BACKGROUND

At the Ordinary Meeting of Council held on Wednesday 13 December 2023, Council identified a number of cost saving initiatives to assist in funding its Pathway to Sustainability. One of these initiatives included a reduction in the number of items that Council regularly publishes in print media (newspapers).

In response to this initiative, Council has undertaken a review of Bathurst Regional Community Participation Plan 2019 (CPP 2019).

COMMUNITY PARTICIPATION PLAN (CPP)

Council is required by Division 2.6 of the Environmental Planning and Assessment Act 1979 (EP&A Act) to prepare and maintain a Community Participation Plan (CPP). The CPP must meet the minimum mandatory requirements for community participation, as outlined under Schedule 1 of the EP&A Act.

The CPP is a strategic planning document that identifies how and when Council will engage with the Bathurst community whilst undertaking its relevant planning functions. The document reflects the whole of organisation approach to community engagement, as established under Council’s Community Engagement Strategy, however, it does not extend to the other non-planning related functions of Council.

Importantly, the CPP identifies:

• The types of Development Applications that will be placed on public exhibition and/or notification, how those applications will be exhibited/notified, who will receive notification and the period over which that exhibition/notification will take place.
• The types of Strategic Planning projects (e.g. Land Use Strategies/Studies, Local Environmental Plans, Development Control Plans, Development Contributions Plans, Local Strategic Planning Statement, Community Participation Plans and Master Plans) that will be placed on public exhibition, how those projects will be exhibited, how the community will be engaged and the period over which that exhibition will take place.
• Local stakeholder groups with key interests in certain types of Development Applications or Strategic Planning Projects and Council’s associated notification/engagement procedures.
• Other Planning Documents (e.g. Planning Agreements) that will be placed on public exhibition, how they will be exhibited and the period over which that exhibition will take place.
• How public submissions will be received, analysed, shared and processed in Council’s decision making in relation to Development Applications, Strategic Planning Projects and other Planning Documents.

A copy of the current adopted version of Bathurst Regional Community Participation Plan 2019 (Am 2) is available on Council’s website:

https://www.bathurst.nsw.gov.au/Council/Future-Plans-Budget/Public-Documents/Community-Participation-Plan

DRAFT AMENDMENT TO CPP 2019

Council’s review of CPP 2019 identified that:

1. There are a number of relevant planning functions which are not legally required to be advertised in a local newspaper, but rather are required to be published on Council's website.
2. There are a number of relevant planning functions / matters which are not currently included in CPP 2019, but are required by legislation to be included and/or publicly exhibited.

Accordingly, Council has prepared a draft amendment to CPP 2019. The key changes to the document are summarised below.

Cost Saving Initiative – Reduction in Newspaper Advertisements

The CPP has been amended to remove all requirements to advertise planning functions / matters in the local newspaper. Instead notices will be published on Council’s website as and where required by the Environmental Planning and Assessment Act 1979 (EP&A Act), Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) and any relevant environmental planning instrument (EPI).

Environmental Impact Statements Obtained under Division 5.1 of the EP&A Act

Under Section 11, Schedule 1 of the EP&A Act Council is required to place an Environmental Impact Statement (EIS) obtained under Division 5.1 on public exhibition for a minimum period of twenty-eight (28) days. This requirement was not previously included in CPP 2019 and therefore, has been added.

Public Exhibition of an Environmental Impact Statement – Maintaining Confidentiality and the Public Interest

Under Section 18, Schedule 1 of the EP&A Act Council is not required to make available for public inspection any part of an environmental impact statement (EIS) whose publication would, in the opinion of Council, be contrary to the public interest because of its confidential nature or for any other reason. This requirement was not previously included in CPP 2019 and therefore, has been added.

Category 1 Remediation Work

Under Section 9A, Schedule 1 of the EP&A Act Council is required to place a Development Application for Category 1 Remediation work on public exhibition for a minimum period of twenty-eight (28) days. This requirement was not previously included in CPP 2019 and therefore, has been added.

Class 1 Aquaculture Development

Under Division 5 of the EP&A Regulation Council is required to place a Development Application for Class 1 Aquaculture Development on public exhibition. Whilst Class 1 aquaculture development is not specifically listed within Schedule 1 of the EP&A Act, the exhibition of this type of development remains a legal requirement, and therefore, it has been included in the draft CPP Amendment to ensure that Council follows due process.

Determination and Making of Publicly Exhibited Plans, Applications and Other Matters

Under Section 14, Schedule 1 of the EP&A Act Council must not make or determine any publicly exhibited plan, application or other matter until after the minimum period of public exhibition. Although Council currently follows this requirement in practice, it was not previously stated in CPP 2019 and therefore, has been added.

Minor Administrative Changes

The draft amendment to CPP 2019 includes a series of minor administrative changes:

• Clarify that Council-related Development Applications are classified as notified development under the CPP, as opposed to exhibited development.
• Update references to “relevant planning functions” as defined by Section 2.21 of the EP&A Act.
• Clarify that the CPP does not apply to State Significant Infrastructure under Division 5.2 of the EP&A Act.
• Delete Section “5.8.2 Amendment to Planning Agreements after public exhibition”. This provision is currently duplicated elsewhere in the CPP.
• Include additional references to Section 36(2) of the Interpretation Act 1987 which outlines the applicable rule for when an exhibition period includes a weekend or public holiday.
• Expand on the specific public notification requirements for the following planning functions / matters, as outlined in the EP&A Act and EP&A Regulation:
  • Nominated integrated development.
  • Threatened species development.
  • Designated development.
  • Class 1 aquaculture development.
  • Planning agreements.

WHERE CAN I READ THE DRAFT CPP?

A complete copy of the draft Amendment to Bathurst Regional Community Participation Plan 2019 (CPP 2019) and an associated Explanation Document is available in the Document Library.

HAVE YOUR SAY

The community can provide feedback on the draft Amendment to CPP 2019.

Submissions can be made to Council in writing between Monday 19 February 2024 and Monday 18 March 2024.

If you would like to talk to Council about the draft Amendment, please contact Council’s Environmental, Planning and Building Services on 02 6333 6211.

To make a written submission:

Complete the online survey below, OR: