The following extracts are taken verbatim from the MAV’s (Municipal Association of Victoria) guide to councillors on planning. (Uploaded HERE). Readers need to keep in mind that in Glen Eira:
- No councillor is present at Delegated Planning Committee Meetings
- One councillor chairs a Planning Conference – rarely do other councillors show up to these.
- No minutes or public reports are published from the DPC meetings and for Planning Conferences the officer’s report is lucky to be more than 50 words and is a bullet point summary of ‘objections’.
- Councillors have no ratified and hence legal right to application ‘call ins’
- Residents can’t speak to planning applications at council meetings
- Councillors continue to delegate away all their powers
- We strongly suspect that half the time councillors don’t have a clue as to what is going on!
“Planning for the future needs of the community is a challenging and vital councillor responsibility. Planning decisions shape communities and influence the physical environment and quality of life. They have long term consequences and can affect people’s livelihoods and amenity. A councillor needs to understand the important opportunities that the planning system provides to shape the future of the local community.
Councils also have a key role as representatives of the local community to advocate on the community’s behalf, particularly in the assessment of projects of state significance or proposed changes to state policy.
Generally speaking it is the role of councillors to set planning policies and direction, and the role of officers to carry out the administrative functions of the council at the direction of the councillors acting as a collective body.
Councillors have broad and active involvement in the planning system
It’s a good idea to participate in consultation to have a full appreciation of the proposal and the objectors concerns and often councillors can play a useful role in mediating solutions, where all parties are willing.
A councillor has a responsibility to be informed about planning permit applications that are presented to a council meeting for decision. The council planner’s report is essential reading and should be discussed with council colleagues and the council planner well in advance of the meeting so as to have a full understanding of the relevant planning issues and any limits around the decision to be made
A councillor can initiate changes to the existing local policies in the planning scheme and request the development of new policies if required. If you are dissatisfied with the content or operation of an existing policy, discuss the concerns with council colleagues and identify options to improve the effectiveness of the policy with council management. A council resolution may be necessary to give the review or project a priority in the administration’s work program.”
And on the mandatory Planning Scheme Review:
“As the date for the review approaches, councillors should discuss with the planner an appropriate structure and process for the review. It may be appropriate to establish a small working group of councillors to develop a revised draft MSS. The review should involve consultation with stakeholders such as resident groups, government agencies and representatives of professional groups.”
Glen Eira Debates 
September 15, 2014 at 1:28 PM
I like the bit about councillors setting policy and direction. What a joke that is.
September 15, 2014 at 5:04 PM
Pilling hasn’t a clue on planning matters, he just thumbs-ups every decision presented.
September 15, 2014 at 6:05 PM
Every Councillor has attended at least one MAV Councillor Development Weekend – it’s pretty obvious that the ratepayer funding of this attendance has been directed towards the entertainment and networking aspects rather than attending the information sessions.
September 15, 2014 at 6:21 PM
Residents should also note that up until the last year or so, Councillors were not even aware of what planning permit applications were decided by the DPCD. Now they supposedly get a list of those decisions. Of course residents don’t have a clue as to what information is contained in the list because that list is never published in the minutes. Councillors, in line with their general lack of interest in planning matters, have never bothered to request it be made public.
September 15, 2014 at 6:51 PM
I don’t think it is fair for councillors to have to deal with thousands of applications each year. That’s what the hired help is there for. Having said that, I also think that councillors leave everything to the hired help. That way they are off the hook if by some miracle they reject an outrageous application because vcat is always the culprit. The continued handing over of control to officers is a councillor decision, full stop. The post lists some things that are wrong with the current system and I agree completely. Everything is done secretly with practically no councillor involvement. Their role has been reduced to that of rubber stamping 99% of the time what officers want.
September 15, 2014 at 8:26 PM
One of the biggest failings of this Council is that Councillors have signed away their right to of “calling in” planning permit applications under delegations of authority and also signed away their right to information on the planning permit application from Council Officers. The delegations of authority are reviewed and formally approved by Councillors on an annual basis and on an as needs be basis Councillors can amend the delegations in between the annual reviews. “As needs” changes have not been made by an incumbent Councillor (and several of them have been there a looooong time).
So what’s a Councillor “call in”. When objections to a planning permit are received, Council officers decide whether the permit should be decided by the Delegated Planning Committee (no Councillor is present) or Councillors. The criteria to determine which body decides are not publicly available. If Council officers determine the permit is to be decided by the DPC, and a Councillor believes that the concerns expressed by residents are significant or that the pro’s & con’s of the permit should be openly discussed and decided upon by all Councillors then the Councillor “calls in” the permit application. The permit application is then decided by Council rather than the officers only DPC. The DPC decision is advised to objectors only – no notice of decision or decision rationale are made publicly available.
The last time this issue was raised by Councillors, Lipshutz stated that this was to protect residents. In the past call ins had been abused and used purely for self-interest purposes (no details on any instances were presented to support this allegation). Lipshutz also claimed that making and retaining the no call in “policy” meant controlled future Councils – “while you can trust this Council, you may not be able to trust future Councils”. Of course future Council’s could change this rule but given the culture that exists in Glen Eira Council (both among the current Administration and Councillors) that is not likely to happen residents – first replace the incumbent Councillors with others with a specific mandate to change the Administration.
A further compounding issue exists – that is that Councillors (again under annual delegations and self imposed rulings) have also agreed not to follow up residents concerns with officers. To do so is seen by the administration as interfering or bullying and likely to bring retribution.
These are the two reasons why, if the DPC has decided, or is yet to decide, which body will process a permit application, Councillors either don’t front or when they do, they little or nothing about the application until residents tell them. The two reasons also make it imperative that residents get their disapproval of a development proposals known as loudly and as early as possible and hope like hell realise they better do something.
Councillors should not be expected to process every planning permit application (that’s an absurd proposition), however, there is a balance to be struck. Within the concept of All or Nothing, there is plenty of scope to strike a balance that is acceptable to Councillors, the Administration and Residents. To do other otherwise (as is current)
. is unconscionable for elected representatives to annually endorse a process that prevents them from representing those that elected them and
. confirms the dysfunctionality of Glen Eira City Council – key decision making is done by unelected officials and the elected officials, contrary to their legal and moral obligations, willing accede
September 15, 2014 at 9:06 PM
The situation is even worse that you have outlined when one considers that in the guise of being more “transparent”, the Quarterly Reports now pretend to report on the number of decisions made by officers, compared with decisions made by full council. We maintain that this is as “transparent” as a murky cess-pool! All that is reported upon are those decisions that have gone to VCAT. Council claims that only about 100 decisions end up at VCAT and they get at least 1500 applications per year. So much for “transparency”. Further, we get no information as to INDIVIDUAL applications – all that’s reported upon is that officers have decided on 3 four storey developments and maybe councillors on one. What these decisions entailed is not mentioned; nor is there any reporting on what does not end up at VCAT. The whole process is a sham when we see how other councils go about fulfilling their charters of accountability and transparency. All Glen Eira seems capable of doing is spending a fortune on spin and nothing on delivery and actions that are meaningful to residents. Once again, the power to change this charade lies with councillors – that is, if they have the guts, the integrity, and the welfare of residents at heart. Thus far, and for over a decade, their failures in this area has been truly of gigantic proportions.
September 15, 2014 at 10:09 PM
Yeah, right Lipshutz. From his comments above its pretty obvious that it will take more than a major brain fart to make him (and in particular Hyams, Esakoff and Pilling) realise that Council’s definition of protecting residents and providing open, transparent and accountable governance is not in line with residents concepts of the same ideals.
Despite election promises, not one current Councillor has shown they are equal, much less even attempting, to address what Council had unleashed. All that happens is more of the the same and a failure to recognise that what worked in past doesn’t work anymore because their decisions have changed the fundamentals. A previous blogger described them as Luddites and it is appropriate.
September 16, 2014 at 9:58 PM
why would any of councillors want to work for their money, when they can get it by doing sweet f**k all, that’s human nature in a nutshell
September 17, 2014 at 8:59 AM
While I disagree that wanting something for nothing is human nature, I accept that Glen Eira Councillors, despite their claims of working for and giving back to the community, fit the bill.
This blog is very good at highlighting that but it is a combination of Administration, Councillors and Residents that have not only allowed it to occur but allow it to continue.
. The Administration by presenting measure after measure that has usurped their authorities and strives for their own pro development goals (using ratepayers money to do so).
. The Councillors by willing allowing the usurping to occur (believing as gospel all that the Administration says) and ignoring residents
. And most importantly the apathetic residents who care even less than the Councillors and only come out of the woodwork when they see something adversely impacting them. Their appearance only lasts as long as the controversy (which they usually lose). Next election, they don’t bother to consider the other candidates and merely re-elect the known candidate.
Until residents realize that the time to protest is when the rules and policies are being formulated, rather than a year or two after, they will always be behind the eight ball.
Getting out from behind the eight ball takes a sustained effort but if they want change that’s what they have to do.
Those currently protesting against developments are too late, the die is cast. They may get a concession or two (which is better than nothing) but unless they now work to re-cast the die (ie. contain the damage) then the Council juggernaut will simply roll over them.
September 15, 2014 at 10:31 PM
Thank you for explaining what a call in is. Although its a term I’ve heard before I have never really understood it. It;s pretty obvious Councillors are in the same boat and that they shouldn’t be
September 15, 2014 at 11:12 PM
Best line – A councillor can initiate changes to the existing local policies in the planning scheme and request the development of new policies if required.
They should have added = not in Glen Eira.
September 16, 2014 at 7:26 AM
The “plate” has been firmly and clearly planted, the only question now is how many Councillors will step up to it.