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

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74 Did the council comply with key legislative, planning scheme and other requirements? Councillors were not actively involved. The planning contractor submitted detailed reports to the council meetings about some applications for planning permits. However, most of the applications that have been the subject of VCAT appeals were not discussed by councillors before a decision was made to grant the permit. Most VCAT decisions on council planning matters over the past 5 years were made against council. Although the number of council planning matters brought before VCAT was not significant when compared with the total number of applications received (an overall average of 1.3 per cent), 62 per cent of the decisions made by VCAT were against the council32 . At August 2005, 9 planning matters were before VCAT. Dissatisfaction with planning decisions. There was a considerable level of dissatisfaction with many of the council’s planning decisions by the Department of Sustainability and Environment, Heritage Victoria and the local heritage committee. Conclusion The lack of supporting documentation, extraordinarily quick processing time and low refusal rate for planning permit applications indicate that these applications are more than likely not to have been adequately assessed. Furthermore, our investigation of specific planning decisions, VCAT rulings and the dissatisfaction of other government agencies with many of the council’s planning decisions, indicate that a number of the planning applications approved by the council were inappropriate. Had councillors had a greater involvement in overseeing the council’s planning function many of these problems may have been overcome. See comments in section 5.3.3 of this report. 32 This figure does not include one action at VCAT where the council sought to cancel a permit it issued. VCAT agreed that there had been a material mistake in issuing the permit and agreed that the permit be cancelled.
Did the council comply with key legislative, planning scheme and other requirements? 75 Recommendations 12. In making planning decisions, the council should endeavour to achieve an appropriate balance between its objective of promoting economic development and its other objectives of sustainability, protecting heritage and environmental assets and amenity, and involving the community in planning decisions. In undertaking its planning function, the council is obliged under the Planning and Environment Act 1987 to give consideration to the relevant legislative and planning scheme requirements (including the overall objectives of the scheme) before making decisions on applications for planning permits. 13. The council should also: develop a more constructive and cooperative relationship with other government agencies and bodies which have an interest in planning decisions (such as the Department of Sustainability and Environment and Heritage Victoria) attempt to resolve contentious issues through a consultation process with objectors, rather than issuing permits and dealing with objections at VCAT adequately support its decisions with a planning report that fully addresses the requirements of the planning scheme and relevant legislation. RESPONSE provided by Glenelg Shire Council Recommendations are agreed. Council gives a commitment to consider an appropriate balance between its objective of promoting economic development and its other objectives of sustainability, protecting heritage and environmental assets and amenity, and involving the community in planning decisions. Due consideration will be given to the relevant legislative and planning scheme requirements. In-house planning staff are establishing working relationships with a range of government agencies and bodies.
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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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Page 81 and 82: 80 Did the council have appropriate
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Page 125 and 126: FIGURE C1: AUDIT CASE STUDIES INDEX
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