THE ROLE OF THE SPECIAL PLANNING COMMITTEE IN THE

							 THE ROLE OF THE SPECIAL
  PLANNING COMMITTEE
    IN THE STATUTORY
   PLANNING PROCESS
(As Amended September 2002)




            1
                    CONTENTS



1.   INTRODUCTION                                 3


2.   THE STATUTORY PLANNING PROCESS -
     THE HOBSONS BAY APPROACH                     3
     2.1 Introduction                             3
     2.2 The Consultation and Mediation Process 3


3.   THE ROLE, STRUCTURE AND COMPOSITION
     OF THE SPECIAL PLANNING COMMITTEE            5
     3.1 Terms of Reference                       5
     3.2 Referral of Matters to the Council for
         Determination                            6


4.   GUIDELINES FOR PUBLIC SUBMISSIONS            6


5.   MODEL AGENDA                                 7




                         2
1.    Introduction:

      The Special Planning Committee has been operating since the formation of the
      Hobson’s Bay City Council and has played an important role in facilitating decision
      making on planning issues. The Committee has delegated powers with respect to the
      determination of planning permit applications.

      The Committee was established primarily to determine planning permit applications
      which had attracted significant third party objections, or which raised major policy
      issues, and which fell outside the powers of officers to determine under delegation.

      The Committee’s role however, has evolved into an integral part of the consultative
      processes, which forms the basis of the Council’s approach to dealing with planning
      issues. The Committee has provided the opportunity for applicants and objectors to
      present their views in an informal forum. The delegated powers available to the
      Committee have also assisted in decision-making processes.

      This paper outlines the current structure for the operation of the Committee and seeks
      to place this within the context of the approach to dispute resolution in planning,
      adopted by the Council’s Town Planning Department.

2.    The Statutory Planning Process - The Hobson’s Bay Approach

2.1   Introduction:

      Statutory planning plays a significant role in achieving the successful implementation of
      the Council’s corporate objectives and strategies. The Town Planning Department has
      adopted a specific approach to the delivery of statutory planning services, which seeks
      to complement the Council’s Corporate Plan. In general terms, this approach
      emphasises consultation, mediation and the achievement of desired land use and
      development outcomes.

      The Department is committed to effective consultation with the community on planning
      issues and where appropriate, attempts to mediate between parties when a dispute on
      a planning application arises.

2.2   The Consultation and Mediation Process:

      The attached Guidelines for processing Planing Permit Applications outlines the
      process adopted by the Town Planning Department in consulting and mediating in
      planning matters. The process is summarised in the following flow chart (Figure 1).




                                               3
Figure 1


           Process for Consultation and Mediation
            in the Statutory Planning Process
                               Pre Application Consultation

                                    With Town Planners

                                Nominated Applications for

                               Consultation with Community



                                Application Submitted with

                                Statement that Consultation

                               Carried Out & Demonstration

                              How the Application addresses

                                        the issues.



                                 Application Processed in

                                  accordance with normal

                               Statutory Processes including

                                  Notification if Required.



                               If objections received proceed

                               to mediation with appropriate

                                          officers.



                                 Application determined in

                                accordance with delegated

                               power by either officer or SPC



It will be noted that the emphasis is on encouraging applicants to consult with the local
community prior to the submission of a formal application. Council’s Town Planners
can play a role in this process by providing advice on design, policy and procedural
matters. In circumstances where objections to applications are received, officers seek
to mediate between the parties.


                                         4
3.    The Role, Structure and Composition of the Special Planning Committee

      The primary role of the Special Planning Committee is to determine applications for
      planning permits which have attracted a significant number of third party objections
      where these have not been resolved through normal consultation and mediation
      processes.

      The Committee also provides the opportunity for parties involved in planning disputes
      to present their arguments to Council representatives as part of the Committee’s
      deliberations on the application.

      In general terms, matters which would be referred to the Committee would be as
      follows:-

      *    Applications which attract more than seven objections and the objections have
           not been resolved through mediation.

      *    Applications which are of a major nature or which raise policy issues.

3.1   Terms of Reference:

      The Committee comprises three (3) Councillors, one being a permanently appointed
      Chairperson and the remaining two (2) determined via a roster that is established
      annually and revised from time to time.

      With regard to the chairing of the committee the following apply:

      •    The chair of the committee will be appointed by the Council for a 6 month
           term.

      •    Chairman has primary responsibility for chairing the meeting, and should not
           normally move or second a motion, however, can do so in cases of split
           decisions.

      •    No other Councillor can be prevented from attending, however attendance is
           limited to being an observer and cannot vote.

      Other operational issues are:

      •    A quorum of 3 is required. If a Councillor is unable to attend, a delegate is to
           to arranged by that Councillor in advance of the meeting commencing.

      •    The Committee meets at 5:30pm on Thursday or otherwise as required.

      •    The Committee considers:

           ⇒     Applications which attract more than seven objections and the objections
                 have not been resolved through mediation.

           ⇒     Applications which are of a major nature or which raise policy issues.

           This Committee exercises delegated powers as a responsible authority under the
           Planning & Environment Act 1987, in accordance with the Schedule of Delegation
           attached to this document.

3.2   Referral of Matters to the Council for Determination:




                                               5
     While the Committee has delegated powers to determine applications, it has exercised
     these powers with discretion and on the understanding that certain matters should be
     referred to the Council for determination. The criteria for referring matters to the
     Council are as follows:

     -    Applications which are of a sensitive or controversial nature.

     -    Applications which are of a major nature.

     -    Applications which raise major policy issues.

     In these circumstances, the merits of a particular issue would be considered by the
     Committee which would present a recommendation to the Council.

     Other matters which will need to be referred to the Council relate to the preparation,
     consideration and adoption of planning scheme amendments. Powers in relation to
     these matters have not been delegated to officers or the Special Planning Committee.

     The preparation and adoption of planning policies would also continue to be presented
     to Council for consideration and adoption.

4.   Guidelines for Public Submissions to Special Planning Committee:

     Council provides the opportunity for members of the public to address the Special
     Planning Committee and in certain circumstances Council meetings. The following
     guidelines have been prepared to assist members of the public in presenting
     submissions at these forums:-

     ∗    public submissions are to be limited to a maximum of five minutes;

     ∗    where there is a common group of people wishing to make a submission on the
          same matter, it is recommended that a representative speaker be nominated to
          present the views of the group;

     ∗    all public comment must be made prior to commencement of any discussion by
          the Committee or Council;

     ∗    any person accepting the Chairperson’s invitation to address the meeting shall
          confine themselves to the subject under consideration;

     ∗    questions and responses can be made at the conclusion of the submissions, but
          must be directed through the Chairperson;

     ∗    people making submissions shall address the meeting as a whole and any
          discussion shall be conducted at the conclusion of submissions;

     ∗    members of the public shall be excluded from the meeting of the Committee or
          Council during consideration of confidential business; and

     ∗    the provisions of these guidelines shall be made known to all intending speakers
          and members of the public generally prior to the commencement of each
          Committee or Council meeting.

5.   Model Agenda:

     1.   Meeting declared open.




                                              6
2.    Chairman introduces committee members, Manager of Urban Planning and
      planning officers.

3.    Chairman comments on SPC’s role ie. To consider report, objectors and
      applicants comments and decide on application. Whilst a recommendation is
      included in officers report, SPC may accept, amend or propose alternative
      resolution.

4.    Chairman describes proceedings ie. Officer will present report, objectors will be
      given opportunity to speak and lastly applicant.

5.    Chairman comments that all remarks and submissions are to be made through
      and to chair, not across table at officers or other participants. Submissions to be
      limited to 5 minutes and to focus on planning issues.

6.    Apologies (if any) noted.

7.    Pecuniary interests (if any) declared.

8.    First item introduced and attendees invited to join SPC at table

9.    Officer invited to present report.

10.   Questions, if any, from Councillors.

11.   Objectors invited to make submission to chair.

12.   Questions, if any, from Councillors.

13.   Applicant invited to present submissions and may respond to any objectors
      remarks.

14.   Questions, if any, from Councillors.

15.   Motion or amended motion moved by SPC member.

16.   Motion Seconded.

17.   Motion put and voted on.

18.   Chair advise gallery of the appeal rights and process.

19.   Participants thanked for their attendance.

20.   Next item introduced and attendees invited to table, or if no other items meeting
      declared closed.




                                           7