Council Minutes - Section B: Reports - 10 March 2015

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Reports tabled at the Ordinary Meeting of Council on Tuesday date held at City Hall, Little Malop Street in Geelong.

1. Council Land in Draper Street, Ocean Grove – Consideration of Submissions and Sale by Expressions of Interest

2. Financial Management Report – December 2014

3. Emergency Management – Municipal Management Plan 2015-2017

4. Delegations and Authorisations – Council to Staff

1. Council Land in Draper Street, Ocean Grove – Consideration of Submissions and Sale by Expressions of Interest

Purpose

The purpose of this report is for Council to consider submissions received and approve the ‘expressions of interest’ (EOI) process for the transfer of land at 77 and 79 Draper Street Ocean Grove to a provider of supported accommodation for people with disabilities.

Summary

• At its meeting on 22 July 2014, Council resolved to offer the land at 77 and 79 Draper Street, Ocean Grove (“the land”) to a not for profit organisation for the purpose of providing supported accommodation for people with disabilities.

• Due to anomalies with the initial notice of intention to sell the land, Council resolved on 14 October 2014 to republish its notice of intention to sell the land. 8 supporting submissions were received and none sought to be heard. A summary of all submissions is provided in Attachment 1.

• There is a lack of suitable supported accommodation for people with disabilities in the municipality and in particular on the Bellarine.

• Council’s intention is to ensure that the land continues to be used for local community benefit and to broaden the availability of alternative housing options for people with disabilities.

• This report and Attachment 2 provide the Terms of Reference for the EOI process which include:

• Process and timelines.

• Objectives.

• An assessment Panel consisting of senior management staff to assess EOI’s and recommend to Council a preferred provider.

• Selection criteria.

Cr Farrell moved, Cr Fisher seconded -

That Council having considered all submissions made in response to the notice of intention to sell the land at 77-79 Draper Street (”the land”), Ocean Grove:

1. to offer the land for sale by expressions of interest at nil consideration to a provider of supported accommodation for people with disabilities.

2. notifies in writing, each person who has made a submission of Council’s decision and the reasons for that decision; and

3. endorses the Terms of Reference for the Expression of Interest for the land at 77 and 79 Draper Street, Ocean Grove.

Carried.

Division Requested:

Background

At its meeting on 22 July 2014, Council resolved to offer the land at 77 and 79 Draper Street, Ocean Grove (“the land”) to a not for profit organisation for the purpose of providing supported accommodation for people with disabilities.

Due to anomalies with the initial notice of intention to sell the land, Council resolved on 14 October 2014 to republish its notice of intention to sell land at 77-79 Draper Street, Ocean Grove.

This report considers all submissions received to that notice and recommends an expression of interest process to implement Council’s intentions in relation to the land.

A total of 8 supporting submissions were received to the notice and they are summarised in Attachment 1. Two of those submissions initially indicated that they wished to be heard in respect of their submissions, however those requests were subsequently withdrawn. As no submitters wanted to be heard the Submissions Review Panel was not required to convene.

There is a shortage of community based accommodation, particularly for young people with disabilities. Young people whose disabilities limit their ability to live with their family, those who are ready to leave home and adults up to the age of 65 who require supported accommodation have few appropriate housing options. There are also many young people whose only supported accommodation option was in residential aged care. Residential aged care has been found to be inappropriate for most young people with disabilities, resulting in an inferior life experience, limited lifestyle and choice.

Council’s decision to transfer ownership of the Draper Street land for the purposes of community supported accommodation will ensure that more housing opportunities for people with disabilities will be realised on the Bellarine Peninsula.

In accordance with Council’s resolution of 21 October 2014, the expression of interest process has been appropriately defined through terms of reference which includes the decision making process and the selection criteria (see Attachment 2). These are being presented for Council’s endorsement.

Discussion

Consideration of Submissions Received

All submissions received support the recommendations.

EOI Process and Selection Criteria

The following section describes the EOI process and selection criteria recommended to enable the land to be transferred to a provider of supported accommodation for persons with disabilities.

• Selection Criteria, Selection Panel, Probity and Timetable

  Refer to Attachment 2 – Terms of Reference.

  The proposed terms of reference details the process and timelines for seeking expressions of interest, the objectives which Council is wanting to achieve, the establishment of a panel to make a recommendation to Council and the selection criteria.

  The proposed process and timelines section outlines the method of advertising the expression of interest, the period of time for advertising and the process of evaluation. It is expected that interviews with a shortlist of interested parties will be held. Reference checking will also be an important part of the process.

  Objectives have been detailed in the terms of reference to provide guidance to interested parties as to Council’s intent. This is further articulated in a contextual statement, which is also included in the terms of reference.

  It is proposed that a four member panel, consisting of the General Manager Community Services, General Manager Strategy and Performance, Manager Community Development and an Independent Member or their delegates be established to assess the EOIs. The panel will call upon other expertise as necessary.

  The selection criteria have been developed to ensure that the best outcome is achieved. The criteria include experience in disability services, knowledge and capacity of the organisation to deliver a successful outcome. It is important that the successful organisation be financially sound and able to continue to deliver accommodation services in the long term.

• Advertising

  The EOI will be widely advertised including Geelong Australia website, The Independent, Geelong Advertiser, and any other relevant media. In addition, local organisations with known expertise in this area will be informed of the EOI process, in addition to those who have already registered interest.

  Reference to the EOI process also will be made in the regular internet and print media notices relating to Council procurement requirements.

• EOI Document

  An EOI document will be made available to all respondents. The document will include Council’s objectives, land locality and title details, statutory obligations of Council as vendor, EOI process and program, transfer of land process and s173 Agreement details. The evaluation criteria will also be incorporated to ensure interested organisations clearly understand how their proposal will be assessed. This will ensure transparency in the process.

• Contractual documents

  Contractual documents which will be made available in draft form as part of the EOI process include the contract of sale, vendor’s statement and the s173 Agreement which will ensure Council’s objectives are met and its financial interest in the land to be transferred without consideration are protected. Details of the s173 Agreement are provided in the Policy/Legal/Statutory Implications section of this report.

Environmental Implications

Due to the former use of the land for a Council depot, an environmental site assessment (ESA) has been commissioned and will be made available as part of the EOI process.

Financial Implications

As property assets are disposed of the written down value is adjusted on the asset register.

The transfer of the Draper Street lots without consideration will create a funding gap in Council 2014-15 budget.

Policy/Legal/Statutory Implications

Under the Local Government Best Practice Guideline for the Sale and Exchange of Land, the Council is required to -

• Explain the circumstances, reasons and factors relating to the decision if land is to be sold at less than market value. The reason for offering the land at nil consideration is to support and encourage the need for supported accommodation for people with disabilities in the local and wider community.

• Sell land by public process wherever possible. Sale of the land by publicly inviting expressions of interest will address this requirement.

Section 189 of the Local Government Act (“LG Act”) requires that Council obtain a certified valuation dated not more than six months prior to the sale of the land being the date of the contract of sale. Prior to sale a certified valuation of the land will be obtained.

As part of the contract of sale the purchaser (provider) will be required to register a s173 Agreement on the title immediately following transfer which contains the following summary conditions:

• The purchaser must apply for and obtain a planning permit for the provision of supported accommodation for people with disabilities (“the intended purpose”) within a defined period of transfer of the land.

• The purchaser is required to commence construction of supported accommodation for a minimum of 5 people with disabilities on the land within defined period of obtaining a planning permit, and complete the building within defined period of commencement of construction.

• The purchaser may only use the land for the intended purpose.

• If the purchaser fails to obtain a planning permit, or complete the building within the defined period, or intends to cease use for the intended purpose, it must notify Council. If the owner fails to notify Council of any of these events Council may give notice.

• Either event triggers the right for Council to purchase. The right to purchase is on the basis that Council pays the owner for the value of the improvements if any at a valuation to be obtained. The Council may choose to exercise or not exercise the right to purchase.

• If the Council does not exercise the right the owner may sell the land and improvements and pay the Council the market value of the unimproved land.

• If the owner is in default of any of its obligations defined in the Agreement, and fails to remedy the default following a notice from the Council, it must transfer the land and improvements to the Council and the Council has no obligation to reimburse the owner for the land or improvements.

Alignment to City Plan

The transfer of the land to a provider of supported accommodation for people with disabilities is consistent with the connected, creative and strong communities priority under the Community Wellbeing strategic priority.

Officer Direct or Indirect Interest

No officers or contractors involved in the preparation of this report have a direct or indirect interest in matters to which this report relates.

Risk Assessment

The risks associated with the transfer of this land are able to be managed following normal management procedures and processes.

Social Considerations

The provision of supported accommodation in Ocean Grove for people with disabilities will ensure that this community is able to access specialised housing and support services.

Human Rights Charter

The subject of this report enhances the rights of people with disabilities in the local community in that it assists in the provision of disability specific housing.

Consultation and Communication

A consultation plan will be developed to ensure that the decision of Council is clearly communicated to the community. This will be delivered by Community Services through Council’s media and communications department.

2. Financial Management Report – December 2014

Purpose

The Quarterly Financial Report for the period ending 31 December 2014 is prepared as a requirement of Section 138 of the Local Government Act 1989.

Summary

• Council approved amendments to the adopted Budget on 26 August 2014 and variances are reported based on comparing actuals to amended budget.

• The recurrent operating surplus for the half year is $6.1M, being $9.1M favourable to amended budget and reflects favourable performance and timing issues.

• The non-recurrent surplus for the half year is $32.2M, being ($0.3M) unfavourable to budget with unfavourable Gain/Loss on Sale of Property ($1.0M), Capital Income ($0.8M), offset by favourable Recognition of Infrastructure $0.9M and Loss on Disposal of Infrastructure $0.6M.

• Capital expenditure for the year to date is $53.0M against a year to date projection of $61.6M, which is $8.6M underspent to projection.

• The cash and investment balance of $48.0M is $17.1M favourable to budget.

Cr E Kontelj moved, Cr Heagney seconded -

That Council note the Quarterly Financial Management Report to 31 December 2014.

Carried.

Background

The report is prepared as a requirement of Section 138 of the Local Government Act 1989 which requires that at least every three months a statement be presented to Council comparing the budget with the actual revenue and expense for the financial year-to-date.

Discussion

Operating

The December Management reports are provided in the following table to report year-to-date performance and full-year projection performance versus budget.

The Adopted Budget was amended by Council on 26 August 2014 to include Carryover Capital and discretionary projects, plus other Capital and recurrent amendments.

The impact on the Recurrent Expenditure Budget is ($7.06M), consisting of carryover discretionary projects funded in 2013-2014, plus other budget amendments.

The impact on Non Recurrent income was $0.73M for carryover of capital income from 2013-2014 projects, plus other budget amendments.

The amended capital expenditure budget included an additional $42.85M to complete 2013-2014 Projects, including Corio Landfill Rehabilitation, Geelong Library & Heritage Centre, Grovedale Integrated Children’s Centre, Leopold Community Hub and Barwon Heads Early Learning Centre.

Other budget amendments (increase in Vic Roads Black Spot funding) increased total budget by $1.06M.

The following major variances to budget contributed to this result:

Recurrent Income

Recurrent Expenditure

The capital program is $8.64M underspent compared to Projection year to date, with project behind budget schedule as follows:

The month end cash and investments balance was $48.02M. This was $17.08M favourable to budget, mainly due to favourable recurrent surplus $9.1M and underspend on Capital $8.6M.

Council has future commitments for $24.2M, which are fully cashed back:

The Landfill Provision balance is currently $18.7M.

Environmental Implications

There are no environmental implications arising from this report.

Financial Implications

As detailed in the attached report.

Policy/Legal/Statutory Implications

The report is provided in accordance with requirements under the Local Government Act 1989.

Alignment to City Plan

This report contributes to responsible and sustainable financial management as aligned in Council’s City Plan objective on How We Do Business.

Officer Direct or Indirect Interest

Council staff preparing this report have no direct or indirect interest.

Risk Assessment

There are no risk implications arising from this report.

Social Considerations

There are no social implications arising from this report.

Human Rights Charter

There are no known positive or negative effects.

Consultation and Communication

The attached report is provided for information and public record and is available from the Council Governance or Financial Reporting units.

3. Emergency Management – Municipal Management Plan 2015-2017

Purpose

This report recommends the adoption of the Municipal Emergency Management Plan 2015 – 2017.

Summary

• Part 4, s21(3) of the Emergency Management Act 1986 (the Act), requires a municipal council to appoint a Municipal Emergency Management Planning Committee (MEMPC) constituted by persons appointed by the municipal council being members and employees of the municipal council, response and recovery agencies and local community groups involved in emergency management issues;

• Part 4, s21(4) of the Act states that the function of a MEMPC is to prepare a draft municipal emergency management plan for consideration by the municipal council;

• Part 4, s21(5) of the Act requires that the MEMPC must give effect to any direction guidelines issued by the Co-ordinator in Chief, i.e. the Minister of Police and Emergency Services;

• The City of Greater Geelong Municipal Emergency Management Plan (MEMPlan) complies with the abovementioned provisions of the Emergency Management Act 1986 and undergoes an annual update so as to ensure it reflects the agreed arrangements, new developments or directions issued by the Co-ordinator in Chief. Every 3-years the MEMPlan undergoes full and extensive review following the external independent audit which is required under Part 4, s21A of the Act;

• The 2015-2017 MEMPlan is the new revised and MEMPC endorsed version to that recently audited and includes all audit recommendations as well as amendments agreed to by the Municipal Emergency Management Planning Committee; and

• In order to maintain its currency, the 2015-2017 MEMPlan will continue to receive annual updates that are agreed to by the Municipal Emergency Management Planning Committee. These updates will occur in November 2015, 2016 and will be followed by a full review in November 2017.

Cr Ellis moved, Cr Ansett seconded -

That Council endorse the Municipal Emergency Management Plan 2015 – 2017.

Carried.

Background

Part 9 of the Emergency Management Manual Victoria contains thement Plan (MEMPlan);

• appoint a Municipal Emergency Resource Officer(s). This officer is responsible to the municipal council for ensuring the co-ordination of municipal resources to be used in emergency response and recovery;

• appoint a Municipal Emergency Management Planning Committee and this committee must prepare the Municipal Emergency Management Plan for consideration of the council; and

• submit the MEMPlan for audit every 3-years.

Council’s Municipal Emergency Management Plan (MEMPlan) 2012-2014 was audited during June 2014 and council was presented the audit certificate during November 2014. Following the June audit the MEMPlan underwent a review. This review considered all recommendations made by the external audit panel.

This new plan, i.e. the Municipal Emergency Management Plan 2015-2017 is now the current plan and as such council needs to consider the plan in accordance with s21(4) of the Emergency Management Act 1986.

Discussion

The Municipal Emergency Management Plan (MEMPlan) is a plan that outlines the agreed arrangements for preparing for, responding to and recovering from emergencies and, as mentioned above, is a legislative requirement for all Victorian municipalities under the Emergency Management Act 1986.

As part of the quality control that applies to the Municipal Emergency Management Plans, council’s MEMPlan undergoes an annual update and a full review following the independent audit which is conducted every 3-years. These updates and reviews are overseen by the Municipal Emergency Management Planning Committee.

Presently, VicSES chair all MEMPlan audit panels across the state with representatives from Victoria Police and the Department of Human Services comprising the balance of the audit team. These officers represent the Regional Response Planning Committee and Regional Recovery Planning Committee respectively.

As part of the audit process, the MEMPlan is assessed against preset criteria and then the audit panel interviews the Municipal Emergency Resource Officer and the Municipal Recovery Manager. These two officers represent the larger Municipal Emergency Management Planning Committee.

Following the audit and full review of the plan, the plan is then presented to the Council for formal adoption.

At the November 2014 Municipal Emergency Management Planning Committee, the committee endorsed the 2015 - 2017 MEMPlan update and recommended that Council now adopt the Plan.

Environmental Implications

It is an important fact that many emergency events do have an impact on the environment. Well planned and coordinated response and recovery practices will only assist to minimise this impact. This is a important reason for why Council needs to pay close attention to its emergency management role and has a plan that guides these practices.

Financial Implications

The costs associated with reviewing the Plan have not been estimated, but have been covered within the current approved budget.

Burning the MEMPlan to 40 compact disks and the distribution of the compact disks has also been budgeted for within the Emergency Management and Fire Prevention Unit’s approved budget.

Policy/Legal/Statutory Implications

In accordance with the Emergency Management Act 1986, Council has a statutory responsibility to resource, plan, respond and provide assistance to emergency situations. Council is also required to have a Municipal Emergency Management Plan and appoint officers to particular positions under this Act and the Country Fire Authority Act 1958. Council is, via the Municipal Emergency Management Planning Committee, required to review this plan annually and conduct a risk assessment via the Community Emergency Risk Assessment (CERA) program every 3-years. Council is meeting these obligations.

The 2015 - 2015 MEMPlan complies with the Emergency Management Act 1986 along with recent amendments to the Emergency Management Manual Victoria.

Alignment to City Plan

Responding to emergency events ties into City Plan 2013-2017 Community Wellbeing strategic direction. These responses are provided as per the agreed arrangements outlined by the Municipal Emergency Management Plan (MEMPlan) which is also listed as a master plan to assist in delivering Community Wellbeing priorities.

Officer Direct or Indirect Interest

No council officers associated with writing this report have any direct or indirect interest, in accordance with Section 80 (C) of the Local Government Act 1989.

Risk Assessment

The annual update and 3-year review of the MEMPlan will ensure, as far as is practicable, that the MEMPlan will pass the next external audit process which is scheduled for 2017.

Social Considerations

Generally, the community expects council to take a lead role in emergency situations and particularly the recovery ‘phase’. This phase needs to, and does, commence simultaneously with response operations. Council’s role in emergency management both during and after an event is critical to the continuing well being of the affected communities. The impact of an event such as bushfire or flood or heatwave not only affects property/infrastructure but can also have long term impacts in terms of the communities social, health and economic well being.

This is a further compelling reason for Council’s close attention to its emergency management role.

Human Rights Charter

An emergency, depending upon its size and nature can affect the whole community and, once again, depending upon the type of emergency can have long lasting community impact. The on-going development of the Municipal Emergency Management Plan 2015-2017 and compliance with the Emergency Management Act 1986 strives to enhance community safety and is consistent with the obligation under the Victorian Charter of Human Rights and Responsibility.

Consultation and Communication

Consultation is undertaken via the members of the Municipal Emergency Management Planning Committee. This committee is a multi agency committee and includes organisations such as: City of Greater Geelong, Victoria Police, VicSES, Country Fire Authority, Department of Environment and Primary Industries, Barwon Health, Red Cross, Lifesaving Victoria, Corangamite Catchment Management Authority, Barwon Water, Ambulance Victoria, St Johns Ambulance as well as industry representatives including Viva Energy, Terminals, Avalon Airport and Geelong Port.

A copy of the report has previously been circulated for Councillor information.

4. Delegations and Authorisations – Council to Staff

Purpose

To appoint Council Officers as Authorised Officers under the Planning and Environment Act 1987.

To update the delegations from Council to members of Council staff, incorporating changes to legislation as advised by Maddocks lawyers.

Summary

• Council officers are appointed as Authorised Officers to exercise statutory powers under various Acts and Regulations. Appointments are to individual staff members unlike delegations which are position based.

• Previously authorised officers were appointed under sub-delegation by the Chief Executive Officer pursuant to the general powers of the Local Government Act 1989. Legal advice has informed Council that where there is a specific power within an Act, Council should appoint Authorised Officers pursuant to that Act, rather than the general powers of the Local Government Act 1989. Council has some officers that are required to be appointed under the Planning and Environment Act 1987.

• Appendix 1 sets out the new Instrument of Appointment and Authorisation and lists those staff required to be appointed as Authorised Officers under the Planning and Environment Act 1987.

• Section 98 of the Local Government Act 1989, section 188 of the Planning and Environment Act 1987, section 58A of the Food Act 1984 and other legislation empowers Council to delegate its powers duties and functions to appropriate Council staff holding positions within Council.

• While most delegations to staff are in the form of sub-delegation from the Chief Executive Officer, there are a small number that require specific delegation from Council.

• Updated delegations (Appendix 2) reflect recent legislative amendments that are advised by Maddocks lawyers bi-annually.

Cr Heagney moved, Cr E Kontelj seconded -

In the exercise of the powers conferred by section 224 of the Local Government Act 1989 and section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached Instrument of Appointment and Authorisation (Appendix 1) and Instrument of Delegation (Appendix 2), Greater Geelong City Council (Council) resolves that -

1. the members of Council staff referred to in the Instrument of Appointment and Authorisation (Appendix 1) are appointed and authorised as set out in the instrument;

2. there be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff (Appendix 2), the powers, duties and function set out in that instrument, subject to the conditions and limitations specified in that instrument;

3. these instruments come into force immediately the common seal of Council is affixed to the instruments.

Carried.

Background

This report addresses:

• The appointment of Authorised Officers under the Planning and Environment Act 1987 directly by Council;

• Updates for Council to Staff delegations. These delegations include legislative changes up to December 2014 and are based on the Maddocks Lawyers model who is engaged to provide an update service.

Discussion

The Planning and Environment Act 1987 regulates enforcement and is reliant on authorised officers acting on behalf of the Responsible Authority (Council).

Recent legal advice has recommended that the appointment of authorised officers pursuant to the specific powers contained within the Planning and Environment Act 1987. Therefore this requirement needs to be a Council to Staff delegation rather than the broader authorisation of section 244 of the Local Government Act, which has previously has been sub delegated by the Chief Executive Officer. It is proposed that future Instruments of Appointment under the Planning and Environment Act 1987 will be included in the Planning Delegation section of Council meetings.

Appendix 1 sets out the Instrument of Appointment and Authorisation under the Planning and Environment Act 1987 and lists staff members to whom this authorisation applies (Attachment 1).

The proposed delegations of Council to members of staff detail sections of Acts and Regulations and nominate officers by position title to undertake specific powers, duties and functions on behalf of Council. Appendix 2 outlines the instrument of delegation from Council to Staff.

Delegations were last approved by Council in March 2014.

The changes in the December update were minor with a new duty inserted to keep a copy of levy certificates under the Planning and Environment Act 1987, and amending records to reflect the updated Planning and Environment(Fees) Further Interim Regulations 2014.

Attachment 2 to the Instrument of Delegation sets out the complete schedule of the relevant powers, duties and functions being delegated.

Attachment 3 lists the changes from the previous delegations approved in March 2014.

Environmental Implications

There are no environmental implications relative to this report.

Financial Implications

There are no financial implications relative to this report.

Policy/Legal/Statutory Implications

The delegation schedule has been prepared in accordance with the Maddocks lawyer’s model.

Alignment to City Plan

How we do business.

Officer Direct or Indirect Interest

No officer involved in the preparation of this report has a direct or indirect interest.

Risk Assessment

A properly prepared system of delegations and authorisations minimises the likelihood of officers acting outside their powers and exposing Council to unacceptable risk. Regular review of the delegations and authorisations ensures accountability and responsibility for decisions when the decision makers are identified. Delegations and authorisations can be subject to legal scrutiny in courts and tribunals.

Social Considerations

There are no social considerations relative to this report.

Human Rights Charter

No Human Rights are affected by the contents of this report.

Consultation and Communication

All delegations and authorisations are published on Council’s internal website, Cityweb. All relevant Managers have been consulted in the implementation of authorising officers under the Planning and Environment Act 1987 and any changes to delegations have been reviewed and endorsed by relevant Managers.

Appendix 1

Greater Geelong City Council

Instrument of Appointment and Authorisation

(Planning and Environment Act 1987)

By this instrument of appointment and authorisation Greater Geelong City Council -

1. under section 147(4) of the Planning and Environment Act 1987 - appoints the officers listed in Attachment 1 to be authorised officers for the purposes of the Planning and Environment Act 1987 and the regulations made under that Act; and

2. under section 232 of the Local Government Act 1989 authorises the officers listed in Attachment 1 generally to institute proceedings for offences against the Acts and regulations described in this instrument.

It is declared that this instrument -

1. comes into force immediately upon its execution;

2. remains in force until varied or revoked.

This instrument is authorised by a resolution of the Greater Geelong City Council

On <DATE>.

Appendix 2

Greater Geelong City Council
Instrument of Delegation
to Members of Council Staff

In exercise of the power conferred by section 98(1) of the Local Government Act 1989, and the other legislation referred to in the Schedule (Attachment 2), Greater Geelong City Council ("Council") by this instrument:

1. delegates each duty and/or function and/or power described in columns 1 and 2 of the Schedule (and summarised in column 3 of the Schedule) to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such duty and/or function and/or power in column 4 of the Schedule;

2. delegates each duty and/or function and/or power described in columns 1 and 2 of the Schedule (and summarised in column 3 of the Schedule) to any member of Council staff to whom a member of Council staff listed in column 4 of the Schedule reports;

3. declares that a delegate is not authorised by this Instrument of Delegation to:

1. 3.1 determine any planning permit application which any Councillor requests be referred to the Development Hearings Panel, Planning Committee or Council and such request is made before the delegate has made a decision on the permit application; or

2. 3.2 exercise the power conferred by the Planning and Environment Act 1987 to determine upon any application in cases where six or more objections to the grant of the permit have been made.

3. 3.3 refuse a permit under Section 52(1A) of the Planning and Environment Act 1987.

4. declares that–

1. 4.1 this Instrument of Delegation is authorised by a resolution of Council passed on <DATE> and

2. 4.2 the delegation authorised by a resolution of Council passed on 11 March 2014 is revoked; and

3. 4.3 the delegation:

1. 4.3.1 comes into force immediately the common seal of Council is affixed to this Instrument of Delegation;

2. 4.3.2 remains in force until Council resolves to vary or revoke it;

3. 4.3.3 is to be exercised in accordance with the exceptions, conditions and limitations set out in the Schedule and with the guidelines or policies which Council from time to time adopts.

4. 4.3.4 must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and

4. 4.4 the delegate must not determine the issue, take the action or do the act or thing:

1. 4.4.1 if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Resolution of Council; or

2. 4.4.2 if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a

1. policy; or

2. strategy

adopted by Council; or

3. 4.4.3 if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise; or

4. the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff

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