Ward Councillor Committee

These meetings involve applications that have been referred to a Ward Councillor Committee Meeting. They allow applicants/owners, correspondents, Councillors and Council Officers to meet and discuss a Development Application, with the benefit of the officer’s assessment report, before a decision is made by the Ward Councillors. These meetings are normally held on site.

At the meeting Councillors may:

  • Determine the Application
  • Defer the matter in order to get more information and consider amendments or resolution of specific issues, before the matter is brought back to the committee
  • Refer the matter to a full Council Meeting

Decisions can only be made by the Committee if the decision of the Councillors attending is a quorum of Ward Councillors, and it is either a unanimous decision that is consistent with the officer’s report or a unanimous decision with the concurrence of the officer when the decision is inconsistent with the report. If the officer does not concur, the matter is forwarded to the Environmental Services Director, who either concurs with the Ward Councillors recommendation and the application is determined according to that decision or, if the Director does not concur, reports the matter to a Council Meeting.

If applications referred to the Ward Councillors Committee cannot be determined in this way, then the application goes to a Council Meeting.

These reports are the development applications (DAs) referred to the Ward Councillor Committees: 

 

What applications can be determined by the Ward Councillor Committee?

  1. Applications which are the subject of a petition involving more than 10 signatures from different households
  2. Applications which are the subject of more than 3 letters of objection from different households when the issues raised in the letters cannot be satisfied by conditions of consent/approval or submission of amended plans
  3. Applications which a Councillor requests in writing, prior to determination under delegated authority, that it be referred to Council for determination
  4. Applications for modification of a consent where Council (or the Land and Environment Court) made the determination on the original application, other than:
    • Modification to Council consents which involve only minor changes (such as internal changes)
    • Modifications to Council consents which do not relate to any special conditions imposed by Council
    • Modifications which, following re-notification to any adjoining neighbours and previous correspondents, received no submissions.
  5. Applications which, in the opinion of the Environmental Services Director or General Manager, are sensitive or controversial and should be determined by the Ward Councillors on the following criteria:
    • Likely significant environmental effect on air, water, waste, soil, native vegetation or noise
    • Potential major policy precedent by granting consent
    • A history of prior determination of consents by Council or Land and Environment Court
    • Specific request by a correspondent or applicant in writing that they be given the opportunity to address the Council on the application prior to determination
    • Value of the development is in excess of $10 million.
  6. Applications involving demolition or major alteration or additions or non-residential use of a Heritage Item
  7. Applications for review of determination under S.82A (unless previously determined by the Ward Committee).

What applications can’t be determined by the Ward Councillor Committee but will be referred to a full Council Meeting?

  1. Applications involving a site rezoning.
  2. Applications where Council is the applicant or involves Council property, excluding changes of use or internal alterations to premises within a business zone.
  3. Applications where a Councillor is the applicant or owner.
  4. Applications involving more than 10 correspondents from different households.
  5. Section 82A applications (which seek a review of determination) where the application was originally determined by the Ward Councillors.

What happens after an application is referred to the Ward Councillors Committee?

  1. The Environmental Services Director provides an officer’s assessment report and recommendation on the application to the Committee Councillors, applicant and correspondents with an email copy to all other Councillors. The distribution of the officer's assessment report is not a further opportunity to make a submission on the application or for the officers to review their report.
  2. If, within 5 calendar days of the issue of the officer’s report, either a Ward Councillor, the applicant or a correspondent submits a request in writing (either by letter, fax or email) to Council's Administrative Services Manager seeking a Ward Councillors Meeting, then one is convened. The date and time is arranged between the Ward Councillors and the Environmental Services Director.
  3. If no applicant, correspondent or Ward Councillor submit a request within 5 calendar days, or if both the applicant and correspondents advise the Environmental Services Director that they are in agreement with the officer’s recommendation, then the Environmental Services Director may issue a Notice of Determination in accordance with the officer’s recommendation. In such case, the Ward Councillors, applicant and correspondents will be informed of the determination.