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
                                        LEVEL OF INVOLVEMENT BY COUNCILLORS AND OFFICERS IN DEVELOPMENT
                        STAGE                                        ORS 1S           el)

                                        meetings only by invitation from the CEO, | impact on the proposal. These meetings
                                        Director or co-ordinating Manager, in an    should be convened by council officers on
                                        observer capacity.                          a technical basis and not by Councillors.
                                                                                    Where known, Officers should advise
                                        The risk is the perception of “pre-         Councillor whether the pre-lodgement
                                        determining” applications and the test of   meeting is merely a presentation of an
                                        “unbiased” and “unfettered” decision-       idea or the precursor to a serious
                                       making.                                      development application.

                   Lodgement            Involvement = Cautionary                    Involvement = Technical Advice
                   Live DA
                   (Lodgement is a      Cautionary approach to offering any         Advice to applicants to ensure all
                   significant point in | definitive comment to applicants in       mandatory information has been
                   time at which        relation to applications.                   submitted with the application.
                   conduct should be
                   considered)          The risk is the perception of interference  Caution should be exercised in regard to
                                        and “pre-determining” applications and      offering any definitive outcome comments
                                        the test of “unbiased” and “unfettered”     to applicants in relation to applications.
                                        decision-making.

                   Assessment of        Involvement = Nil / Cautionary              Involvement = Technical Assessment
                   the Application
                                        No involvement with applicants during the | Provision of technical assessment of the
                                        Assessment Phase is recommended.            application against the Planning Scheme
                                                                                    and other relevant policies.
                                        No involvement with council officers
                                        where the involvement may be seen as
                                        directing or attempting to direct a council
                                        officer or to apply time associated
                                        pressures.
                                        The risk is that involvement at this phase
                                        could constitute a ‘statutory breach’ of
                                        s.170(3) of the Local Government Act
                                        2009 and give rise to suspicion of
                                        inappropriate interference.
                                        Councillors should participate in site
                                        inspections or discussions if proposed by
                                        the appropriate co-ordinating Manager.

                   Decision Stage       Involvement = Enquiry/Decision Making | Involvement = Technical Assessment
                   (Applications not
                   determined by        After council officers have prepared a      Officers make an assessment and
                   delegation (i.e.     report and made an assessment,              prepare a report on the development
                   determined by the | Councillors have an obligation to make       application for council's consideration.
                  Council)              enquiries as necessary to ensure their
                                        duty is discharged in deciding the
                                        application. Councillors may confer with
                                        any person, including the applicant, in
                                        order to clarify any matter and to gain a
                                        full understanding of the proposal.
                                        Councillors should take care not to
                                        advocate on behalf of the applicant if the
                                        proposal is contrary to the public interest.
                                        Councillors should avoid making any
                                        commitment about their likely decision on
                                        the application as further information and
                                        facts may be presented during the course
                                        of the council meeting convened for the
                                        purpose of considering the matter.
                                        Where a Negotiated Decision is
                                        requested by the Applicant, Councillors
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