Murrindindi Shire Council planning staff are likely to have more power in respect to planning permit after a meeting of Councillors due to be held in Yea on Wednesday night (Jan. 22).

The officers have prepared a report for Councillors with a recommendation that some powers regarding the issuing of permits be handed over from the elected Councillors to the paid staff.

The staff acknowledge that this matter has not involved community consultation to date.

“This report seeks Council’s endorsement to increase the delegated powers to officers to issue a planning permit in cases where there a single objection has been received, without requiring referral for Council decision,” say the officers.

Under the proposal, planning matters would go before Councillors if there were two or more objections.

“Under current delegations, planning officers can only decide to issue a planning permit if an application has received no objections,” says the report.

“If one or more objections are received (and not withdrawn), the application is determined by Council resolution, with officer recommendations.

“In addition, officers are not delegated powers to refuse a planning permit.

“To improve efficiencies for the applicant and officers Council has been considering increasing the powers of officers to be able to issue a planning permit without requiring Council resolution in cases where there has been a single objection to the application.

The majority (59 per cent) of the planning applications received with objections involve a single objector, Councillors are being advised

“It is noted that in all cases where there are objections to a planning application, officers attempt to resolve the issues with the objector and applicant as part of the application assessment process. This can often result in an objection being withdrawn,” says the report.

“The extra requirements for officers in referral of planning applications to Council involve the preparation of briefing documents, attendance at council briefings, preparation of reports for council meetings and attendance at council meetings.

“The process can also add to the timeframe for the applicant in obtaining a decision and place an onus on the applicant and objector to attend and present at council meetings.

“A review of planning delegations at other neighbouring councils (not including outer metro councils where there is more development pressure), indicates that the threshold for referral of planning applications for council decision is a lot higher than at Murrindindi, as shown below:
• Mansfield – 5 or more objectors referred to Council, otherwise officers decide
• Mitchell – 4 or more objectors referred to Council, otherwise officers decided
• Benalla – 5 or more objections referred to Council, otherwise officers decide
• Strathbogie – 6 or more objections referred to Council, otherwise a delegated Committee decides.

“In order to improve the efficiency and timeliness for planning applicants and improve internal efficiencies it is proposed to increase the delegations of officers (including Director Assets and Development, Manager Development Services and Coordinator Planning) to determine applications where one objection has been received and not withdrawn, and where the decision will result in the issuing of a permit.

“It is not proposed to change the delegation where the officer assessment is to refuse a planning permit. In these cases the decision will continue to be determined by council resolution with officer recommendation.

“To safeguard against any concerns Council may have in relation to any particular application with a single objector, mechanisms can be established to enable Council to ‘call in’ an application for Council’s decision providing an officer assessment has been completed and an officer report and recommendation is provided to Council.

“Given all of the above, it is recommended that Council increase the planning delegations for the granting of planning applications by amending the S6 Instrument of delegation.

“The change to the planning delegations proposed in this report is designed to improve efficiencies for planning applicants and officers.

“It is recognised that this decision will reduce the opportunities for a single objector to directly address Council as part of a planning application determination process.

“Nevertheless, the changes proposed brings Council more in line with established practice is neighbouring Councils and safeguards will be established for Council to ‘call in’ an application for Council determination where the nature, complexity or sensitivity of the application may warrant this.

“In most cases, an objector has an opportunity to make an application to the Victorian Civil Appeals Tribunal for review of a planning decision of Council,” the report says.