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

90 Did the council have appropriate management arrangements for the delivery of its planning services?
4.5 Delegation of authority for planning decisions
The Act 41 requires that planning permits are only to be issued by members of
the council or by a staff member under delegated authority.
It is normal practice for councils to assign authority for making planning
decisions according to the risk associated with the decision.
Most planning permit applications are routine – for example, construction of
extensions, verandahs and sheds. As these permits are low risk, responsibility
for their issue is usually delegated to junior planning officers, without the
need for senior approval.
Applications dealing with moderately large and complex developments, or
moderately sensitive issues, usually require approval by senior management or
the chief executive officer. Applications involving large complex developments
or very sensitive issues are generally referred to council for consideration and
approval. These delegations are usually outlined in a formal delegation
schedule.
Our examination of the exercise of council’s power to delegate authority 42
disclosed that the planning contractor, in his role as a member of council staff,
had been assigned responsibility for approving all planning decisions.
In councils generally, senior council officers and/or council often become
involved in a planning decision when objections have been submitted.
Objections function as a “trigger” for their involvement. However, as the
planning contractor commonly approved applications without notifying
persons such as adjoining landowners who may be affected by the proposal
(refer to part 3.3 of this report), there was little community awareness of
proposed developments, and so fewer objections resulted.
4.5.1 Conclusion
Council members are responsible for all planning permit decisions within the
parameters of the Planning and Environment Act 1987. They have the power to
delegate this authority to whomever they see fit. In transferring their
authority to one individual, without any real oversight or approval process,
they create a number of significant risks.
41 Planning and Environment Act 1987 and Local Government Act 1989.
42 The delegations covered all duties, functions and powers which were the responsibility of the council
under the Planning and Environment Act 1987, Planning and Environment Regulations 1998, Planning
and Environment (Fees) Regulations 2000 and Subdivision Act 1988.