December 18th, 2024Objector number a focus in planning decision: 18 month trial to start
Some changes to the way in which planning applications are dealt with in Hepburn Shire will be trialed for 18 months following a decision by the Hepburn Shire Council late yesterday.
Under pre-existing arrangements planning applications had been dealt with by the council’s planning officers guided by planning frameworks and policy, but have been required to go before the council for decision where there were more than five objectors.
An officer recommendation that went before the council meeting on Tuesday December 17 sought to increase this threshold from five to 15 objectors required before an application would need to be referred to the council for decision.
However at the meeting Councillor Lesley Hewitt presented an alternative motion requiring more than 10 (rather than the recommended more than 15) objections be required before triggering the need for an application to go before the council.
Cr Hewitt’s new motion also differentiated between the farming and urban or residential context, proposing that the limit for triggering the need for council determination should remain fixed at the current more than five objectors in the case of applications relating to land zoned for farming.
“Community feedback suggests that the change from five to 15 objectors is too high,” Cr Hewitt said in moving her alternative motion.
Cr Hood seconded Cr Hewitt’s motion and it passed 5:1 with only Cr Tim Drylie voting against Cr Hewitt’s motion and instead seeking a deferral of the matter and Cr Tony Clark an apology for the meeting.
“I support going from five to 10 objectors. I think 15 was a bridge too far and I fully support (Cr Hewitt’s amended) motion,” Cr Hood said.
Also supporting the motion, Cr Shirley Cornish said “the farming zone is so very different to a residential zone”.
The officer’s original recommendation had also sought to require that planning applications of more than $5 million in value should be referred to the council – up from the $2 million threshold for a referral to council which has been in place to date.
However, Cr Hewitt’s successful motion instead dropped reference to a dollar value threshold for triggering a referral to council, instead requiring an application to be referred to council where it meets one or more of five specific criteria.
These criteria included where “the planning permit application raises significant issues of public interest” and where it would result in a use or development contrary to the adopted Future Hepburn Strategies or a proposed planning scheme amendment which is supported by council”.
Formalising an informal practice which had already been in place, Cr Hewitt’s successful motion also requires that the council’s CEO implement a process where councillors can “call in” to a councillor briefing any planning permit if a minimum of three councillors seek such a “call-in”.
The new arrangements will now be temporarily in place for 18 months and after that time officers will present a report to the council on the outcomes and provide further recommendations on whether to continue with the changes.
During the meeting councillors heard that in the last 18 months only one planning decision made by the council had been different to the planning officer recommendation.
It also heard that over the last four year term fewer than 10 applications had involved the council making a planning determination that was different to the planning officer recommendation.
And in the 23-24 financial year of the five matters that had ended up being determined by VCAT, four of those had upheld the council’s decision while the only one that had not been supported at VCAT was one in which the councillors had overturned an officer recommendation.
Words: Eve Lamb
