275Functions exercisable by council on behalf of Sydney district or regional planning panel—the Act, s 4.7(2)(h)

#### 275 Functions exercisable by council on behalf of Sydney district or regional planning panel—the Act, s 4.7(2)(h) 275 Functions exercisable by council on behalf of Sydney district or regional planning panel—the Act, s 4.7(2)(h) > > (1) The determination of an application to modify a development consent under the Act, section 4.55 is prescribed as a function of a Sydney district or regional planning panel that must be exercised on behalf of the panel by the council of the area, except as provided by subsection (2). > > > (2) A council must not determine an application to modify a development consent under the Act, section 4.55(2) on behalf of a Sydney district or regional planning panel if the application is of a kind specified in the Instruction on Functions Exercisable by Council on Behalf of Sydney District or Regional Planning Panels—Applications to Modify Development Consents published on the NSW planning portal on 30 June 2020. > > > (3) The following functions in relation to a development application to which a design excellence provision applies are prescribed as functions of a Sydney district or regional planning panel that must be exercised on behalf of the panel by the council of the area— > > > > > (a) the certification that a competitive design process is not required, > > > > > (b) the establishment of a design review panel, other than a design review panel constituted under Division 4A. > > > (3A) The determination of a development application is prescribed as a function of a Sydney district or regional planning panel that must be exercised on behalf of the panel by the council of the area if a local planning panel has been constituted for the area, except as provided by subsection (3B). > > > (3B) A council must not determine a development application on behalf of a Sydney district or regional planning panel if the application is of a kind specified in the Instruction on functions not exercisable by council on behalf of Sydney district or regional planning panels—certain regionally significant development applications published on the NSW planning portal in December 2025. > > > (3C) To avoid doubt, for the Act, section 4.8(4)(c), the functions of a council under subsections (1) and (3A) are declared to be functions of the council as consent authority for the Act, section 4.8. > > > (4) In this section— > > > > design excellence provision means a provision that provides that development consent must not be granted unless the consent authority is satisfied the development exhibits design excellence. > > **s 275:** Am 2024 (325), Sch 1\[1\]; 2025 (706), Sch 1.