Council's Planning and Assessment Officer does not approve a development application. The Planning and Assessment Officer makes a recommendation to a more senior officer, known as the 'delegate' (who is at least one level higher - i.e. the Team Leader, Manager or Director as appropriate).
Depending on the type of development and the level of objection/submissions, the elected Council may consider and determine or recommend as appropriate those proposals which exceed the delegation of the General Manager. Reports to Council are placed on this website on the Friday before each meeting.
Section 96 Applications follow the same initial course as the original application.
When a Development Application is determined, the decision about the DA will be communicated to the applicant in writing, with advice about the legal ability to review or appeal under Section 81 of the Environmental Planning & Assessment (EP&A) Act. The decision will also be communicated to objectors in writing under the same section of the Act.
Regular public notice of consents for applications is given in the St George and Sutherland Shire Leader, in accordance with Section 101 of the EP&A Act. It should be noted that the validity of the consent cannot be challenged in Court, unless the challenge is within 3 months of the date of the public notice.
Generally, any application lodged where the applicant and/or land owner is a Councillor or Council Staff member or their family member or close friend, the application will be processed independently and reported to the elected Council for determination. Consideration shall also be given as to whether an application will be reported to the elected Council for determination when:
- an application has identified with a pecuniary or non-pecuniary, significant conflict of interests
- the scale and extent of the application lodged eg, pergola vs larger commercial proposal
- the proposed application seeks a substantive variation to any performance-based DCP or Council Policy
- the proposed application creates significant public interest and/or a large number of submissions
- the applicant and/or land owner is a staff member within the Development Assessment section or is a decision-maker on behalf of Council
- the extent of any public perception of a possible conflict of interests that may exist between the application lodged and the applicant's and/or land owner's relationship with relevant assessment staff and decision-makers at Council