The Independent Hearing and Assessment Panel (IHAP)

The Independent Hearing and Assessment Panel, known as IHAP, was established to provide an independent hearing forum for objectors and applicants on certain applications.

• What is IHAP?
• Why do we have IHAP?
• When was it set up?
• What sort of matters does IHAP deal with?
• IHAP Charter
• Code of conduct
• The IHAP members
• Can I contact panel members?
• When does IHAP meet?
• What is the process when applications are referred to an IHAP meeting?
• How will I know if a matter of interest is going to IHAP?
• IHAP meeting agendas
• What happens at IHAP?
• How can I address the IHAP?
• Can I address the Council instead of the IHAP meeting?
• Do I have to attend the IHAP meeting if I make a written submission?
• Is the IHAP decision final?
• After the IHAP meeting
• IHAP reports
• How do I get more information relating to IHAP?

What is IHAP? 
The IHAP is panel of professions who will provide an independent assessment of particular development applications and submit recommendations to Council for a decision.

Why do we have IHAP?

• To provide increased transparency, integrity and confidence in the development application assessment process.
• To provide an independent hearing forum for objectors and applicants with an increased sense of involvement in the outcomes of the assessment process.
• To assess applications in a manner that is ethical, professional and independent of Wollongong City Council.

When was it set up?
Council's meeting on 27 May 2008 resolved to establish the IHAP and endorse the IHAP Charter, Code of Conduct and Memorandum of Understanding concerning the appointment of panel members.

What sort of matters does IHAP deal with?
The IHAP will consider development proposals that meet referral criteria which Council has established. These criteria are:

1. Class 2 to 9 buildings under the Building Code of Australia (BCA) including residential flat buildings, mixed use developments, retail and commercial, industrial, motels, hospitals, clubs etc., with a construction cost greater than $1 million and where Council has received 5 or more unresolved objections¹, with the exception of:
   1. subdivision of existing or approved development
   2. change of use or fit out of a property/tenancy
   3. signage applications
   4. modifications of consent and alterations and additions
2. Residential subdivisions creating 5 or more lots and where Council has received 5 or more unresolved objections¹.
3. Multi-dwelling housing including townhouses and villas involving 5 or more dwelling units and where Council has received 5 or more unresolved objections¹.
4. Applications involving variations to LEP development standards.
5. Applications involving a use only permitted after satisfying the provisions of clause 11 of Wollongong LEP 1990 and where Council has received 2 or more unresolved objections¹.
6. All development applications where Council is the owner of the land and the proposal involves a commercial activity or where Council holds a commercial interest.
7. Applications lodged by a Councillor, Administrator, State or Federal Member of Parliament, or Designated Council Officers, (other than Complying Development Certificate applications).
8. Applications which are the subject of a Section 82A Review of Determination where the original application had been considered by IHAP or determined by full Council.

Note: Applications will not be referred to the IHAP where the proposal is non-compliant with the LEP and DCP(s), or where fundamental information has been requested and not received and the application is determined by refusing consent.

¹Note: Pro-forma letters, petitions, or multiple letters from a single address for the purposes of referral to the IHAP would be counted as one (1) objection.
These criteria may change from time to time by Council resolution.

IHAP Charter
Please refer to the IHAP Charter on the right

Code of conduct
Please refer to the IHAP Charter on the right

The IHAP members
The Panel is made up of three experts from the professional disciplines of urban planning, urban design, architecture, law or the environment and one community representative. A pool of professional experts will be appointed by the General Manager. The community member is chosen from a pool of three community representatives appointed by the General Manager on a rotational basis to ensure the community interest is considered. These specialists are independent and do not reside or work in Wollongong Local Government area   Panel members are selected for each meeting on a rotational basis and will be introduced on the meeting night.   Council staff attends the meetings to answer questions from the panel. Attendance usually includes the Manager of City Planning, relevant planning team managers and occasionally the assessment officer.

Can I contact panel members?
To maintain transparency the IHAP Code of Conduct does not allow Panel members to be contacted outside of the public hearings. All inquiries concerning IHAP are to be made to the IHAP Co-Coordinator on 42277500

When does IHAP meet?
Meetings are generally held at 5pm in the Council Function Room on level 9 of Council’s Administration Building in the first week of each month. Extra meetings may be scheduled as required.

What is the process when applications are referred to an IHAP meeting?
Council Officers will assess the proposal as they would any other application and provide an assessment report and recommendation to the IHAP, applicants and objectors in advance of the meeting. The Panel will conduct a site inspection, hold a public hearing and undertake an independent assessment of the proposal.   The Panel will prepare a report with recommendations for each item considered at the IHAP hearing for the next available Council meeting. Council will then consider the report from the IHAP together with the assessment report and recommendations from Council Officers and determine these applications at its regular meetings.

How will I know if a matter of interest is going to IHAP?
All applications that are referred to IHAP are notified in the Advertiser and on Council’s Website. People who have an interest in a particular development application (whether as an applicant or someone who has made a submission) will be notified of its referral to the IHAP and advised that they may make an application to address the panel about that development application.

IHAP meeting agendas
Agendas will be made available to Councillors/Administrators and members of the public five days prior to the meeting.

What happens at IHAP?
The Chairperson will open the Independent Hearing and Assessment Panel meeting and introduce the Panel members. The order of items is set out in the agenda, which is available from Council prior to the meeting or on the night.
As each item is referred to, the objectors are invited to speak. The applicant will then be offered the opportunity to respond. Questions may be asked by the Panel members. After receiving all of the submissions, the meeting will be closed.   There is no guarantee that the Panel will adopt the recommendation of Council's Assessment Officer, and Council is not obliged to follow the recommendation of the Panel.
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 address the IHAP?
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, requests to speak to the Panel regarding a matter on the agenda can be arranged by contacting the IHAP coordinator on 4227 7500 by the day before the meeting.

During the public hearing the objectors and the applicant will be given the opportunity to speak (generally submissions are kept to a maximum of 3 minutes). The Panel may limit the number of objectors who speak or encourage a spokesperson to convey the common issues where practical. The Panel may ask questions of the objectors and the applicant. If a number of people have similar views about the same development application, they may be required to appoint a spokesperson to address the IHAP.

To make the most-effective use of your allotted time, plan the points you wish to make beforehand and be guided by the Chairperson during the course of the hearing.
Independent Hearing and Assessment Panel meetings are open to the public.

Can I address the Council instead of the IHAP meeting?
No. Given that stakeholders have been provided an opportunity to make submissions at the IHAP hearing, there is no further opportunity for applicants and objectors to speak at the Council meeting at which the matter is determined. Requests to address Council on a matter that has been referred to the IHAP will not be allowed.

The opportunity for people to verbally make their views known has been provided by Council through the IHAP, to ensure fairness and consistency.

Do I have to attend the IHAP meeting if I make a written submission?
No. If you wish to make a written submission only, this will be considered by the IHAP, and Council.

Is the IHAP decision final?
No, Council will make the final decision on the development application, taking into consideration the reports from the IHAP and Council staff.

The Council is not obliged to follow Panel's recommendations.

It should be noted that the IHAP recommendations cannot be actioned until the Council has made a decision.

After the IHAP meeting
After all speakers have been heard the meeting is closed and the Panel will retire and make their assessment in private. At this time, the Panel will discuss the issues raised and consider the Assessment Officer's report; there is no guarantee that the Panel will adopt the council assessment officer's recommendation. The IHAP makes a recommendation and prepares a report to go to Council for consideration. Once the IHAP have made a recommendation, the matter will normally be considered at the following Council meeting and will make a decision taking into consideration the reports from the IHAP and Council staff. This date will be announced at the commencement of the IHAP meeting.

IHAP reports
IHAP reports that are referred to Council for determination can be found in the Council Business Paper prior to the next Council meeting.

How do I get more information relating to IHAP?
Contact the IHAP Co-Coordinator on 4227 7285.

Last Modified: 15/12/2008