Central Coast Council
Ordinary Council Meeting
Attachments
Tuesday 14 September 2021
Ordinary Council Meeting 14 September 2021
Central Coast Council
ATTACHMENTS PROVIDED UNDER SEPARATE COVER to the
Ordinary Council Meeting
To be held Remotely - Online,
on Tuesday 14 September 2021
Commencing at 6.30pm
INDEX
Procedural Items
1.2 Confirmation of Minutes of Previous Meeting
Attachment 1: MINUTES - Ordinary Council Meeting - 24 August 2021...................... 3
Attachment 2: MINUTES - Extraordinary Council Meeting - 7 September 2021....... 7
Reports
2.1 Waterfront Addressing
Attachment 1: Waterfront Addressing Council Report 23 March 2021......................... 9
Attachment 2: Waterfront Addressing Overview Map......................................................... 14
2.2 Request to prepare a Planning Proposal for 437 Wards Hill Road, Empire Bay
Attachment 1: Planning Proposal Assessment Report......................................................... 15
Attachment 2: Planning Proposal Strategic Assessment..................................................... 25
Attachment 3: Local Planning Panel Advice.............................................................................. 47
2.3 Policy for Development Application Functions
Attachment 1: Matters Raised During Consultation - Policy for Development Application Functions............................................................................................ 48
Attachment 2: Policy on Assessment of Development Applications Aug 2021 - Policy for Development Application Functions...................................................... 55
2.5 Meeting Record of the Social Inclusion Advisory Committee meeting held 28 July 2021
Attachment 1: Social Inclusion Advisory Committee Terms of Reference - Updated August 2021............................................................................................................... 63
1.2 |
Confirmation of Minutes of Previous Meeting |
Attachment 1 |
MINUTES - Ordinary Council Meeting - 24 August 2021 |
Central
Coast Council
Ordinary Council Meeting
Held Remotely – Online
24 August 2021
MINUTES
Present
Rik Hart
In Attendance
David Farmer Chief Executive Officer
Boris Bolgoff Director Infrastructure Services
Natalia Cowley Director Corporate Affairs and Chief Financial Officer
Scott Cox Director Environment and Planning
Jamie Loader Director Water and Sewer
Julie Vaughan Director Community and Recreation Services
Notes
The Administrator, Rik Hart, declared the meeting open at 6.31pm and advised in accordance with the Code of Meeting Practice that the meeting was being recorded.
The Administrator, Rik Hart acknowledged the traditional custodians of the land on which the meeting was being held, and paid respect to Elders past, present and emerging.
The Administrator updated the meeting on recent activities of Council.
The Administrator, Rik Hart adjourned the meeting at 6.50pm and advised the meeting would resume following the conduct of the Open Forum.
The Open Forum commenced at 6.50pm with the speakers addressing the Council on each of the subjects below;
· Lina Nguyen - Road Safety in the Bays
- Council Rates for the Bays Community Hall
The Open Forum closed with the Ordinary Meeting resuming at 7.02pm.
1.1 Disclosure of Interest |
Time commenced: 7.02pm
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Moved: Rik Hart
217/21 Resolved
That Council notes the report on Disclosure of Interest and the fact that no disclosures were made.
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1.2 Confirmation of Minutes of Previous Meeting |
Time commenced: 7.03pm
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Moved: Rik Hart
218/21 Resolved
That Council confirms the minutes of the Ordinary Meeting of Council held on 10 August 2021.
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1.3 Notice of Intention to Deal with Matters in Confidential Session |
Time commenced: 7.03pm
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Moved: Rik Hart
219/21 Resolved
That Council notes that no matters have been tabled to deal with in a closed session.
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Procedural Motion:
That Council resolves that Item 2.4 be considered prior to Item 2.3 with the remaining items to be in Agenda order.
2.1 Central Coast Water Security Plan |
Time commenced: 7.04pm
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Moved: Rik Hart
220/21 Resolved
1 That Council approves the Draft Central Coast Water Security Plan to proceed to public exhibition; and
2 That a final report comes back to Council following public exhibition detailing feedback prior to the Plan being submitted to the Department of Planning, Industry and Environment.
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2.2 Variations to Development Standards - January to June 2021 Period |
Time commenced: 7.15pm
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Moved: Rik Hart
221/21 Resolved
That Council notes the report on Variations to Development Standards - January to June 2021.
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2.3 Monthly Financial Report - July 2021 |
Time commenced: 7.36pm
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Moved: Rik Hart
222/21 Resolved
That Council notes the report Monthly Financial Reports – July 2021.
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2.4 Draft Financial Report for year ended 30 June 2021 |
Time commenced: 7.24pm
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Moved: Rik Hart
223/21 Resolved
That Council notes the report Draft Financial Report for the year ended 30 June 2021.
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2.5 Investment Report for July 2021 |
Time commenced: 7.45pm
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Moved: Rik Hart
223/21 Resolved
224/21 Resolved
1 That Council notes the Investment Report for July 2021;
2 That Council notes that internally restricted funds are unrestricted funds that have been internally allocated to a certain purpose; and
3 That Council allocates sufficient internally restricted funds to meet its July 2021 unrestricted funds deficit of $81M as set out in this report.
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The Administrator acknowledged Ms Sarah Georgiou, Section Manager Civic Support, as this was her last Council Meeting at Central Coast Council and thanked her for her work.
The Meeting closed at 7.52 pm.
Confirmation of Minutes of Previous Meeting |
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Attachment 2 |
MINUTES - Extraordinary Council Meeting - 7 September 2021 |
Central
Coast Council
Extraordinary Council Meeting
Held Remotely - Online
07 September 2021
MINUTES
Present
Rik Hart
In Attendance
David Farmer Chief Executive Officer
Boris Bolgoff Director Infrastructure Services
Natalia Cowley Director Corporate Affairs and Chief Financial Officer
Scott Cox Director Environment and Planning
Jamie Loader Director Water and Sewer
Julie Vaughan Director Community and Recreation Services
Notes
The Administrator, Rik Hart, declared the meeting open at 12.01pm and advised in accordance with the Code of Meeting Practice that the meeting was being recorded.
The Administrator, Rik Hart acknowledged the traditional custodians of the land on which the meeting was being held, and paid respect to Elders past, present and emerging.
1.1 Disclosure of Interest |
Time commenced: 12:02PM
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Moved: Rik Hart
225/21 Resolved
That Council notes the report on Disclosure of Interest and the fact that no disclosures were made.
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2.1 Central Coast Council's pricing proposal to IPART for its water, sewerage and stormwater drainage prices from 1 July 2022 |
Time commenced: 12:03PM
Mr Kevin Brooks addressed the meeting at 12.05pm
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Moved: Rik Hart
226/21 Resolved
1 That Council endorses the process for the preparation of the draft pricing proposal to the Independent Pricing and Regulatory Tribunal (IPART) for its water, sewerage and stormwater drainage prices from 1 July 2022.
2 That Council delegates approval to the Chief Executive Officer to sign off the final pricing proposal and Council’s Annual Information Return (AIR), in line with IPART’s pricing submission guidelines.
3 That Council resolve, pursuant to section 11(3) of the Local Government Act 1993, that Attachments 1-11 remain confidential in accordance with section 10A(2)(d)(i) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it and because consideration of the matter in open Council would, on balance, be contrary to the public interest as it would affect Council’s ability to obtain value for money services for the Central Coast community.
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The Meeting closed at 12:36pm.
Waterfront Addressing |
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Attachment 1 |
Waterfront Addressing Council Report 23 March 2021 |
Item No: 3.7 |
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Title: Waterfront Addressing |
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Department: Corporate Affairs |
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23 March 2021 Ordinary Council Meeting |
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Reference: F2004/00552 - D14484474
Author: Roslyn Young, Section Manager
Sharon Gawne, Unit Manager
Executive: Natalia Cowley, Director, Corporate Affairs
Report purpose
To support the allocation of waterfront addressing to water access only properties which are within the Central Coast Local Government Area and located on the Hawkesbury River and associated tributaries.
Executive Summary
As the designated local addressing authority, Council assigns property addresses in line with the Australian/New Zealand Standard 4819:2011 - Rural and Urban Addressing; NSW Address Policy and NSW Retrospective Address Policy.
This report focuses on the water access only properties located on the Hawkesbury River and associated tributaries. The current addressing for these properties, (Lot # Hawkesbury River), is problematic for owners, residents, service providers and emergency services. It is also does not comply with the above standards and policies.
It is proposed to re-address these properties in accordance with Section 6.6 Principles for Water-Based Numbering of the NSW Address Policy and User Manual (October 2019).
There are approximately 550 properties to be re-addressed. |
Corporate Affairs Recommendation
2 That Council commence 28-day consultation period and seek comment from all affected property owners and other government departments.
3 That following the consultation period, a further report be provided to Council for the purpose of considering submissions received.
Background
The basis for addressing is to enable timely location of properties for service providers and emergency services. A complete address is also required for business transactions such as:
- application for passports
- drivers licences
- telephone/NBN and energy connections
- swimming pool registrations.
Council allocates addresses in accordance with Australian/New Zealand Standards AS/NZS 4819:2011 – Rural and urban addressing, NSW Address Policy and NSW Retrospective Address Policy. The principles of these policies are outlined in the NSW Address Policy and User Manual (October 2019).
The former Gosford City Council commenced preliminary consultation with affected property owners prior to amalgamation, who were predominately in favour of the waterfront addressing and highlighted difficulties encountered through the absence of a formal address.
The subject properties are located on the
- Hawkesbury River,
- Patonga Creek,
- Mullet Creek and
- Mooney Mooney Creek.
These properties fall within the suburbs of
- Patonga,
- Little Wobby,
- Wondabyne,
- Cogra Bay,
- Mooney Mooney Creek,
- Bar Point and
- Marlow.
Current Status
Properties located on the Hawkesbury River and tributaries are currently addressed in Council’s property system as Lot # Hawkesbury River. In many instances, duplicate lot numbers exist, which has resulted in confusion for emergency services and many service providers.
In addition, the use of localised terminology for property identification has been adopted over time by some communities within the subject areas. Whilst valuable for preserving the history and maintaining uniqueness of these areas, localised terminology is non-compliant with the above standards and policies and can cause confusion.
Council has received requests and complaints from residents who are unable to complete business transactions that require a complete address. The use of lot numbers as a house number has proven to be incompatible with the format of many government and private organisation databases. This has resulted in difficulty for many residents to perform daily transactions such as applying for a driver’s licence or connecting to NBN.
Australia Post has also advised of problems with the redirection of mail as the current address format does not meet the standards.
Report
Alignment with the above standards and policies enables Council to apply a consistent methodology across all affected properties in the Hawkesbury River and its tributaries. This will ensure a system suitable for timely identification of properties and especially emergency response.
The following guiding principles and methodology as outlined in the NSW Address Policy and User Manual, have been used to determine the format of the proposed waterfront addresses:
· Water based addressing is applied to properties accessible by water only
· The river/creek name is adopted in lieu of a road name
· Properties accessible by water and a named road are addressed to the named road
· The gazetted suburb is adopted as the locality
· Each property is allocated a unique house number based on its distance from the zero datum point of the respective river/creek;
· Zero datum point is established at the centre of the river/creek mouth with numbering increasing upstream from that point
· Formula for the house number is derived by dividing the distance (metres) by 10 and rounding to the nearest number.
(Section 6.6 Principles for Water-Based Numbering - Section 6.6.1 Water Access, Section 6.6.2 Use of Water Name, Section 6.6.3 Sequence, Section 6.6.4 Datum Point for Waterways).
Sample address: 600 Hawkesbury River, PATONGA, NSW, 2256
In the above example, the property is 6000m (6km) from the zero datum point at the mouth of the Hawkesbury River.
To note, distance calculations have been based on the river/creek centrelines as opposed to the shoreline. Chainage points at 500m intervals were calculated along each of the centrelines from the respective zero datum points. Properties have been allocated house numbers based on their proximity to their respective centreline.
Zero-datum points have been established as follows:
- Hawkesbury River – zero datum point was established due south of the approximate centre of Lion Island where it intersects with the centreline at the mouth of the Hawkesbury River;
- Patonga Creek - zero datum point was established near the approximate centre at the mouth of the creek;
- Mullet Creek - zero datum point was established where the creek centreline intersects with the Hawkesbury River centreline;
- Mooney Mooney Creek – zero datum point was established where the creek centreline intersects with the Hawkesbury River centreline;
- Marlows Gully – zero datum point was established near the approximate centre at the mouth of the creek;
The above methodology was applied using geo-referenced spatial data to calculate creek centrelines, zero datum points, total and cumulative distances and allocate proximity based house numbers. (See Attachment 1 – Waterfront Addressing Overview Map)
Properties that are accessible by water and a named road exist in the suburb of Bar Point only. There are a total of 114 properties, all of which are proposed to be addressed to Kalinda Road.
Sample address: 114 Kalinda Road, BAR POINT, NSW, 2083
Consultation
Discussions have been held with the NSW Department of Customer Service, Spatial Services section to determine priority and methodology which is consistent with the NSW addressing direction and advice.
Comments are to be sought from other Government Departments during the formal 28-day consultation period. The geo-referenced spatial data model on which calculations have been based will be provided for comment and information. This data model can be ingested with other departmental data to enable better location management and timely response.
Comments are to be sought from affected property owners during the formal 28-day consultation period. Each property owner will be provided a letter with their proposed address and respective maps.
Financial Impact
At its meeting held 19 October 2020, Council resolved the following:
1108/20 That any motions put before Council for the remainder of this term of Council that have financial implications require the Chief Executive Officer to provide a report on how those additional costs will be met.
The following statement is provided in response to this resolution of Council.
The recommendation does not impact on Council’s financial position.
Link to Community Strategic Plan
Theme 1: Belonging
Goal A: Our community spirit is our strength |
A1: Work within our communities to connect people, build capacity and create local solutions and initiatives. |
Options
Option 1
Adopt waterfront addressing for properties along the Hawkesbury River and its tributaries in accordance with Australian/New Zealand Standard 4819:2011 - Rural and Urban Addressing; NSW Address Policy and NSW Retrospective Address Policy.
Option 2
Do nothing. Addressing anomalies and difficulties will remain.
Attachments
1 |
Waterfront Addressing Overview Map |
Provided Under Separate Cover |
D14515603 |
2.2 |
Request to prepare a Planning Proposal for 437 Wards Hill Road, Empire Bay |
Attachment 1 |
Planning Proposal Assessment Report |
Request to prepare a Planning Proposal for 437 Wards Hill Road, Empire Bay |
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Attachment 2 |
Planning Proposal Strategic Assessment |
Request to prepare a Planning Proposal for 437 Wards Hill Road, Empire Bay |
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Attachment 3 |
Local Planning Panel Advice |
2.3 |
Policy for Development Application Functions |
Attachment 1 |
Matters Raised During Consultation - Policy for Development Application Functions |
Matters Raised in Consultation Responses
In accordance with the resolution of Council at the Ordinary Meeting of 3 February 2021, the Draft Policy on the Assessment of Development Applications was placed on community consultation for a period of 28 days
The consultation period commenced in early March 2021 and concluded on 7 April 2021. Three submissions were received during this consultation period.
The following table represents a summary of the substantive issues raised in the responses to the consultation, along with comment from Council officers
Note that, where appropriate, amendments have been made to the draft Policy to reflect issues raised in comments, or to provide clarity.
Matter Raised During Consultation
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Response |
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Councils draft policy states that:
“If an application is deemed deficient it may be rejected” and “As a rule, Council will not request additional information on an application”
This criteria is too subjective, where Clause 50 of the Environmental Planning & Assessment Regulations 2000 sets out the information that is required to be submitted with an application.
The cost of DA preparation is costly and time consuming. There are also contractual and financial obligations/arrangements on the applicant’s side. The way the draft Policy is worded there is no certainty an application will be accepted. The policy needs to identify what a ‘deficiency’ is.
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The Policy has been amended to clarify the difference between the pre-lodgement/lodgement process and the application assessment component.
The component that relates to lodgement of Development Applications includes specific reference to the requirements of the applicant to ensure that applications are: · Made in accordance with Clause 50 of the Environmental Planning & Assessment Regulation 2000; and · Contains all of the information required in Schedule 1 of the Environmental Planning and Assessment Regulation 2000.
Applications that are submitted to Council, but do not contain the required information may be rejected in accordance with Clause 51 of the Environmental Planning & Assessment Regulations 2000.
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Rejection of applications is a particular issue now that the ePlanning Portal is active. The ePlanning portal does not allow discussions to occur during the lodgement process.
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The implementation and operation of the ePlanning portal is not within the control of Council, and Council recognises the particular issues with delays in the portal as a result of lack of integration with Council systems. However, it is anticipated that the integration of the ePlanning Portal with Council systems will be complete by the end of 2021, resolving many of the delay issues currently being experienced.
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Council does not have enough time, staff or other resources for all applications to be the subject of pre-lodgement meetings. Pre-lodgement advice is often not provided in a timely fashion. As a result, possible rejection of an application is a major concern. The Policy places greater emphasis on pre-lodgement services. Council needs to consider how these services will be improved. The full impact of council’s recent restructure is not yet knows, it is not clear how these services will operate with reduced staffing.
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The concern is noted.
Current resourcing has resulted in reduced levels of service across a number of Council areas. Council aims to provide the most efficient pre-lodgement service and general planning advice service possible within the current resourcing arrangements. |
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The Policy should allow an applicant to seek deferral of an application to allow time or additional information to be obtained.
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Council disagrees with this approach. In the past, Council has permitted applicants to place applications ‘on hold’ whilst additional information has been sought – sometimes for many months for matters such as flood studies or ecology surveys – and in some cases complete re-designs that have taken more than a year. This has resulted in, at times, a significant number of applications sitting ‘in the system’ but not capable of being resolved due to lack of information or on-going amendments as a result of issues not being identified at the outset.
Inevitably, this has resulted in complaints from applicants and industry groups, with the number of ‘old’ undetermined applications, or the overall number of applications ‘in the system’ being presented as evidence of slow processing times (even where a large number of applications are being held at the request of the applicant, awaiting additional information).
Councils approach will be, where information is likely to take a significant timeframe to prepare, to request that the application be withdrawn. If the applicant chooses not to withdraw the application, it will be determined based on the information available.
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KPI’s should not be met at the cost of development.
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Council has legislated timeframes within the Environmental Planning & Assessment Act 1979 (and associated Regulations) for the assessment and determination of applications. In addition, the NSW Department of Planning Industry & Environment, and the Minister for Planning, have set targets for Council in the assessment of a wide variety of applications. In some cases, grant funding and the like has been linked to hastening development application processing.
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Pre-lodgement records/minutes must carry more weight. If a pre-lodgement meeting is held and the applicant provides all documents requested, Council should not then request further information as part of the assessment process.
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Formal and informal Pre-lodgement meetings are undertaken often without all of the information being presented to Council officers – the level of detail is reliant on the applicant providing as much information and background about the proposed development as possible.
In terms of weight granted to pre-lodgement meetings. The draft Policy has been amended to provide that the Pre-Lodgement Minutes will be included as part of the assessment and provided as an attachment to any determining body (such as Local Planning Panel or Regional Planning Panel).
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Council need to consider providing a greater level of information on the website, especially mapping.
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Noted. As Councils website and electronic mapping systems are revised, additional information will be included. Council will also consider provision of more targeted information for particular development types. It is anticipated that the consolidated Local Environmental Plan, once finally gazetted, will simplify some of the planning content, with the entire Local Government Area moving to one Local Environmental Plan and Development Control Plan.
(note, there may be some information that Council is not capable of placing on the website, for reasons such as copyright/ownership).
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Greater involvement of external referral agencies in the pre-lodgement meeting process.
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Council does not currently have arrangements in place for incorporation of external referral agencies to be involved in formal pre-lodgement meetings. These agencies have their own arrangements for answering customer enquiries. Applicants are currently capable of making their own arrangements to seek advice on particular matters from specialist agencies for aspects that fall under their legislated area of responsibility.
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It is unclear how concerns of objectors or external referral agencies will be met if a Request for Information Letter cannot be used to request design changes.
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The intention for the Policy is that, where matters can be resolved within a short timeframe (ie less than 4 weeks) it will be Councils general practice to allow the applicant an opportunity to provide further information to overcome those concerns.
Where the matters raised by eternal referral agencies, or in submissions are insurmountable, or will take extensive time to resolve, the applicant will be requested to withdraw the application.
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If adopted, the Policy is likely to add further complexity and frustration to applications and may make it less desirable for developers to invest in the Central Coast.
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The concern is noted. The intention of the policy is to provide certainty and timeliness of application assessment. It is the view of Council that there is no benefit (to any party) in applications being submitted that are deficient in information, nor applications set aside ’on hold’ for extensive periods whilst additional information is gathered by the application, nor applications being ‘caught in the system’ for many months/years. The intention of the policy is to promote timely decision making.
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Appreciation of Council’s attempt to promote more efficiency in development assessment and encourage good-quality submissions. Doing so has the potential to use Council resources more productively to the benefit of the region, including the development sector. We are concerned, however, that the draft Policy focuses mainly on prescriptive requirements for applicants, without commensurate specific commitments from Council. The Policy should include Council response times.
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Prescriptive requirements for Council are set out in a range of legislative instruments, Ministerial Directions and the like, including: · Rejection of a development application within 14 days of lodgement (Clause 51 of the Regulations); · Request for additional information under Clause 54 of the Regulations to be made within 25 days if ‘stop the clock’ provisions to apply (Clause 109(2) of the Regulations); · Referral to concurrence agency within 14 days of lodgement (Clause 59(2) of the Regulations); · Forward submission to concurrence agency immediately after notification period (Clause 61(2) of the Regulations); · Referral to approval body for integrated development within 14 days of lodgement (Clause 66(2) of the Regulations); · Submission to approval body for integrated development immediately after notification (Clause 69(2) of the Regulations); · Notification to commence ‘as soon as practicable’ (Clause 77(1) of the Regulations); · Determination of Development Applications timeframes (Clause 106 of the Regulations) and ‘deemed refusal’ period (Clause 113); · Notice of Determination Registered on Planning Portal within 14 days (Clause 102(1)(a) of the Regulations); · Notification of determination to those that made a submission within 14 days (Clause 102(1)(b) of the Regulations · Matters under the Ministerial Directions, issued 30 June 2020 titled ‘Local Planning Panels Direction – Operational Procedures’ which states that a Panel may ‘call up’ any application older than 180 days (and similar provisions for the Regional Planning Panel); · Targets from the Department of Planning Industry & Environment under the various Accelerated Assessment Program activities aimed it hastening the pace of development assessment. · etc
There are already significant, measurable and targeted timeframes set out in legislation and a wide range of other programs, including Ministerial Directions and funding programs, for Councils. In addition, Council performance on a wide range of development assessment functions are reported quarterly and will soon be available for analysis via the Department ePlanning Portal. Council’s performance and timeframes are measured and reported.
There is no utility in providing a further set of timeframes within Council Policy. However, the draft Policy has been updated to reflect the timeframes set out in existing legislation/policy frameworks.
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The Policy’s overall focus should be on outcomes. Rather than creating more hurdles and reasons to say no, the Policy should empower Council staff to work with proponents to find solutions.
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The comments are noted. The two items do not have to be mutually exclusive. Council can still take measures to empower staff in decision making, and work with development sector partners to find workable solutions to issues, whilst still maintaining a more streamlined decision making process. |
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Expand Council’s quarterly reporting to include additional development categories as outlined in our submission, development-related Court actions, receipt of contributions and results of a survey on the DA process.
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Noted. It is anticipated that the current reporting for Development Assessment functions will be amended moving forward to provide more context on Development Application matters and trends. Noting that: · There are currently some legislated quarterly reporting requirements (number of applications that exceed development standards, for example); and · The Department of Planning Industry & Environment has flagged that there may be reporting changes moving forward as a result of the ePlanning Portal which, when fully functional, will provide ‘real time’ data and reporting on Council performance across various application assessment functions – potentially removing the need for quarterly written reporting to Council.
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Where possible, Council should utilise conditions of consent and/or require full detail prior to Construction Certificate, instead of requiring full detail at DA assessment.
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Agreed. Council has an internal practice of using consent conditions were appropriate to facilitate appropriate development assessment outcomes. |
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Insert “and Schedule 1” so that clause 9 will read: “9. A development application must be made in accordance with Clause 50 and Schedule 1 of the Environmental Planning and Assessment Regulation 2000.”
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The draft Policy has been amended to include appropriate references to Clause 50 and Schedule 1 of the Regulations. |
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Petition the LPP to accurately accommodate demand and ensure timeliness by either considering more than four proposals per meeting without the need to justify special circumstances, and/or planning more meetings as required by the DA pipeline.
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Council currently has a very good working relationship with the Local Planning Panel. It is noted that the Panel resolved (at the meeting of December 2020) to deal with no more than 4 matters per meeting. However, the Panel has been flexible in allowing additional matters, in having deferred matters referred to an ‘out of session’ meeting to avoid delays and also adding additional meetings if required to cater for an increase in application determination. The future workload of the Panel is managed in conjunction with the Panel Chair and a monthly updated is provided to the Panel on the number of anticipated matters that will be presented to the Panel.
The Panel has also delegated a number of minor matters back to Council staff, to avoid the need for some insignificant applications to go to the Panel.
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Consistent with Department’s Best Practice Guidelines, Council should provide appropriate and adequate resources to the pre-lodgement meeting process so that meetings can be arranged and then minutes issued in a timely manner. Clause 24 should be amended to read: “Council commits to providing clear, consistent and timely pre-lodgement advice”, and Council should commit to meeting best practice guidelines for response timeframes.
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The concern is noted.
Current resourcing has resulted in reduced levels of service across a number of Council areas. Council aims to provide the most efficient pre-lodgement service and general planning advice service possible within the current resourcing arrangements.
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Provide the opportunity for at least one (1) request for information (RFI) and its response, with the opportunity to discuss and respond to such matters prior to determination.
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The Policy does not prohibit the use of RFI letters (and responses) in their entirety. However, it does provide that, where matters are easily resolvable or can be provided in relatively short timeframe, they are an appropriate mechanism.
The Policy does promote ‘Clear and direct communication with applicants’. The intention is not to have applications ‘sitting around’ for many months whilst matters are amended, re-designed or studies are undertaken.
The draft Policy has been amended to provide some clarity, as follows:
‘As a rule, council will not request additional information on an application, unless the information is relatively straightforward and can be provided within a short timeframe (maximum 4 weeks).’
And, in order to provide clarity on the intention of the Policy, the following has been previously included:
‘Council will generally not place ‘on hold’ an application waiting for information or request amendments or additional information except where, in the opinion of the Manager (or their delegate), minor issues can be resolved in a short timeframe (less than 4 weeks).’
The use of RFI letters for matters that will take an extended period to resolve or where there are insurmountable obstacles to the success of an application, does not benefit any party.
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To improve Agency responsiveness, Council should advise all referral Agencies of its intention to adopt a Policy to streamline the DA process and undertake a performance agreement with Agencies, actively seeking their cooperation and assistance through the timely issue of Agency concurrence; invite relevant Agencies to attend pre-lodgement meetings; note to Agencies that Council has the power to consent to an application under Part 4, Div 4.8 of the Act if the Authority fails to issue its General Terms of Approval within the time provisions provided under Part 6, Div 3 of the Regulations; and exercise its authority under the Act & Regulations where comments have not been provided by referral Agencies within prescribed periods.
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Council proactively works with agencies in relation to referrals and there are legislated timeframes and processes in place – the system would not benefit from additional ‘red tape’ by way of a performance agreement between individual agencies and Councils..
Each agency has mandated response times for replying with General Terms of Approval or requirement to refuse an application (for integrated development) under the provisions of the Environmental Planning & Assessment Act/Regs.
Department of Planning Industry & Environment are responsible for facilitating appropriate response times for agency referrals through the online referral portal, and the Department holds all the data on outstanding referrals and it is part of the Departments mandate to hold agencies to their agreed timeframes.
The Department has recently established a Planning Delivery Unit with key aims of facilitating faster response times from agencies.
In addition, the Secretary has powers under Section 4.47 o the Environmental Planning & Assessment Act 1979 to ‘step in’ where agencies are not meeting obligated timeframes.
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Pre-lodgement meetings should emphasise inclusion, specificity, and responsiveness by implementing the following recommendations: a. Key issues should be conveyed to all parties present, and the proponent should leave with a clear understanding of what Council staff are thinking. Council staff need to be clear up front and encouraged to provide their honest opinion as to whether the proposal has merit. b. Council staff should be more site-specific in their comments and refer to policy, particularly in relation to flooding and ecology (e.g., provide updates of green corridors not previously mapped by Council). Council should identify key species for inclusion in any biodiversity assessment. c. In the case of possible variations to DCP or LEP provisions, clear advice should be provided, rather than advising vaguely that “any variations should be properly supported and may be considered”. d. The meeting format should be flexible to enable the efficient participation of all relevant parties. Options should be provided for in-person meeting; video meeting; and written advice in lieu of a meeting. Our members have utilised other council pre-lodgement services where advice has simply been done by correspondence, and this can be effective. e. In the event an individual specialist is unable to attend the pre-lodgement meeting, that individual specialist should be provided the opportunity to follow-up separately (similar to Expert Witness in a Court process) and file relevant points back through Council’s meeting coordinator. These should be either included in general minutes or referenced as a supplementary. f. It is imperative that the minutes accurately reflect the specific issues, discussion, advice provided and agreed matters. For efficiency, a template of draft minutes could be created where staff can focus on the unique details of the meeting’s discussion. g. Proponents should have the ability to seek further timely clarification between the previous meeting and time of DA lodgement. h. Applicants should receive a credit (50%) of the pre-DA fee paid towards any future DA lodged. By the pre-lodgement meeting stage, Council’s preliminary assessment should have commenced and typically such matters as relevant flood levels, access site lines, ecological conditions, site conditions from kerbside inspections, etc., have been undertaken. Future assessing officers should be able to rely on this pre-lodgement advice as appropriate input to future DA assessment.
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Formal and informal Pre-lodgement meetings are undertaken often without all of the information being presented to Council officers – the level of detail is reliant on the applicant providing as much information and background about the proposed development as possible.
In terms of weight granted to pre-lodgement meetings. The draft Policy has been amended to provide that the Pre-Lodgement Minutes will be included as part of the assessment and provided as an attachment to any determining body (such as Local Planning Panel or Regional Planning Panel).
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Policy for Development Application Functions |
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Attachment 2 |
Policy on Assessment of Development Applications Aug 2021 - Policy for Development Application Functions |
Policy on Assessment of Development Applications
December 2020
Policy No: CCC ####
Policy owner: Approved by: Date of approval: Policy category: Content Manager No: Review date:
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Development Assessment Unit Environment and Planning Day/Month/Year Operational D######### DD/MM/YY |
Contents
Purpose
Policy Summary
Scope
Background
Pre-Lodgement & Lodgement
Application Assessment
Council Commitment
Review
Compliance, monitoring and review
Definitions
Related resources
History of revisions
1. The purpose of this policy is to establish a framework for the efficient assessment of Development Applications under the Environmental Planning and Assessment Act 1979.
2. Council is committed to an efficient, consistent and effective development assessment service which benefits applicants that submit good quality and complete applications.
3. This policy will communicate how council will manage the assessment of applications and assist in the delivery of a consistent, equitable and efficient development assessment service, which is only possible when applications are submitted with the required information so an informed, proper and timely assessment can be made of the application.
4. This Policy is to apply to all development applications, modifications and review of determinations submitted to Central Coast Council.
5. The NSW Government’s ‘Development Assessment Best Practice Guide’ (2017) promotes best practice principles that assist in the timely determination of development applications. It recognises the following:
· The lodgement of an ‘assessment ready’ application allows assessment staff to focus on assessing and determining the application rather than liaising with the applicant to get the application to a standard where it can be assessed.
· Better quality information also allows assessment staff to have a thorough appreciation of the proposal and its built form implications.
· Applications that are not capable of being assessed and determined on the information submitted at lodgement are likely to have resource implications for assessments, workloads and morale.
6. The handling of incomplete or deficient applications, and proposals that require amendments and/or additional information, requires significant resources to manage, and this creates a flow-on effect of an increase in processing times for all applications before Council which impacts on the assessment times for all other applications. Amendments to applications can also cause uncertainty within the community as to what is being proposed.
7. This Policy is designed to outline the principles of dealing with unclear, illegible, grossly non-compliant, deficient and amended applications and to encourage the lodgement of good quality applications.
8. This policy will enable the delivery of a consistent, equitable and efficient development assessment service, which is only possible when applications are submitted with the required information so an informed, proper and timely assessment can be made on the application.
General
9. A development application must be made in accordance with clause 50 of the Environmental Planning and Assessment Regulation 2000.
10. The information to be included in a development application is clearly specified in Schedule 1 of the Environmental Planning and Assessment Regulation 2000.
11. If an application is deemed deficient it may be rejected in accordance with Clause 51 of the Environmental Planning and Assessment Regulation 2000.
12. Applicants are encouraged to read the ‘Your Guide to the Development Application Process’ released by the NSW Government May 2018.
13. Applicants are encouraged to discuss proposals with Council prior to lodgement to ensure the application is complete and can be assessed. Applicants are also encouraged to make use of Councils formal pre-lodgement meeting/advisory service.
14. Where pre-lodgement meetings have been held, the minutes of those meeting will be reviewed by the assessing officer as part of the assessment of any subsequent application, and also provided as an attachment to any determining body (Local Planning Panel or Regional Planning Panel).
15. As a rule, council will not request additional information on an application, unless the information is relatively straightforward and can be provided within a short timeframe (maximum 4 weeks). The onus is on the applicant to ensure that the application, when submitted, is complete and ready for assessment.
16. Council will assess and determine an application on the information submitted upon lodgement.
17. Council will generally not place ‘on hold’ an application waiting for information or request amendments or additional information except where, in the opinion of the Manager (or their delegate), minor issues can be resolved in a short timeframe (less than 4 weeks).
18. Applicants will be requested to withdraw, in accordance with Clause 52 of the Environmental Planning & Assessment Regulations 2000, applications that are unclear, illegible, incomplete and deficient, where variation requests cannot be supported, or where issues cannot be resolved in a short timeframe (less than 4 weeks).
19. Failure to withdraw applications will result in a determination based on the proposal as originally submitted.
20. Where external agency referral bodies request additional information/amendments to a proposed development, Council officers will review the level of detail required and determine whether in the opinion of the Manager (or their delegate), the matters raised by the referral agency are minor issues can be resolved in a short timeframe (less than 4 weeks). If the issues are unlikely to be resolved within a short timeframe, the applicant may be requested to withdraw the application or the application may be determined based on the information submitted at time of lodgement.
21. Applicants may submit a review of determination in accordance with Section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) if they are not satisfied with the outcome.
To facilitate the lodgement and assessment of good quality and complete applications, Council provides the following services:
22. Availability of staff at Customer Service Centres, during specific times, to provide expert advice and discuss proposals.
23. Checklists to complete before lodging applications (provides details on what information is required for Council to undertake an assessment). Your application may be rejected if it has inadequate information.
24. A pre-lodgement meeting (fees apply) with relevant technical staff to give written advice regarding how the proposed development fits within development standards etc. and advice on specific issues such as site constraints, setbacks, design issues, landscaping, stormwater, ecology, parking etc.
25. Council commits to providing clear and consistent pre-lodgement advice.
26. Availability of all Local Environmental Plans, Development Control Plans and site constraint mapping (e.g. flooding, bushfire etc.) on Council’s website.
27. Information on Council’s website regarding the development assessment process.
28. Once an application is lodged, public access through the ePlanning Portal to the application including tracking of the progress and relevant documents/information/submissions to that application.
29. Council will abide by mandated timeframes for development assessment functions as set out in The Environmental Planning & Assessment Regulations 2000, various Ministerial Directions (such as those that apply to Local & Regional Planning Panels) and the suite of relevant policy/funding programs established by the Department of Planning Industry & Environment (such as those targeted at accelerating the pace of development assessment).
30. Clear and direct communication with applicants.
Compliance, monitoring and review
31. This Policy should be reviewed at a minimum every two years.
Terms not defined in this document may be in a Council glossary or else state the terms and definitions as below.
In this policy:
Development has the same meaning as Section 1.5 of the Environmental Planning and Assessment Act 1979 and includes any of the following –
(a) the use of land,
(b) the subdivision of land,
(c) the erection of a building,
(d) the carrying out of a work,
(e) the demolition of a building or work,
(f) any other act, matter or thing that may be controlled by an environmental planning instrument.
32. Legislation:
a. Local Government Act 1993 (NSW) https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1993-030
b. Environmental Planning and Assessment Act 1979 (NSW) https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1979-203#sec.1.5
c. Environmental Planning and Assessment Regulation 2000 (NSW) https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-2000-0557
d. Development Assessment Best Practice Guide (March 2017) (NSW) https://www.planning.nsw.gov.au/-/media/Files/DPE/Other/development-assessment-best-practice-guide-2017-03.pdf
e. Local Environmental Plans (Gosford and Wyong) https://www.centralcoast.nsw.gov.au/plan-and-build/planning-controls-and-guidelines/planning-controls/local-environmental-plan-lep
f. Development Control Plans (Gosford and Wyong) https://www.centralcoast.nsw.gov.au/plan-and-build/planning-controls-and-guidelines/planning-controls/development-control-plan-dcp
g. NSW Government ‘Your guide to the Development Application process’ https://www.planning.nsw.gov.au/Assess-and-Regulate/Development-Assessment/Your-guide-to-the-DA-process
Amendment history |
Details |
Original approval authority details |
This Policy was originally endorsed at the Ordinary Meeting of the Council on [insert meeting date, minute number and resolution detail] |
The reasons for the creation of policy are: · to establish a framework for the efficient assessment of Development Applications under the Environmental Planning and Assessment Act 1979; and · to provide a consistent and effective development assessment service which benefits applicants that submit good quality and complete applications; and · to communicate how council will manage the assessment of Development Applications. |
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Version 1 |
No amendments since adoption |
Meeting Record of the Social Inclusion Advisory Committee meeting held 28 July 2021 |
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Attachment 1 |
Social Inclusion Advisory Committee Terms of Reference - Updated August 2021 |
Central Coast Council has an adopted Community Strategic Plan and Delivery Plan that will shape all activities and projects over the next four years. Council’s Advisory Groups are an important mechanism for consultation, advice and feedback to Council and staff on implementation and review of the Community Strategic Plan.
The role of the Social Inclusion Advisory Committee (the Advisory Group) is to identify, examine, and formulate a collective response to the various social issues that affect the Central Coast community.
2. Responsibilities
The Advisory Group is responsible for providing advice and feedback to Council and staff on:
· Social issues that affect the Central Coast community.
· Approaches to address key social issues identified in the Community Strategic Plan.
3. Membership, voting and quorum
Membership
Councillors: |
Councillor Hogan Councillor Holstein Councillor MacGregor (Chair)
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Voting Member Voting Member Voting Member
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Community Members: |
Mellita Bate Cathie Buckley Jackie Klarkowski Michael Schell Glitta Supernova Deb Tipper
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Voting Member Voting Member Voting Member Voting Member Voting Member Voting Member
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Council is seeking broad stakeholder representation for this committee, with the desired blend providing a mix of representatives with strategic insight through practical experience in localised community programs and initiatives. Community representatives shall be appointed by resolution of Council following advertisement for nominations.
Nominations are to be in writing and will be circulated in full to Councillors for evaluation and consideration. The Advisory Group is not involved in the evaluation or selection process, it is a matter for Council.
The staff holding the following Central Coast Council positions may attend Advisory Group meetings:
· Director, Community and Recreation Services (or their delegate)
· Unit Manager, Community and Culture
· Section Manager, Community Planning Services and Facilities
· Section Manager, Community
and Cultural Development
Council officers will provide professional advice and administrative support. Employees of the Council are not subject to the direction of the Advisory Group or any members of it. Staff attendance is at the discretion of the Chief Executive Officer or their delegate.
Non-staff members are appointed to the Advisory Group for the remainder of the current Council term, although membership can be altered at any time by a resolution of Council.
Membership can be withdrawn by resolution of Council.
If a member misses three consecutive meetings without apology, their membership may be withdrawn and their position deemed vacant.
Casual Vacancy
A casual vacancy is caused by the resignation or death of a member or the withdrawal of membership. To fill a casual vacancy:
· The Advisory Group staff contact will report the vacancy to the Advisory Group and then to the next available Council meeting.
· If the member was nominated as a representative of an organisation, it will be recommended that the organisation be invited to nominate a replacement member.
· If the member was nominated as an individual, the original expressions of interest will be reviewed to identify an appropriate replacement member.
· Where there are no appropriate alternate nominations, expressions of interest will be called for to replace the member.
· Where the vacancy occurs within nine months of the end of the term of the Advisory Group the vacancy will not be filled.
Chairperson
The Chairperson is a Councillor.
The Chairperson is to have precedence at the meeting and shall determine the order of proceedings, generally as set out in the Agenda.
It is not necessary that the Chairperson be a member of the Advisory Group.
Where the Mayor is appointed to be a delegate to an Advisory Group, it is not necessary that the Mayor be the Chairperson.
Coordinator
A Central Coast Council staff position shall be nominated as Coordinator by the Chief Executive Officer or their delegate. They will be a staff member responsible for coordinating the preparation of agendas, invitations and minutes.
The Director, Community and Recreation Services (or their delegate) shall be the Coordinator of the Central Coast Social Inclusion Advisory Committee.
Voting
No formal voting rules apply.
As the Advisory Group has an advisory role, its recommendations are to be made by consensus. Where consensus cannot be reached, a vote may be taken at the request of the Chair. The vote will be carried by a majority of voting members. The meeting record will reflect this process.
Council is the decision making body and the Advisory Group provides recommendations for consideration.
The Advisory Group may agree to allow participation in meetings through conference calls and other technology.
As no formal voting rules apply, there is no proxy voting. The Quorum for a meeting is half the voting non-Councillor representatives and at least one Councillor. However, the Chairperson shall use their discretion to determine if a meeting should be postponed due to insufficient members being able to attend.
4. Meetings
· Meetings are held quarterly
· The Chairperson has the authority to call additional meetings
· The agenda and meeting papers will be distributed to members at least three days prior to the meeting
· Meetings will be recorded by the taking of minutes. The minutes are a record of agreed outcomes and do not record discussion.
5. Communications and reporting
The agendas and minutes of the Advisory Group will be stored as a permanent record of Council. All agendas and meeting records will be published on Council’s website.
Where the Advisory Group recommends an action that is outside the delegation of staff to determine, a report will be provided to Council.
Staff will prepare the report that recommends that Council note the minutes of the Advisory Group. Reporting of Advisory Group recommendations to Council will be reported as Committee Recommendations without change. Staff will also provide professional commentary on the Advisory Group’s recommendation where appropriate and provide a staff recommendation which may or may not align to that of the Group. The Council may, at its discretion, resolve to adopt some or all the Advisory Group’s recommendations and advice.
Where the Advisory Group has not recommended an action, the minutes will be reported to Council as an Information Report only.
6. Conduct
Members of the Advisory Group will be provided with Council’s adopted Code of Conduct. Conduct of members is expected to be consistent with the principles outlined in the Code of Conduct.
Members of the Advisory Group are not permitted to speak to the media or make representations on social media on behalf of the Advisory Group or Council unless approved by Council.
7. Version history
Date |
Details |
28 October 2019 |
Document adoption as per Council resolution from 28 October 2019 Ordinary Council Meeting |
11 November 2019 |
Quorum updated as per Council resolution from 11 November 2019 Ordinary Council Meeting. |
14 December 2020 |
Membership updated as per Council resolution from 14 December 2020 Ordinary Council Meeting. |
23 March 2021 |
Meeting frequency updated as per revised Advisory Group formats adopted at 23 March 2021 Ordinary Council Meeting. |
14 September 2021 (this version) |
Membership updated as per Council resolution from 14 September 2021 Ordinary Council Meeting. |