Workers Accommodation Development Application (Old Naracoorte TAFE Site)

With regards to the Development Application lodged for workers accommodation at 19 Gordon Street, Naracoorte (Old Naracoorte TAFE Site), the agenda for the Council Assessment Panel (CAP) Meeting to be held in the Naracoorte Town Hall at 5pm Thursday 19 December 2019 has now been provided to CAP Members. The agenda is now a public document, and can be accessed here

From a planning process perspective, I confirm what will now occur to enable consideration of the development application

• CAP Agenda distributed to CAP Members
• CAP Agenda available to all members of the public on Councils website
• The CAP Meeting Agenda includes a written planning report from Council’s Planning Advisor which assesses the application against the Development Plan objectives, with a recommendation contained within that report. This is professional planning advice, and is a recommendation only – which the CAP can chose to accept or not.
• At the CAP Meeting, representors who have registered with Council to speak at the meeting will be provided the opportunity to do so. This will be limited to a maximum of 5 minutes per representor that opposes/supports the application, which should be based on how the application does or does not meet the Development Plan requirements. The applicant will also have the opportunity to address the CAP, and will do so after all representors have spoken. People are able to address the CAP, but there will be no debate or public questions on information provided. No other person is able to speak at the CAP Meeting.
• Once all registered persons and the applicant have addressed the CAP, the CAP will request all persons present to leave, and CAP considerations of the application will be held in-confidence. This is the same process as any other development application.
• CAP can chose to approve, defer, or refuse the application – and will need to do so based on planning grounds.
• Council will provide a statement on its website and Facebook page the following day to advise of the decision of the CAP. I consider this the most effective way of advising many people that may be interested in the outcome.
• Once a decision has been made by the CAP – there are appeal rights available to all parties, and this is managed and dealt with by the Environment Resources & Development Court.

I would also like to reinforce that:

• State Government legislation has determined that Elected Council does not have any role in considering or determining the outcomes of any development application. The State Government transferred (through legislation) many of Council’s planning powers to independent panels (CAP) many years ago, so this is not a choice or decision of Elected Council. Elected Council or individual Elected Members are fully entitled to have an opinion on the matter – but this does not impact (positively or negatively) on the planning process.
• No individual can, or has, given any approval to the application including the Mayor, Elected Members, Council staff, or Members of Parliament
• Depending on the outcomes of this Development Application – the applicant will still be required to lodge an application for Building Rules Consent (if approved) which must meet the National Construction Code prior to issuing approval.
• Nothing has been approved to date
• We are aware that the applicant has undertaken tree removal, and some internal building works – and none of this work requires Council consent or approval.

Trevor Smart, Chief Executive Officer