2014-02-25 Planning & Organisation Committee Meeting Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 FEBRUARY 2014




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                      25 FEBRUARY 2014

development beyond what is clearly stated in Council's planning scheme and adopted
policies.
Pre-Lodgement Meetings with Council Planning Staff
Pre-lodgement meetings are used to reach consensus on policy, statutory obligations and
layout issues. As such, attendees representing Council's interests at pre-lodgement
meetings will be Council Planning staff who are likely to be involved in the assessment of the
subsequent development application. Officers should be cautious about offering definitive
comment on a prospective application until a full assessment can be made.
Application Assessment Phase
Once an application has been lodged, Councillors should not involve themselves in meetings
or external discussions about an application under assessment nor should they direct, or
attempt to direct, an assessment officer in the course of that officer's duties to assess and
report on a development application.
Officers may openly communicate concems about the application with the applicant but
should remain cautious about offering definitive comment on the application until a full
assessment can be made.
Decision Stage
After Council officers have prepared a report and made an assessment and that report has
been provided as part of the normal Council meeting agenda process, Councillors may make
any necessary enquiries of Council staff to ensure their duty is discharged in deciding the
application.
Councillors should take care not to advocate on behalf of the applicant and should avoid
making any commitment about their likely decision on the application until the matter is
considered at a Council committee or Council meeting.
Post Decision Phase & Appeals
The post decision phase of any development application is particularly sensitive and can
involve negotiations between parties having an interest in the outcome of the application.
Under SPA, every applicant has the right to negotiate with Council on conditions and the
scope of any decision issued by Council.
All such negotiations must be attended by Council Officers staff and Councillors should not
be involved.
Should an appeal be lodged, it is inappropriate for Councillors to enter into discussions with
applicants, appellants or third party submitters.
Senior officers and Council's legal representatives manage the conduct of the Appeal.
During the course of the Appeal ‘without prejudice’ meetings may be held between the
parties in the appeal to try to reach an agreement, or at least limit the issues in dispute.
Councillors should not attend ‘without prejudice’ meetings. Officers should ensure that
Councillors are briefed on the outcomes of the meeting and seek direction from Council
where an alternative direction is proposed.

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