Decision Maker: Council
Decision status: Recommendations Determined
Original motion moved by Councillor Scott,
seconded by Councillor Thalis -
It is resolved that:
(A) Council note that:
(i)
councils
in NSW have an important role in land use planning and development approval;
(ii)
councils
assess local development and are able to grant approval, with or without
conditions, or refuse an application for development. Local planning controls
regulate densities, height, external design and siting, building materials,
open space provisions, and the level of developer contribution required to
cover physical and/or community infrastructure costs arising from the proposed
development;
(iii)
in 2020
NSW Minister for Energy and Environment Matt Kean likened allowing property
developers to be elected as local councillors to “putting Dracula in charge of
the bloodbank” due to the planning decisions taken by
councils;
(iv)
in 2017
the City of Sydney put forward a motion to the Local Government NSW (LGNSW)
annual conference that LGNSW adopt a policy which prohibits property developers
from holding office as local councillors in NSW;
(v)
property
developers have an innate bias in planning decisions and allowing them to serve
as local councillors erodes the ability of councils to make independent
decisions on planning matters;
(vi)
on 22
June 2021 the NSW Legislative Council amended the Local Government Amendment
(Elections) Bill 2021 to include a ban on property developers from holding
office as local government Councillors, with “property developer” having the
same meaning as “property developer” in the NSW Electoral Funding Act;
(vii)
this
bill now awaits consideration by the NSW Legislative Assembly with concerns
that the government may amend the bill to remove the ban on property developers
holding office as local councillors;
(B)
Council
oppose those working as, or close associates of, property developers running to
be elected to the City of Sydney Council (property developer and close
associate are as defined in the Electoral Funding Act 2018); and
(C)
the
Lord Mayor be requested to:
(i)
submit
this motion in support of the adoption of a policy which prohibits property developers
from holding office as local councillors in NSW to the LGNSW conference for
consideration; and
(ii)
write
to the NSW Premier, NSW Opposition Leader, NSW Local Government Minister, NSW
Shadow Local Government Minister, and NSW Members for Sydney, Wagga Wagga and
Lake Macquarie seeking their commitment to oppose any attempt to amend the
Local Government Amendment (Elections) Bill 2021 to remove the ban on
prohibiting property developers from holding office as local councillors in
NSW.
The
motion, as varied by consent, was carried unanimously.
S129266
Report author: Erin Cashman
Publication date: 09/08/2021
Date of decision: 09/08/2021
Decided at meeting: 09/08/2021 - Council
Accompanying Documents: