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

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Did the council effectively manage its outsourced planning services? 113 5.3.3 Reviewing sensitive, complex or high-risk planning decisions One of the biggest risks facing the council was the approval of applications that did not comply with the requirements of the planning scheme or other relevant legislation. We expected to see a referral/approval process that involved senior council staff in more sensitive and complex planning applications. For the most complex and sensitive issues, we envisaged that council would become involved in the approval process. The Municipal Association of Victoria’s, Planning in Victoria A Councillors’ Guide 51 states that councillors need to be aware of the following to perform their planning role effectively: state and local planning policies the basis for planning decisions key steps in the planning permit application process major, significant and controversial planning permit applications. Interviews with councillors indicated that they were generally satisfied with the planning contractor’s performance and encouraged him to act with total autonomy within the bounds of the instrument of delegation. However, it also became evident from these conversations with councillors that: many lacked a basic knowledge of the planning process and what the process was trying to achieve most had very limited knowledge of major, significant and controversial planning permit applications. Generally, the only time councillors became aware of such applications was when an objection to a permit was lodged with VCAT or when the contractor referred an application to council meetings. This was rare. 5.3.4 Working relationship between the contractor and the council While the contract is vitally important, it only represents the formal and legal arrangement that governs the contracting relationship. A contract will never capture the full nature of the relations between the parties that guides much of the day-to-day activity. 51 Municipal Association of Victoria 2002, Planning in Victoria A Councillors’ Guide, Municipal Association of Victoria.
114 Did the council effectively manage its outsourced planning services? Contracts are consulted in detail when things go wrong and when parties need to clarify their legal rights. However, it is the working relationship that develops between the planning contractor and the council that ultimately determines the success of an arrangement. When issues arise (which are not dealt with or are unclear in the contractual agreement), or when there is a misunderstanding or dispute, a strong, positive relationship will ensure they are dealt with effectively. Our audit disclosed that the arrangement between the planning contractor and the council was a one-sided affair with the contractor working almost independently from the council, rather than in a collaborative relationship. 5.3.5 Conclusion While the absence of qualitative service standards and performance indicators in the contract limited how well the council could monitor the quality of planning services, a number of outputs could be measured. Despite this, neither the contact manager nor any other council employee actively monitored or managed how those outputs were provided. The contract provided for the council to take a series of actions for nonperformance by the planning contractor. Issues of non-performance were not specifically raised by council in a timely manner. This poor management of the contract contributed to community dissatisfaction with the council’s planning services. It also increased the council’s risk of making incorrect planning decisions. Council members took virtually no part in the review, assessment or approval of planning applications or planning decisions. Even for complex, sensitive or high-risk planning applications, there was little involvement by other senior council officers or councillors. They were not consulted, applications were rarely referred to them and they were not involved in approval of planning decisions. This inadequate oversight over many years: is likely to have contributed to the situation in late 2004 where the contractor’s services were terminated by the council prior to the expiry of the contract has contributed to the declining level of community and stakeholder satisfaction with town planning services, and ongoing concerns about the council’s ability to deliver high-quality planning services.
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PP No. 162, Session 2003-05 V I C T
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The Hon. Monica Gould MP The Hon. J
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Contents FOREWORD..................
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1. Executive summary 1
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4 Executive summary 1.2 Overall aud
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6 Executive summary 3. That the cou
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8 Executive summary attempt to res
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10 Executive summary RESPONSE provi
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2.1 Victoria’s planning system Vi
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Reform of the planning system Victo
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2.2.1 Council’s planning services
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2.3.1 Conduct of the audit Victoria
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Did the council comply with key leg
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Page 125 and 126: FIGURE C1: AUDIT CASE STUDIES INDEX
Page 127: Availability of reports Copies of a
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Community planning services in Glenelg Shire Council : 1998-2005 ...

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