Council Assessment Panel

Due to COVID-19 restrictions for public gatherings, and pursuant to S17 of the COVID-19 Emergency Response Act 2020 (COVID-19 Act) Council Assessment Panel (CAP) meetings will be held by electronic means effective 9 April 2020.  For Adelaide Hills Council, this means that Members will be accessing electronic (virtual) meeting rooms to participate in the meeting utilising a software platform called Zoom.

CONTENTS
Accessing CAP meetings via Zoom
An overview of the Council Assessment Panel
Agendas and Minutes
Meeting procedures
Code of Conduct
Lodging complaints about the conduct of a member of the Panel
Assessment Manager
Delegated Powers and Delegation Policy

ACCESSING CAP MEETINGS VIA ZOOM 
CAP meetings will be conducted in virtual meeting rooms and these will be live-streamed in order to satisfy the legislative requirement that a meeting be conducted in a place open to the public.

The CAP Meeting Webinar will be accessible to the public from 6.15pm on the day of the meeting for a 6.30pm commencement.  There will be no in person physical access to the Council meeting room.  All public access will be electronic.

Please click the link to join the 8 July 2020 webinar:  https://us02web.zoom.us/s/84957742813?pwd=c09QNHZ4Umg4YVpSUk9Ea1pwU1F5Zz09

Password - 689202

Please note:

  1. You are required to provide a name and email address to join the public meeting as an attendee.  If you have not previously used Zoom you may be asked to 'join from the browser' or to 'download the software'.  This is at your own risk and Adelaide Hills Council does not accept any responsibility arising from this decision.
  2. You will be able to see and hear all of the Council Assessment Panel Members and Officers participating in the meeting, however you will not be able to interact with them unless invited to do so by Council's Assessment Manager as the Applicant, Applicant's Representative or Representor.
  3. The webinar will be open to the public at 6.15pm for a 6.30pm start.  If you attempt to join before 6.15pm, you will be advised to wait for the meeting to be broadcast.  Your connection will appear as pending and you will be connected once the meeting opens for broadcasting.
  4. You can join and leave the webinar at any time.
  5. If CAP needs to discuss a confidential item, in accordance with the provisions of the Planning, Development and Infrastructure Act 2016 (PDI Act) your access to the meeting will be disconnected.

Should you have any questions, please contact the Assessment Manager, Deryn Atkinson (Ms), via email datkinson@ahc.sa.gov.au or call 8408 0522 or 0408 840 271.

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AN OVERVIEW OF THE COUNCIL ASSESSMENT PANEL
Council Assessment Panel (CAP)
meetings are held on the second Wednesday of each month. Meetings generally start at 6.30pm and will be held in the Zoom virtual meeting room, or as otherwise determined by the Panel.  Details of the link for the virtual meeting room will be placed on this webpage leading up to each meeting.

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 23 April 2019. This CAP replaces the previous Council 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 the current Delegations Policy which has been prepared pursuant to Section 34(27) of the Development Act, 1993.  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 a total of five members, of which one is a Council Member and four are Independent Specialist Members including an Independent Presiding Member, as follows:

  • Geoff Parsons (Independent Presiding Member)
  • Ross Bateup (Independent Member)
  • David Brown (Independent Member)
  • Piers Brissenden (Independent Member)
  • Cr John Kemp

Council has also appointed an additional Specialist Independent Member:

  • Karla Billington

Karla will be called upon, as and when required, when matters involving potential impacts on the watershed and/or water quality run-off are to be considered.  In accordance with the legislation, she has no voting rights at any meetings that she attends.

Independent Members have been appointed for a term ending 31 May 2021, subject to them achieving the required accreditation under the PDI Act. Councillor Kemp has been appointed for a term ending on 31 May 2022.

Council has adopted Terms of Reference for the Council Assessment Panel - please click here to view.

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AGENDAS AND MINUTES 
Agenda and Reports for CAP are posted on the website the Thursday prior to the scheduled Wednesday meeting. 

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.

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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 10 June 2020.

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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. 

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LODGING 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.

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ASSESSMENT MANAGER 
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.  

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DELEGATED POWERS AND 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.

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