2020-05-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                                    18 MAY 2020



4                     FURTHER REPORT - MCU18/0166 - PLANNING & ENVIRONMENT COURT APPEAL
                      NO BD897 OF 2020 - REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE
                      FOR SERVICE & UTILITY - TYPE 3 (TOWER) AT 244 TABLELANDS ROAD, COORAN
OCUMENT INFORMATION




Author                            Manager Development Assessment, Kerri Coyle
                                  Environment & Sustainable Development Department

Index                             ECM/ Application/ MCU18/0166/ Case/ Aurecon

Attachments                       Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April
2020 and the further report by the Manager Development Assessment to the General Committee
Meeting dated 18 May 2020 regarding Planning & Environment Court Appeal No. BD897 of 2020
and agree to defend the appeal.

REPORT
Council, at its Ordinary Meeting of 30 April 2020, considered a report on the Planning &
Environment Court Appeal to construct a NBN Tower at 244 Tablelands Road, Cooran. At the
meeting Councillors requested further background details on the management of appeals,
including:
                    Alternate dispute resolution procedures that have been formally adopted into Council
                      practices and details;
                    Minutes of any mediation used by Council during the DA process with NBN;
                    Information regarding prospects of success;
                    Estimate of costs associated with defending the appeal, particularly if the appeal proceeds
                      to trial;
                    A legal opinion as to the risk of the applicant making an application for costs against
                      Council- have we got a strong case;
                    A briefing from town planners; and
                    A site inspection.
Accordingly, Council resolved to “…defer consideration of the matter to the May round of
meetings to allow Councillors to obtain further information.”
In response a workshop was held with Councillors to provide a briefing on the current
management of appeals, including Council officers’ practices to managing applications, seeking
resolution, court mediation, obtaining advice on prospects and the limited risk of costs being
awarded against Council. Importantly the following was noted by officers at the workshop:
                    Applications are discussed with the applicant throughout the development assessment
                      process, with 2 key times during the application where officers can raise issues and seek to
                      negotiate an acceptable outcome, including the Information and Referral Stage and the
                      Decision Stage. An opportunity was also afforded prior to lodgement of an application to
                      identify potential issues and solutions for a proposal and after an approval was issued to
                      negotiate conditions.

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