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

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68 Did the council comply with key legislative, planning scheme and other requirements? Had the council acted to amend the planning scheme in mid-2002, as it intended, it would not be facing the significant issues it does today. Given the time needed to set up adequate development plans for all its DPOs, the current situation had the potential to significantly disrupt development activity in the shire. It is, therefore, pleasing to report that the proposed amendments to the planning scheme will provide an opportunity for the council to establish its development plans and allow development activity to continue in the interim. We note that the Minister for Planning has advised the council that he expects that the council will prepare and adopt appropriate development plans or provide reasons as to why development plans are no longer required. He has also advised of his expectation that appropriate resources be provided to resolve this issue quickly. Recommendation 10. That the council: review the need for each of its DPOs. Where a DPO is needed, it should be retained and a development plan established. Where there is no need for a DPO, an amendment to the planning scheme should be developed to remove the DPO from the scheme review the 330 planning permits and: issue new permits where considered appropriate where a current land use or development is clearly inappropriate, the council should seek legal advice on the appropriate action to be taken advise DSE of its proposed process for resolving the 330 permits. RESPONSE provided by Glenelg Shire Council Recommendation partially agreed. Council is reviewing the need for DPOs in accordance with the recent Ministerial amendment. The 330 permits are currently under review. Any proposed action will be in accordance with legal advice.
Did the council comply with key legislative, planning scheme and other requirements? 69 3.5.7 Amendment to approved planning permits During the period covered by the audit, the Act provided for the council to amend a planning permit it has issued in the following situations: to correct a clerical mistake or omission to correct a miscalculation or a mistake in any description of a person, thing or property included in the permit when the owner requests minor changes28 . In approving amendments to permits, the council is restricted to changes that do not adversely impact on other interests. The Act sets out tests that the council must consider in making a decision to approve any amendment. Amendments to permits should: not change the effect of any condition required by VCAT not adversely affect the interests of a referral authority (unless it is acceptable to the relevant referral authority) be consistent with the planning scheme applying to the land not cause an increase in detriment to any person not change the use for which the permit was issued. Where the amendment to the permit fails to achieve the above requirements, the applicant needs to seek a new permit. If the council is in doubt as to whether a proposed amendment is minor, the matter can be referred to VCAT for a decision. Findings of our review Our file review identified 5 instances where the council amended planning permits for changes that were likely to have more than a minor impact on the proposal. In these cases, there was no evidence on file of the council having assessed whether the amendment was permitted under the Act or considered whether the applicant should have applied for a new permit. Amendment of approved permit: Case study 10 The following case study illustrates the amendment of a permit without due consideration of the legal requirement to assess the impact of the change on relevant persons. 28 From 23 May 2005, the Act was amended to formalise procedures for processing amendments to planning permits.
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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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Page 23 and 24: 2.3.1 Conduct of the audit Victoria
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Appendix B. Contract for town plann
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128 Appendix B. Contract for town p
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FIGURE C1: AUDIT CASE STUDIES INDEX
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