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

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Did the council have appropriate management arrangements for the delivery of its planning services? 83 The council completed its second triennial review of its Municipal Strategic Statement (MSS) in February 2005. The review involved extensive consultation with key stakeholders and the community. As part of this consultation process, a number of emerging issues were identified and their impact on land use and development in the shire was assessed. The council has yet to report the findings of this review to the Minister for Planning as required by section 12B (5) of the Planning and Environment Act 1987. Figure 4B outlines the key findings from the most recent MSS review. FIGURE 4B: MUNICIPAL STRATEGY STATEMENT REVIEW – KEY FINDINGS Consultation on current MSS Heavy weight given to economic development at expense of heritage and environment decisions. Objectives, strategies and policies not applied in planning decisions. Destruction of native vegetation not addressed. Planning policy failed to achieve conservation objectives. Need policy to stop ad hoc submissions, especially along road frontages and coastal areas. Emerging issues Development pressures present significant challenges in terms of managing urban growth; rural land use; coastal protection; economic and social development; and environmental, heritage and cultural preservation. The council needs a robust strategic base to guide future planning and development. Performance of MSS Consistent with state planning policy. Local planning policy requires review. Policies need to clearly outline the council’s position and provide practical guidance in the day-to-day decision-making on matters in the planning scheme. Gaps in scheme: errors in heritage overlay; planning policy recognition of Aboriginal cultural heritage; coastal planning and application of development plan overlay. Source: Glenelg Shire Council, MSS 3-year Review Report and Consultation Reports, February 2005. The council, through its current MSS review, has identified the need for further work to improve the planning scheme, including the redrafting of the MSS. The council has prepared a detailed program to undertake this work. 4.3.2 Improving the planning scheme: How the council approves amendments As part of its broader strategic framework, the council is responsible for making sure that the planning scheme works and complies with both local and state planning policies. To do this, the council must make timely changes to the planning scheme to improve its operation, address issues which come to the council’s attention, and correct any mistakes and ambiguities.
84 Did the council have appropriate management arrangements for the delivery of its planning services? Deciding to change a planning scheme is a significant decision because it affects the way in which land can be used and developed. Amendments to planning schemes take several months and involve: assessing requests seeking authorisation from the Minister for Planning to prepare the amendment (requirement since 23 May 2005) processing the amendment which, in some cases, can involve referring the amendment and submissions to an independent panel appointed by the Minister for Planning35 adopting the amendment or adopting and approving the amendment if authorised by the Minister for Planning. Since the approval of the scheme in 1998, 12 amendments have been prepared by the council. These have followed council decisions to re-zone land, correct mistakes in the scheme and introduce new strategic directions – for example, the wind energy project. Of those 12 amendments: 6 have been approved and changes incorporated into the scheme 3 have lapsed 3 are on hold. Apart from these amendments, 7 more amendments have been prepared directly and approved by the Minister for Planning. One further amendment prepared by VicRoads has also been approved. A council is not bound by a panel’s recommendation. However, it must consider the report. If a council then decides to adopt an amendment contrary to the panel’s recommendation, it must give reasons to the minister for doing so. There is no right of review if the minister rejects an amendment submitted for approval by council. Amendments to the planning scheme: Case study 12 The following case study shows how the council made an invalid decision to amend its planning scheme. Its failure to act on the issues raised by the Victorian Government Solicitor, has resulted in the amendment lapsing. This amendment proposed a new council MSS. 35 This can be done if the council does not either change the amendment in the manner requested by the submission/s or abandons the amendment. Refer Planning and Environment Act 1987, section 23(1).
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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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Community planning services in Glenelg Shire Council : 1998-2005 ...

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