Independent Hearing & Assessment Panel

What is the Independent Hearing and Assessment Panel (IHAP)?

This panel of consultants was set up to provide an independent assessment of particular development applications and submit a recommendation to the Council for a decision.

Why do we have IHAP?

To provide increased transparency in the development application assessment process and to provide stakeholders – applicants, the community and objectors - with an increased sense of involvement in the outcomes of the assessment process and to undertake an independent assessment of proposed developments classified as Category 3 under Clause 15 of the WLEP 2000.

When was IHAP set up?

Council at its meeting of 25 March 2003 adopted that Classes 2 to 9 buildings (in accordance with the Building Code of Australia, i.e. Residential Flat Buildings, Retail Commercial and Industrial), applications involving the creation of three or more dwellings and Subdivision of land creating more than 5 allotments, with more than 2 unresolved objections, be assessed by an Independent Hearing and Assessment Panel (IHAP) prior to being reported to Council for determination. In September 2004 the Charter was updated and combined with the existing Category 3 Panel.

Who is on the Panel?

Panel members were appointed after expressions of interest were called. The Panel is made up of three experts, which are drawn from the professional disciplines of law (Chairperson), urban design, planning, architecture or the environment. A community member is chosen from a pool of four on a rotation basis.

Can I contact the Panel members?

To maintain transparency the IHAP Charter does not allow Panel members to be contacted outside of the public hearings, (“4(i)”of IHAP Charter).  All inquiries concerning IHAP are to be made to the IHAP Co-Ordinator on 9942 2313.

When do they meet?

The IHAP meetings are currently held on the second Wednesday of each month at 6.00pm in the Council Chamber, Civic Centre, Civic Drive, Dee Why.

What Development Applications does IHAP deal with?

Those classified as Category 3 as required by Clause 15 and other relevant provisions of the WLEP 2000 and Development Applications Class 2 – 9 Buildings (i.e. Residential Flat Buildings, Retail Commercial and Industrial), applications involving the creation of three or more dwellings and Subdivision creating more than five (5) lots, with more than 2 unresolved objections. The Council, the Administrator or the Application Determination Panel (ADP) also have the discretion to request any Development Application to go before IHAP if it has, for example, significant public interest.

What is the process when items go to an IHAP meeting?

Council staff or a consultant assess the proposal as they would any other application and that assessment and their recommendation are available prior to the IHAP meeting, to the staff, community and stakeholders.

The Panel conducts an independent assessment, a site inspection and a public hearing. The Panel are given all written submissions to read with the staff report and any other relevant documents that are needed to help them with their assessment. The Panel's report is presented to the next available Council Meeting, which are held on the second and fourth Tuesday of the month, for determination by the Elected Council, or the Administrator.

How are items that are going to an IHAP hearing advertised?

All applications that are reported to IHAP are notified in the Manly Daily, on Council’s Website and on the Council Notice Board. Letters are sent to all residents who have sent in submissions, and the applicants and owners, informing them of the date and time of the meeting and information relating to addressing the Panel Hearing.

How can I address the IHAP hearing?

Submissions by the applicant and other persons will be considered at the hearing. The Panel shall, upon request, hear submissions from persons who identify prior to a hearing that they wish to make a submission to be considered by the Panel. Requests are made by ringing the IHAP Co-Ordinator on 9942 2313.

What happens at the IHAP hearing?

At the Hearing the Chairperson calls up each item on the Agenda and the Objectors speak first and the Applicant speaks second. The Panel may want to ask questions of the objectors and the applicant.

After all speakers have been heard the meeting is closed and the Panel retire to make their assessment in private.

How can I get a copy of the Panel recommendation?

The Friday before the Council meeting, reports are made available to the public after 10.00am and are published on the Council Web site. Requests to address Council will not be granted in relation to these reports, as all applicants and objectors are given a full hearing at the IHAP meeting.

How do I get more information relating to IHAP?

Contact the IHAP Co-Ordinator on 9942 2313.

• Independent Hearing and Assessment Panel (IHAP) Charter (PDF, 77KB)
• Independent Hearing and Assessment (IHAP) Agenda and Reports