Council Assessment Panel (CAP) meetings are held on the 2nd Wednesday of each month. Meetings generally start at 6.30pm and are held at 63 Mt Barker Road, Stirling or as otherwise determined by the Panel.
Meetings may start earlier if necessary and special meetings may be held if required. Please therefore check the meeting agenda to see when and where the next CAP meeting is to be held.
The Planning, Development and Infrastructure Act 2016 (PDI Act) was assented to by the Governor on 21 April 2016 after the passage through Parliament. It is being implemented over five years with the Act being brought into operation in stages. One of the first stages of the implementation of the PDI Act is the requirement for the establishment of new CAPs under Section 83 of the PDI Act and the appointment of Assessment Managers to manage staff and the operations of the CAPs.
Council established the new CAP pursuant to Sections 82 and 83 of the PDI Act on 26 September 2017. This CAP replaces the previous Council Development Assessment Panel.
The CAP considers certain types of development applications which generally include major commercial, industrial and residential developments and land divisions in accordance with Council Policy DEV 12. Such applications increase economic development opportunities and activities in the district and are rigorously assessed in order to minimise negative impacts on the character, amenity and natural environment of the area in which they are situated. The Panel considers about 5-7% of all applications received by the Council, with the remainder considered by staff under delegations.
The Panel consists of 1 Council Member and 4 Independent Specialist Members including an Independent Presiding Member, as follows:
- Professor Stephen Hamnett (Independent Presiding Member)
- Simon Bradley (Independent Member)
- Rob McBryde (Independent Member)
- Piers Brissenden (Independent Member)
- Cr Linda Green
Independent Members have been appointed for a term ending 31 May 2019, subject to achieving the required accreditation under the PDI. Councillor Green has been appointed for a term ending with her current term of Council.
Agendas & Minutes
Agenda and Reports for CAP are posted on the website the Thursday prior to the scheduled Wednesday meeting. Due to the requirements of Regulation 34 of the Development Regulations (2008), copies of the attachments can only be viewed at the Council's Service Centres.
Draft/unconfirmed minutes are posted by the Monday of the week after the scheduled meeting.
Agendas and Minutes of the forthcoming and previous CAP meetings can be found here.
CAP Meeting Procedures
The PDI (General) (Assessment Panels) Variation Regulations 2017, effective 1 October 2017, prescribe the basic meeting procedures for CAPs which are similar to those meeting procedures prescribed under Section 56A of the Development Act 1993. The CAP adopted a revised set of Meeting Procedures on 7 November 2017.
Code of Conduct
Pursuant to Schedule 3 of the PDI Act, the Minister adopted a Code of Conduct to be observed by members of an Assessment Panel established under the PDI Act. This sets out standards of conduct and professionalism to be observed by all members of assessment panels. A key requirement is that all members of assessment panels carry out their functions with high ethical standards to maintain public confidence in the integrity of the development assessment process.
The Code of Conduct is considered to be the key tool to ensure Panel Members act honestly and ethically with a high degree of accountability. The Code replaces the Minister's Code of Conduct established pursuant to Section 21 of the Development Act 1993 (Existing Code).
Section 56A(23) does not prevent a person making a complaint to the Ombudsman at any time under the Ombudsman Act 1972 or the public officer referring a complaint to another person or authority for investigation or determination.
Lodging of Complaints about the conduct of a member of the Panel
Under the PDI Act, all complaints about the conduct of an Assessment Panel Member will no longer be lodged with the relevant council but will now be required to be lodged with the State Planning Commission for investigation.
An Assessment Panel must have an Assessment Manager who is appointed by the CEO of Council pursuant to Section 87(d)(ii) of the PDI Act. The role of the Assessment Manager under the current operational provisions of the PDI Act is limited to managing the CAP and development assessment staff and resources. The Assessment Manager is responsible to the CEO for this role. The Council has appointed the Manager Development Services, Ms Deryn Atkinson, to this role.
Delegated Powers & Delegations Policy
The CAP has delegated powers pursuant to the Development Act and Regulations 1993, as determined by Council. Refer to Council's Delegations Manual to view the current delegated powers of the Panel.
The types of applications which are to be referred to the Panel for consideration are those as outlined in the current Delegations Policy which has been prepared pursuant to Section 34(27) of the Development Act, 1993.