Community planning services in Glenelg Shire Council : 1998-2005 ...

Did the council effectively manage its outsourced planning services? 109
Monthly activity reports and access to records
Under his contract, the planning contractor was required to provide the
council with monthly activity reports. These reports were intended to keep
council informed in a timely manner of what planning activity he was
involved with each month.
However, the contract did not specify what he was required to include in
the report (for example, details of the status, nature and levels of planning
activity; whether the planning function was being delivered in compliance
with legislative timelines etc.). We make further comment on these activity
reports in section 5.3.1 of this report.
Dispute resolution
It is normal commercial practice to incorporate into contractual
arrangements appropriate dispute resolution mechanisms.
The council’s contract with the planning contractor did not have such a
provision. This increased the risks of additional costs or the suspension of
service in the event of a dispute with the planning contractor.
5.2.4 Conclusion
Transferring various risks and responsibilities to an external contractor
does not relieve the council of its fundamental responsibility for service
delivery. The council remains accountable for the cost and quality of its
outsourced planning services.
The planning contractor’s planning skills were largely derived from his
many years experience in the business. However, his lack of formal
qualifications and limited involvement in professional development
activities placed council at risk of appropriate planning decisions not being
made.
For example, our review of his specific planning decisions indicates a
narrow interpretation of the planning scheme and a reluctance to apply
sound planning processes in assessing planning permit applications.
(Various case studies are included in Part 3 of this report.)
This situation was compounded by council’s contract manager not having
adequate planning skills and experience. This limited council’s ability to
oversee the planning contractor’s performance and to effectively assess the
appropriateness of any actions or decisions. This meant that decisions on
complex, sensitive or high-risk planning applications were left entirely to
the planning contractor (in his role as employee of the council).
In effect, the planning contractor was able to operate as he saw fit.