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Determination Process

Current Ministerial delegation provides any applications that have more than 25 objection submissions be referred to the Commission for determination.  The referral to the Commission takes place after the Department has completed its assessment and the assessment report (and recommendation) is made available on the Department’s website. 

The Commission‘s decision making procedures for these applications provide that a public meeting will be held to hear public views on the Department’s assessment report and recommendation before the application is determined. 

In circumstances where there are less than 25 objection submissions made to the Department of Planning and Environment but the Commission finds it will benefit from additional public inputs into its decision making process, it may decide to meet with relevant stakeholders including the relevant Council, proponent and/or residents/community groups or hold a public meeting.

The Commission has published a set of procedures to guide the public meetings to building public confidence in its decision making processes.  

Guide to Commission Meetings.

A public meeting will not affect appeal rights. 

Review Process

Section 23D(1)(b)(iii) of the EP&A Act provides for the Minister or the Secretary of the Department of Planning and Environment to request the Commission to hold a public hearing into any planning or development matters.

A public hearing for a major development application, if held, can occur at any stage in the planning process.  The Commission will provide a report with recommendations to the Minister/Secretary after the public hearing.  The Department’s assessment report is required to take into consideration the findings and recommendations of the Commission.  The Commission’s report will generally be published on its website within two weeks of its submission to the Minister/Secretary.

The Commission has published a set of procedures to explain the public hearing process.

Guide to Public Hearings

A public hearing removes third party merit appeal rights. 

Combined Review and Determination Process

If a development application is referred to the Commission for review/public hearings and subsequent determination under delegation, the general process is as follows:

  • The public hearing will be held (with a minimum of 2 weeks public notice) and will often occur after the Department completes a preliminary assessment report including recommended conditions and the report is made public on the Department and Commission’s websites;
  • Once completed, the Commission's review report including recommendations will be made public, usually within two weeks of its submission to the Minister and Director General;
  • The same Commission members who reviewed the application will also determine the application, where practical; and
  • The Commission may determine the application with or without holding a subsequent public meeting, even though the application may have received more than 25 objection submissions.