Agenda item

Review of Planning Delegations

Minutes:

SUMMARY

The report outlines proposed amendments to the conditions in the current planning delegations from the Council to officers in accordance with the Planning and Environment Act 1987. These amendments are informed by recommendations from Operation Sandon and align with the best practices of routinely updating delegations to support effective governance.

The current planning delegations have been in operation since 2016, and since then there have been notable changes in the political, economic, and planning landscape, including increased planning application volumes, population growth, housing challenges, and a more complex planning framework.  In addition, there has been a significant rise in construction costs which has resulted in the current planning delegations capturing low scale planning applications and are considered to be outdated.

The proposed changes to the planning delegations will ensure Council will still oversee major applications that influence long-term strategic planning and applications which generate community interest, while granting delegation to officers for applications with less economic significance, low community interest or where applications are consistent with approved plans.

The proposed changes relate to the Instrument of Delegation for the Planning and Environment Act 1987. There are no other changes to the Instrument of Delegation associated with this report. The proposed changes, shown by way of “track changes” in Attachment 1 to the report update planning delegations following recommendations from Operation Sandon and align with best practice.

Council is asked to approve the updated Instrument.

 

Cr Higgins moved a motion alternate to that printed in the agenda.

In accordance with Governance Rule 29.1, Cr Higgins, Cr Heenan,
Cr McAllister, Cr Skelton, Cr Child, Cr Cox, Cr Fullagar and Cr Todorov spoke to the Motion.

 

Moved: Cr Higgins
Seconded: Cr Heenan

That Council in the exercise of the powers conferred by the legislation referred to in the Instrument of Delegation included at Attachment 1, Council resolves that:

1.         The delegations made to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff be approved, subject to the conditions and limitations specified in that Instrument.

2.         That the delegations are modified to reflect the following changes:

a)        Increase the automatic call-in triggers for the cost of development from $3 million to $5 million for a planning application and for an amendment to an existing planning application, where the value of additional works is greater than $5 million.

b)        Delegate decisions to Council officers where the application is generally consistent with the approved Former Lilydale Quarry Comprehensive Development Plan (CDP).

c)         Delegate any applications for Certificates of Compliance under Section 97N of the Planning and Environment Act 1987 to officers.

d)        Delegate all applications for covenant variations or removal to officers.

e)        Minor changes are also proposed for the call in/call out process to align both processes to require the mayor and two other councillor signatures including the ward councillor.

f)          Consider multi-signatory objections and/or petitions to be counted as multiple objections.

3.         The Instrument comes into force immediately the common seal of Council is affixed to the Instrument.

4.         On the coming into force of the Instrument all previous delegations to members of Council staff (other than to the Chief Executive Officer) are revoked.

5.         The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

 

6.         Amend page 163 of Council Agenda - Attachment 1 Proposed Changes to S6 Instrument of Delegation Council to Staff August 2024, section D to delete an error in reference to the Deputy Mayor. The sentence should read - The power to determine any application or other matter normally determined by Council under Conditions A and B may be delegated to the Manager Planning and Building by written notice.

The motion was Carried.

 

Cr Higgins called for a division.

In Favour: Cr Higgins, Cr Heenan, Cr Cox, Cr Fullagar and Cr McAllister.

Against: Cr Skelton, Cr Todorov and Cr Child

Absent: Cr Eastham

 

 

 

 

Supporting documents: