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

              POLICY STATEMENT — Development Assessment — Roles and Responsibilities of Councillors and Council Employees

              POLICY APPLICATION

              This policy applies to all Councillors and employees of the Sunshine Coast Regional Council,
              particularly as dealings relate to IDAS under the Sustainable Planning Act 2009.         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.

              DEFINITIONS

              A full list of relevant definitions can be found in the Sustainable Planning Act 2009, relevant
               Planning Schemes and local laws for the Sunshine Coast Regional Council.

              POLICY STATEMENT

               1. Integrated Planning Act and IDAS:
              The Development Assessment process is a legal process. Its inference in law is that it must
              be transparent, unbiased, unfettered and legally correct. The provisions of the Sustainable
              Planning Act 2009, particularly IDAS, require that the “assessment manager” (usually
               Council) does not pre-determine an application.
               For Councillors to avoid conduct which indicates a reasonable apprehension of bias they
              must ensure they genuinely consider the relevant materials, the development application and
              recommendations made by council officers prior to reaching a position on a proposal."
              Applications must be dealt with in accordance with the statutory requirements of the
              Sustainable Planning Act 2009 and with due regard to the principles outlined in section 4 of
              the Local Government Act 2009.       An appreciation of the separation of duties, roles and
              responsibilities of Councillors and the ‘administrative’ arm of Council is essential.
              The following matrix outlines the protocols for involvement by Council and Council Officers
              during each phase or formal Stage of the IDAS process.           In all communications with
              developers and other stakeholders having, or likely to have, a direct material interest in a
              development proposal, Councillors and council employees must conduct themselves in such
              a manner that their actions or comments cannot be 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 Council resolution.

                                  LEVEL OF INVOLVEMENT BY COUNCILLORS AND OFFICERS IN DEVELOPMENT
                     Roo Nels                              PSS So       =

                Pre-lodgement     Involvement = Cautionary             Involvement = Technical Advice
                Phase
                                  Cautionary approach to offering any  Cautionary approach to offering any
                                  definitive comment to applicants in  definitive comment to applicants in
                                  relation to applications             relation to applications
                                  Pre-lodgement meetings should not be Arrangement of pre-lodgement meetings if
                                  convened by Councillors, but handled by requested to discuss technical
                                  the council officers on a technical basis requirements of the planning scheme and
                                  Councillors may attend pre-lodgement other State or Local policies that might

              " McGovern v Ku-Ring-Gai Council [2008] NSWCA 209
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