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

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Did the council comply with key legislative, <strong>plann<strong>in</strong>g</strong> scheme and other requirements? 73<br />

3.6.1 F<strong>in</strong>d<strong>in</strong>gs of our review<br />

Our review of the council’s <strong>plann<strong>in</strong>g</strong> files and <strong>in</strong>formation disclosed:<br />

A lack of <strong>in</strong>formation. There was <strong>in</strong>sufficient evidence on file to show that<br />

the council had considered all relevant matters <strong>in</strong> assess<strong>in</strong>g <strong>plann<strong>in</strong>g</strong><br />

applications, and to support its decision to approve or reject <strong>plann<strong>in</strong>g</strong><br />

permits. Very few <strong>plann<strong>in</strong>g</strong> decisions were supported by a <strong>plann<strong>in</strong>g</strong><br />

report.<br />

When questioned on the lack of file documentation, the <strong>plann<strong>in</strong>g</strong><br />

contractor advised us that, although not formally documented, his work<br />

was based on discussions with applicants, surveyors, other specialists<br />

and councillors and supported by site visits, reference to the council’s<br />

computer mapp<strong>in</strong>g system, other electronic property databases, and the<br />

<strong>plann<strong>in</strong>g</strong> scheme.<br />

A very low <strong>plann<strong>in</strong>g</strong> permit refusal rate. Of over 1 000 <strong>plann<strong>in</strong>g</strong><br />

applications received by the council, only 15 permits were refused <strong>in</strong> a<br />

3-year, 4-month period (January 2002-May <strong>2005</strong>).<br />

An extraord<strong>in</strong>arily quick decision-mak<strong>in</strong>g time. Dur<strong>in</strong>g 2004, the average<br />

time taken to make decisions on <strong>plann<strong>in</strong>g</strong> permit applications was 1.7<br />

days. In March 2003, comparative <strong>in</strong>formation <strong>in</strong>dicated other councils<br />

took an average of 68 days to process permits29 . Under the Act, the<br />

council is normally required to make a decision on a <strong>plann<strong>in</strong>g</strong><br />

application with<strong>in</strong> 60 days30 . The time taken by the council to process<br />

permits has significantly decreased over the last 10 years from 29.8 days<br />

<strong>in</strong> 1995 to 1.7 days <strong>in</strong> 2004.<br />

A reliance on VCAT to resolve contentious issues after approval. Discussions<br />

with the <strong>plann<strong>in</strong>g</strong> contractor and councillors <strong>in</strong>dicated that where an<br />

application was difficult to assess or required considerable additional<br />

work, it was the council’s practice to approve the permit and let any<br />

objections and contentious issues be dealt with at VCAT. A council<br />

review of its <strong>in</strong>volvement <strong>in</strong> VCAT hear<strong>in</strong>gs concluded that although<br />

VCAT appeals generally added 4 to 6 months to the <strong>plann<strong>in</strong>g</strong> process, it<br />

provided “a reasonably <strong>in</strong>expensive means whereby parties to an<br />

application can seek review” 31 .<br />

29 J Harris 2003, Best Value Review of Statutory Plann<strong>in</strong>g Services, <strong>Glenelg</strong> <strong>Shire</strong> <strong>Council</strong>, Portland.<br />

<strong>Council</strong> statistics do not <strong>in</strong>clude the time the application spends <strong>in</strong> the hands of referral agencies.<br />

30 Variations <strong>in</strong> process<strong>in</strong>g can be attributed to different procedures <strong>in</strong> how applications are processed<br />

(<strong>in</strong> particular the extent of community consultation), the level of complexity, the adequacy of<br />

support<strong>in</strong>g <strong>in</strong>formation and different types of applications.<br />

31 B Wilder, Town Planner, <strong>Glenelg</strong> <strong>Shire</strong> <strong>Council</strong>, Review of VCAT, Report presented at council<br />

meet<strong>in</strong>g on 13 February 2001, pp. 15-17.

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