Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Order 2007 (NSW)

2007 No 354

New South Wales

Environmental Planning and

Assessment (Burwood Town Centre

Planning Panel) Order 2007

under the

Environmental Planning and Assessment Act 1979

I, FRANK SARTOR, the Minister for Planning, in pursuance of sections 118 and 118AA of the Environmental Planning and Assessment Act 1979, make the following Order.

Dated, this 19th day of July 2007.

FRANK SARTOR, M.P.,

Minister for Planning

Explanatory note
The object of this Order is to establish the Burwood Town Centre Planning Panel as a planning assessment panel and to confer on that panel certain of Burwood Council’s town planning functions in relation to the Burwood Town Centre.
This Order is made under sections 118 and 118AA of the Environmental Planning and

Assessment Act 1979.

Published in Gazette No 93 of 20 July 2007, page 4807	Page 1
2007 No 354	Environmental Planning and Assessment (Burwood Town Centre Planning
Clause 1	Panel) Order 2007

Environmental Planning and Assessment (Burwood

Town Centre Planning Panel) Order 2007

under the

Environmental Planning and Assessment Act 1979

1      Name of Order

This Order is the Environmental Planning and Assessment (Burwood
Town Centre Planning Panel) Order 2007.

2      Commencement

This Order commences on 20 July 2007.

3      Definitions

In this Order:
the Act means the Environmental Planning and Assessment Act 1979.
the Burwood Town Centre means the area of land shown edged heavy
black on the map marked “Burwood Town Centre Planning Panel
Map”, a copy of which is deposited in the offices of the Department.
the Council means Burwood Council.
the Panel means the planning assessment panel established by section
118AA of the Act pursuant to the amendment, by clause 4 of this Order,
of Part 1 of Schedule 5B to the Act.

4 Amendment of Schedule 5B to the Act to establish the Panel

Part 1 of Schedule 5B to the Act is amended by inserting the following matter immediately below the heading to the Part:

Burwood Town Centre Planning Panel

5      Appointment of Panel to exercise the Council’s planning functions

(1)  The Panel is appointed to exercise all functions of the Council:

(a) as a consent authority under Part 4 of the Act, but only in relation to development with an estimated cost of more than $40,000,000,

Environmental Planning and Assessment (Burwood Town Centre Planning	2007 No 354
Panel) Order 2007	Clause 5

(2)	The functions that the Panel may exercise as a consent authority under Part 4 of the Act extend to any development application made before the commencement of this Order.
(3)	The functions that the Panel may exercise in relation to the making of environmental planning instruments under Part 3 of the Act extend to the making of any plan (such as draft Burwood Town Centre Local Environmental Plan 2007) whose making commenced before the commencement of this Order.
(4)	For the purposes of subclause (1) (a), the estimated cost of development is to be determined by reference to a genuine estimate of:
(a) for any building to be erected:

(i)      the costs associated with the construction of the building, and

(ii)      the costs associated with the preparation of the building for the purpose for which it is to be used (such as the costs of installing plant, fittings, fixtures and equipment), and