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

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48 Did the council comply with key legislative, planning scheme and other requirements? CASE STUDY 4: APPLICATION TO SUBDIVIDE FARMLAND WITHIN CONVINCING GROUND AREA – continued Although AAV is not a referral authority under the council’s planning scheme, the council had previously sought advice from it and Heritage Victoria in relation to development in this area. The council subsequently included an advisory note with the permit, stating that it was an offence to “… disturb or destroy an aboriginal site … without obtaining the prior consent from the relevant local aboriginal community”. The note indicated that “Aboriginal archaeological issues should be discussed with Aboriginal Affairs Victoria”. Reference was also made to the relevant state and Commonwealth legislation that protects Aboriginal sites. The property was also in an area covered by a development plan overlay, which meant that a permit could not be issued for any development on this property until a development plan had been prepared and approved by the responsible authority. The Minister for Planning has sought a declaration from VCAT that such a plan had not been prepared and approved. See part 3.5.6 of this report. Bulldozing of the site commenced in January 2005. Works stopped soon after when the applicant was advised that the Aboriginal community or Minister for Aboriginal Affairs had not been consulted and, therefore, consent had not been given. In early 2005, AAV engaged an investigator to identify whether there were any breaches of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. The ensuing report indicated that the council, once it became aware of the significance of the site, had an obligation under the Planning and Environment Act 1987 to protect it. In the consultant’s opinion, the council was aware of the significance of the site. Accordingly, if appropriate planning processes had been applied, the permit would have been refused or the applicant advised that there was virtually no chance that the local Aboriginal community or the state minister responsible for Aboriginal affairs would consent to allowing dwellings to be built on the site. The applicant advised the consultant that the council had indicated the Aboriginal issues associated with the permit had been addressed. In April 2005, the local Aboriginal community and the Minister for Planning applied to VCAT to have the planning permit for the land subdivision cancelled. The matter is to be heard in December 2005. AAV also referred the matter to the Commonwealth Director of Public Prosecutions to investigate if an offence has been committed under Commonwealth legislation. Source: Glenelg Shire Council, Application no. 336/03, The Convincing Ground.
Did the council comply with key legislative, planning scheme and other requirements? 49 Aerial view of earth works on the Convincing Ground, Narrawong. Aboriginal cultural heritage: Case study 5 CASE STUDY 5: FURTHER APPLICATION TO BUILD ON CONVINCING GROUND In February 2004, the council received a planning application for a 9-lot subdivision of land on the Convincing Ground site (next to the land mentioned in case study 4). Both the local historic committee and indigenous community objected to the proposal on the grounds that in granting the permit, the council would fail to recognise the impact of the development on a significant cultural and heritage property. The council and the applicant were unable to resolve the objectors’ issues. Council issued a Notice of Decision to Grant a Permit (a) on 27 January 2005 even though AAV and the community had significant concerns about the works on that site. The notice included 32 conditions and, in contrast to the previous permit issued by the council for works on the Convincing Ground, had 3 conditions specifically addressing the need to consult with AAV and to obtain necessary community and legal consents. A permit has yet to be issued by the council and no works have been undertaken on the site. In March 2005, an application was made to VCAT to review (b) the Notice of Decision to Grant a Permit given the failure by the council to: notify relevant parties who may be affected by the granting of the permit protect historically and culturally sensitive land. This matter is to be heard by VCAT in December 2005. (a) If there are no objections, the council can issue a permit immediately. If there are objections, the council can only issue a Notice of Decision to Grant a Permit. The notice signals the council’s decision to grant the permit. (b) An application for a review of Council’s decision can be lodged by an objector within 21 days of the decision. Source: Glenelg Shire Council, Application no. 049/04, Subdivision.
Page 1 and 2: PP No. 162, Session 2003-05 V I C T
Page 3 and 4: The Hon. Monica Gould MP The Hon. J
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Page 7 and 8: 1. Executive summary 1
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Page 17 and 18: 2.1 Victoria’s planning system Vi
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Page 23 and 24: 2.3.1 Conduct of the audit Victoria
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5. Did the council effectively mana
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104 Did the council effectively man
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Appendix A. Performance improvement
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Appendix B. Contract for town plann
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FIGURE C1: AUDIT CASE STUDIES INDEX
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