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2014-02-25 Planning & Organisation Committee Meeting Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 FEBRUARY 2014


                                                   Attachment 1




                                                       Page 23 of 92

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                          25 FEBRUARY 2014

                                                                          Attachment 1

 an NOOSA              COUNCI                             COUNCIL POLICY
 no        OOSA COUNCIL                     Development Assessment — Roles and
                                              Responsibilities of Councillors and
                                                            Council Officers

 Policy adopted by Council:         << Date of Council resolution>>

POLICY PURPOSE AND SCOPE

The purpose of this policy is to provide Councillors and officers with guidelines for their
involvement in discussions with parties having a direct material interest in any particular
development proposal or development application. Contact with Council is undertaken by
many people in the community in relation to a broad range of matters including development
proposals.  The outcome of this policy is that such contact is carried out ethically and
transparently.
This policy applies to all Councillors and officers of the Noosa Shire Council, particularly as
dealings relate to IDAS under SPA.    It is important to note that, once a development
application moves past a simple enquiry and into the pre-lodgement phase, caution must be
exercised and the principles of this policy applied.
The Codes of Conduct for Councillors and Employees, as well as an understanding of the
general principles for managing conflicts of interests, should be understood and read in
conjunction with this policy.
POLICY STATEMENT

The Development Assessment (DA) process is a legal process.      It must be transparent,
unbiased, unfettered and legally correct. The provisions of the SPA, particularly IDAS,
require that the “assessment manager” (usually Council) does not pre-determine an
application.
Each Councillor has an obligation under the Local Government Act 2009 (the Act) to
represent the overall public interest for the Shire. In doing so, Councillors must comply with
the “Statutory Provisions” Act and have regard to the Local Govemment principle of
transparent and effective processes and decision making in the public interest outlined in
Section 4(2) of the Act.
In all communications with development proponents and others having, or likely to have, a
direct material interest in a development proposal, Councillors are required to, at all times,
conduct themselves in such a manner that their actions and comments:
    (1) cannot be readily construed as representing the views of Council as a whole unless
       those comments and actions either reflect current Council policy or are specifically
       authorised by a resolution of Council, and
    (2) promote and maintain the public’s trust and confidence in Council.
Pre-Application Phase
During the pre-application phase, Councillors when meeting with or approached by
development proponents should not attempt to influence the form of a particular
                                                                                Page 23 of 92
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