Draft Council-Related Development Application Conflict of Interest Policy

Councils are development regulators. But they also can be the developer, landowner, or hold a commercial interest in the land they regulate. Where councils have this dual role, an inherent conflict can arise between their interests in the development and their duty as regulators. Identifying these conflicts of interest early and finding ways to address them is crucial to good governance and allows councils to strengthen their relationship with communities and build and enhance trust. 

 The State Government made amendments to the Environmental Planning and Assessment Regulation 2021 to address conflicts of interest in council-related development.   Namely, Councils must adopt and have a policy that specifies how conflicts of interest in connection with council-related development applications will be handled. The policy must comply with the requirements in these Guidelines (section 66A).   Council must have the Policy in place by 3 April 2023.   A draft Policy has been developed, based off the Model Policy produced by the NSW Department of Planning and Environment, with some alterations to cater for the Bathurst region and the developments that Council regularly undertake. 

The draft Policy is on public exhibition from Monday 20 February until Monday 20 March 2023.