAC’s Corruption risks in NSW development approval processes position paper,
released today, also recommends that councillors step aside from participating
in decisions on development applications that involve donors.
The
paper contains 24 recommendations in all, including one that the Minister for
Planning consider making it a requirement that councils give reasons for all
decisions on development applications, including decisions to approve applications,
and that individual councils implement systems to record how councillors vote
on development matters.
It
also recommends that the Minister for Planning considers extending third-party
merit appeal rights to certain categories of currently non-designated
development, including those relying on significant SEPP 1 objections (the
state planning policy relating to flexibility in development standards), those
where council is both the applicant and consent authority, and major and
controversial developments such as large residential flat buildings.
The
ICAC Commissioner, the Hon Jerrold Cripps QC, said the position paper is the
result of a broad consultative process with the NSW planning sector, including
state and local government, which was generated by a discussion paper on
planning reform released by the ICAC in late 2005.
“The
discussion paper raised several aspects of the NSW development approval process
and questioned whether some of them might pose a corruption risk,” Commissioner
Cripps said.
“The
ICAC received 187 submissions from a wide range of individuals, agencies and
organisations, which were considered in the formulation of these
recommendations. While several options for reform have been identified and
recommended in the position paper, it is important to remember that the ICAC is
not claiming to have identified major corruption issues throughout the NSW
planning sector, but rather is keen to assist the sector about ways in which it
can minimise the risk of corruption in the first place.”
Other
recommendations include that:
·
The Department of Local Government, in conjunction with relevant agencies and
organisations, provides training for councillors on planning matters and
corruption awareness
·
Councils disposing of their own land consider using a competitive process for
the sale of valuable land, or in the absence of that process, consider at least
two valuations based on the land’s ‘highest and best use’; councils should also
clearly identify their reasons if they decide to dispose of land at below
market price for strategic purposes
·
Individual councils consider measures to address the risk of inappropriate
relationships forming between council officers and frequent applicants, which
could include allocating development assessments from frequent applicants to
different staff or using a random auditing system for development matters.
“Development
practice can have a far-reaching affect on the whole community, and the ICAC
would like to thank all the individuals and organisations who contributed
submissions to the discussion paper,” Commissioner Cripps said.
“Seventeen
per cent of the complaints that the ICAC receives relate to planning, and 28%
of all requests for corruption prevention advice concerning planning matters.
The recommendations in this position paper will therefore encourage continued
improvements to the management of corruption risks in the development approval
process.”
Corruption risks in the NSW development approval
processes