Basically signals Victorian State Gov attempts to remove Local Governments by stealth: Taking over Council powers without consulting the electorate. Planning is the tool. Council writing to all other Vic Councils encouraging them to stand up to State Gov similarly. Watch live-stream debate tonight here: https://www.frankston.vic.gov.au/Council/Council-and-committee-meetings/Upcoming-Council-Meeting-Agendas-2024/Live-Streaming-of-Council-Meetings-on-Monday-3-June CDB comment: This is happening all over Australia.
Frankston Councillor Asker's Notice of Motion on State Planning Inequities 22-Apr-24, p.49 in Agenda 3 June 2024.
Council Decision
Moved: Councillor Aitken Seconded: Councillor Bolam
That Council:
1. Notes the Minister for Planning is already responsible for approving planning scheme amendments and large scale developments and has the power to intervene on matters associated with planning and heritage processes. Further that the Minister may:
amend a planning scheme without the usual notice requirements;
advance the processing of an amendment to a planning scheme;
take responsibility for a planning application being assessed by council;
take responsibility for a planning application that is before the Victorian Civil and Administrative Tribunal (VCAT); and
take responsibility for recommendations for registration and permits under the Heritage Act that are being considered by the Heritage Council or VCAT;
2. Notes that, as a part of the Victorian Government’s response to IBAC’s Operation Sandon on 20 March 2024, it has accepted, either in full or in principle, recommendations that will shake up planning for current and future generations, potentially removing statutory planning responsibilities from the local Councillors;
3. Notes that our Council is already receiving State referred applications where the local Council is essentially used as a bureaucratic arm to “do the work” with the costs borne by Councils without financial recompense and thus imposing compulsive labour upon the Council, paid by local ratepayers, in what would be just another cost shift at the communities expense;
4. Notes the negation of community opinion and consequent disabling of democratic process through non-allowance of RIGHT OF APPEAL in select categories, as chosen or engineered by State Government or other Planning Authorities, which process has been perfected after passing by the Minister or extruded through the Parliament under Legislation;
5. Notes that, if the State Government genuinely recognises that community participation in planning matters is essential to democratic decision making, it is therefore essential that planning remains local and in the best interests of our community that has helped shape its Council’s vision. Without this, our local communities may see the construction of major developments, which sit in brutal contrast, without recognition or empathy toward the existing rhythm, historic or social importance of streetscape and locales;
6. Notes the growing unpopularity of planning outcomes throughout the community that the general public have understandable difficulty in separating between State and Local Laws leading to increased resentment toward Councils because Councils are so convenient and accessible to contact and are therefore easier to blame;
7. Recognises the constant threat by State Government to 'wag a big stick' and tell Local Government that if it does not “toe the line”, all planning powers will be taken away, and so calls upon the State Government, in letters to the Premier, Minister for Planning and Minister for Local Government, Opposition Leader and relevant Shadow Ministers, to ensure that any reforms proceeded with keep planning local in the best interests of our communities; and
8. Writes concurrently to all Victorian Councils calling upon them to make similar representations to State Government and the Opposition.
Actions
Fiona McQueen 22 May 2024
Actions 1-7 noted by Communities directorate, no further action required.
Item 8. Completed. Correspondence prepared and sent to relevant Ministers and copy with cover letter sent to all Victorian Council Mayors. Action is complete and requests closure
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