staff report c7 - attachment (i)

Attachment to Code of Meeting Practice Report Table 4.1: List of amendments made to the draft Code of Meeting Practice following

October Councillor Workshop :

Content from draft code exhibited Proposed amended content

8 Mayoral minutes (cl 243)

8.1 The Mayor has authority to put certain matters to a Council meeting via a mayoral minute.

8.2 Mayoral minutes deal with matters that relate to Council’s functions and responsibilities or with issues which have been officially brought to Council’s attention (e.g. by letter to the Mayor or the General Manager).

8.3 A mayoral minute will always be the first item of business at a Council meeting.

8.4 It is not necessary for a mayoral minute to be seconded before an associated motion is moved by the Mayor

8.5 Mayoral minutes must not be used to introduce, without notice, matters that need research or detailed consideration by councillors prior to arriving at a decision. Such matters must be placed on the Agenda, with the usual period of notice being given.

8.6 If the Deputy Mayor is officially acting in the Mayor’s role the right and entitlements in relation to mayoral minutes shall apply.

8 Mayoral minutes (cl 243)

8.1 The Mayor may put to a meeting (without notice) any matter which the council is allowed to deal with or which the Council officially knows about.

8.2 Mayoral minutes can deal with cover matters that relate to Council’s functions and responsibilities or with issues which have been officially brought to council’s attention (e.g. by letter to the Mayor or the General Manager).

8.3 The power to make mayoral minutes recognises the special role of the mayor.

8.4 A mayoral minute will always be the first item of business at a council meeting.

8.4 It is not necessary for a Mayoral Minute to be seconded before an associated motion is moved by the Mayor. The Mayor may move that the minute be adopted without the motion being seconded.

8.5 Mayoral minutes must not be used to introduce, without notice, matters that need research or detailed consideration by councillors prior to arriving at a decision. Such matters must be placed on the Agenda, with the usual period of notice being given.

8.6 With the agreement of the Mayor, mayoral minutes may be altered. Changes to mayoral minutes should avoid introducing without notice, matters which need research or detailed consideration.

8.7 If the Deputy Mayor is officially acting in the Mayor’s role the right and entitlements in relation to mayoral minutes shall apply.

Staff Report C7 - Attachment (i)

9 Notice of motion (cl 241)

9.1 Notice of motion serves two purposes:

(a) It enables a Councillor to bring to the attention of the Council, matters which may not otherwise be included in the business of a Council meeting.

(b) It also provides opportunity for other Councillors to consider the form and content of the motion before a matter is presented at the meeting.

9.2 Councillors can have items placed on the Agenda via a Notice of Motion. A Notice of Motion must be provided in writing to the General Manager a minimum of one week prior to the distribution of meeting papers.

9.3 If a Notice of Motion is seeking an immediate determination on a matter, it should be accompanied by appropriate notes or comments from Council staff. This will assist Councillors in making an informed decision and ensure members of the public understand the reasons for and effects of the decision.

9.4 If a Notice of Motion requires supporting notes, it must be submitted in writing to the General Manager at least two weeks before the Council meeting.

9.5 Notices of Motion dealing with matters:

of extreme urgency

which do not require an immediate determination (i.e. calling for a report to be presented at a later Council meeting)

that require Council to note information, or extend congratulations may be received as late as 9:00 am on the day before Business Papers are scheduled to be distributed (i.e. the Wednesday before an Ordinary Meeting). Where possible, written notice should be provided in person and the document signed by the

9 Notice of motion (cl 241)

9.1 Notice of motion serves two purposes:

(a) It enables a councillor to bring to the attention of the Council, matters which may not otherwise be included in the business of a Council meeting.

(b) It also provides opportunity for other councillors to consider the form and content of the motion before a matter is presented at the meeting.

9.2 Councillors can have items placed on the meeting agenda via a notice of motion.

9.3 Notice of motions must be lodged with the General Manager via email or in writing and signed by councillor a minimum of two weeks prior to the meeting at which the item will be considered.

9.4 If a notice of motion is seeking an immediate determination on a matter, it should be accompanied by appropriate notes or comments from Council staff which are included as part of the agenda. This will assist councillors in making an informed decision and ensure members of the public understand the reasons for and effects of the decision.

9.5 Notices of motion dealing with matters:

of extreme urgency

that do not require an immediate determination (i.e. calling for a report to be presented at a later Council meeting)

that require Council to note information, or extend congratulations may be received as late as 9:00 am on Wednesday a week before an ordinary meeting).

9.6 In the absence of a councillor who has placed a notice of motion on the agenda for a meeting of a Council: any other councillor may move the motion at the meeting, or the chairperson may defer the motion until the next meeting of the Council


relevant Councillor. Where Councillors are unable to attend in person, the Notice should be forwarded to the General Manager via email and confirmed by the relevant Councillor via telephone.

9.6 In the absence of a councillor who has placed a notice of motion on the agenda for a meeting of a council: any other councillor may move the motion at the meeting, or the chairperson may defer the motion until the next meeting of the council at which the motion can be considered (cl 245)

9.7 If the business put forward in a Notice of Motion is, or would be, unlawful, the General Manager must not include the business in the agenda (cl 240).

at which the motion can be considered (cl 245)

9.7 If the business put forward in a notice of motion is, or would be, unlawful, the General Manager must not include the business in the agenda (cl 240).

17 How much notice must be given of a Council meeting?

17.3 Council must also advertise the meeting to the public by placing a notice in a local newspaper (cl 232). Council uses its weekly Manning News advertisement in the Manning River Times to advertise Council meeting dates and times and also publishes the information on its website www.gtcc.nsw.gov.au .

17 How much notice must be given of a Council meeting?

17.3 Council must advertise the meeting to the public by placing a notice in the local newspaper (cl 232) and also on its website www.gtcc.nsw.gov.au

22 Presence at Council meeting

22.4 Note: Tendering an apology does not constitute a formal leave of absence.

21 Presence at Council meetings

21.4 Acceptance of an apology is a positive acknowledgement of the courtesy of the person who tendered it. It does not constitute a formal leave of absence.

23 Application for leave of absence

23.1 A Councillor’s application for leave of absence from Council meetings should, where practicable, be made in writing, including by electronic means, and identify (by date) the meetings from which the Councillor intends to be absent and reason the absence is sought. This application is to be lodged with the General Manager and submitted to the next meeting of Council for determination (cl 235A)

23.2 A councillor applying for a leave of absence from a meeting of a council does not need to make the

22 Application for leave of absence

22.1 A leave of absence is a formal permission granted by way of council resolution excusing the attendance of a councillor at a particular meeting or for a series of meetings. It is sought by way of application to the council. It is recognised in both the Act and in the Regulation.

22.2 A councillor’s application for leave of absence from Council meeting/s should, where practicable, be made in writing, including by electronic means, and identify (by date) the meetings from which the councillor intends to be absent and reason the absence is


http://www.gtcc.nsw.gov.au/

http://www.gtcc.nsw.gov.au/

application in person and the council may grant such leave in the absence of that councillor (s 234(2)).

23.3 If the holder of a civic office attends a council meeting (whether or not an ordinary meeting) despite having been granted leave of absence, the leave of absence is taken to have been rescinded as regards any future council meeting (s 234(3)).

23.4 Leave of absence can only be granted prior to, or at, the meeting concerned and cannot be granted retrospectively

sought. This application is to be lodged with the General Manager and submitted to the next meeting of Council for determination (cl 235A)

22.3 A councillor applying for a leave of absence from a meeting of a council does not need to make the application in person and the council may grant such leave in the absence of that councillor (s 234(2)).

22.4 If the holder of a civic office attends a Council meeting (whether or not an ordinary meeting) despite having been granted leave of absence, the leave of absence is taken to have been rescinded as regards any future council meeting (s 234(3)).

22.5 Leave of absence can only be granted prior to, or at, the meeting concerned and cannot be granted retrospectively.

55 Motions and amendments

55.1 A motion is a proposal to be considered by Council at a meeting. It is a request for Council to do something, or to express an opinion about something.

55.2 An amendment is a change to the motion before the Council and takes place while that motion is being debated. It should be put forward in the same format as a motion i.e. “I move an amendment that . . . .”

55.5 A resolution is a motion which has been passed by a majority of Councillors at the meeting. It becomes a decision of the Council to be enacted by delegation to General Manager and in turn, to the appropriate officers.

54 Motions and amendments

54.1 A motion is a proposal to be considered by Council at a meeting. It is a request for Council to do something, or to express an opinion about something.

54.2 An amendment is a change to the motion before the Council and takes place while that motion is being debated. It should be put forward in the same format as a motion i.e. “I move an amendment that . . . .”

54.3 It is possible to advise the Council of an intention of a foreshadowed motion or amendment that relates to the business currently before Council.

54.4 The chairperson can not accept the foreshadowed motion or amendment until the current motion of amendment has been considered.

54.5 A resolution is a motion which has been passed by a majority of councillors at the meeting. It becomes a decision of the Council to be enacted by delegation to General Manager and in turn, to the appropriate officers.

54.6 More detail surrounding motions and amendments is provided below and a flowchart is included in Appendix 6.

56 Wording of motions

56.3 The Councillor moving the motion is

55 Wording of motions

55.3 The councillor moving the motion is


responsible for determining its wording. Where there may be some uncertainty or complexity of the wording the Councillor may, with the Chairperson’s consent, briefly explain the meaning of the motion. before debate commences.

responsible for determining its wording. Where there may be some uncertainty or complexity of the wording the councillor may, with the Chairperson’s consent, briefly explain the meaning of the motion. before debate commences. Any explanation as to meaning should be limited to making clear the issue, not extending debate on the motion.

57 Asking questions (cl 249)

57.1 Questions may be put prior to or during the debate.

57.2 Questions must be put should be clear and concise, without preamble or argument. The Chairperson may stop any question which does not conform to this requirement.

57.3 Where a question is asked which cannot be immediately answered, the General Manager may identify a suitable timeframe for the provision of a response.

57.4 Questions to staff should be asked as soon as possible. If there is insufficient time to adequately to research the answer prior to the meeting the General Manager will advise the relevant Councillor in writing of the delay and the anticipated date the answer will be provided.

57.5 Councillors may, through the Chairperson, ask questions of another Councillor who may decline to reply.

57.6 The Chairperson must not allow any discussion on a response to a question, or any refusal to reply (cl 249).

56 Asking questions (cl 249)

56.1 Questions may be asked concerning business before the Council prior to or during debate.

56.2 A councillor may ask a question of another councillor or a staff member

56.3 Questions may be put prior to or during the debate to inform decision making and seek fact.

56.4 A question to a councillor must be put through the chairperson.

56.5 A question to a staff member must be put through the general manager.

56.6 Any person to whom a question is put is entitled to be given reasonable notice of the question so as to allow that person time to research the matter, for example by referring to documents or making enquiries of other persons.

56.8 Questions must be clear and concise, put succinctly and without argument.

56.9 The chairperson must not allow any discussion on any reply or refusal to reply to such questions (cl 249 of the Regulation).

56.10 It is considered that staff refusal to reply would be in circumstances where they require further time to research the response to the question and seek relevant views of colleagues.

56.11 In this case, it would be good practice for council and/or the general manager to identify a timeframe for the response so that the period to respond is not open ended.

58 Moving motions

58.1 A motion or an amendment cannot be debated unless there is a “mover” and a “seconder” (cl 246). The mover puts forward the motion and, if a second person agrees with it, debate

57 Moving motions

57.1 A motion or an amendment cannot be debated unless there is a “mover” and a “seconder” (cl 246). The mover puts forward the motion and, if a second person agrees with it, debate


on the motion can begin. Where a motion is moved and there is no opposition, the motion is to be put without further debate. (cl 250(1))

58.2 There can be only a single motion and a single amendment before the Council at any one time during the debate (cl 247). The mover of the motion has the right to speak first and a general right of reply at the end of the debate (cl 250) as well as the right to speak on any amendment to the motion. No new arguments or material can be presented during the right of reply.

58.3 After the motion is moved and seconded, the Chairperson may ask if anyone wishes to speak on the matter. If no-one wishes to speak, the Chairperson will ask the mover of the motion if they wish to speak on the matter or proceed to the vote. Where the mover opts to speak on the matter, they may do so. If, after the address, no-one else wishes to speak, the matter will be put without the mover’s right of reply.

58.4 If other Councillors indicate they would like to speak, the debate may proceed as normal.

58.5 Councillors will speak for and against the motion in turn, starting with the mover of the motion, a speaker against, then proceeding to the seconder of the motion and so on. The seconder of the motion may choose to hold over their speaking rights until later in the debate. If a procedural motion is passed putting an end to the debate, the seconder will forfeit their opportunity to speak.

on the motion can begin.

57.2 Where a motion is moved and there is no opposition, the motion is to be put without further debate (cl 250(1)).

57.3 The chair has the discretion to call for a speaker(s) where a report or resolution is significant such that making a statement for public record is deemed to be appropriate.

57.4 There can be only a single motion and a single amendment before the Council at any one time during the debate (cl 247). The mover of the motion has the right to speak first and a general right of reply at the end of the debate (cl 250) as well as the right to speak on any amendment to the motion. No new arguments or material can be presented during the right of reply.

57.5 The mover of the motion has the right to speak first and a general right of reply at the end of the debate (cl 250) as well as the right to speak on any amendment to the motion. No new arguments or material can be presented during the right of reply.

57.6 After the motion is moved and seconded, the Chairperson may ask if anyone wishes to speak on the matter. If no-one wishes to speak, the Chairperson will ask the mover of the motion if they wish to speak on the matter or proceed to the vote. Where the mover opts to speak on the matter, they may do so. If, after the address, no-one else wishes to speak, the matter will be put without the mover’s right of reply.

57.7 If other councillors indicate they would like to speak, the debate may proceed as normal.

57.8 Councillors will speak for and against the motion in turn, starting with the mover of the motion, a speaker against, then proceeding to the seconder of the motion and so on. The seconder of the motion may choose to hold over their speaking rights until later in the debate. If a procedural motion is passed putting an end to the debate, the seconder will forfeit their opportunity to speak.


60 Moving amendments

60.1 An amendment to a motion requires a mover and a seconder. Amendments may be in the form of additional words to a motion and/or the removal of words from the motion. Any amendment to a motion must not alter the motion to the extent that it effectively reverses the motion. If the Chairperson believes the amendment to be new business, they may rule the amendment out of order.

59 Moving amendments

59.1 An amendment to a motion requires a mover and a seconder.

59.2 Amendments may be in the form of additional words to a motion and/or the removal of words from the motion.

59.3 Any amendment to a motion must not alter the motion to the extent that it effectively reverses the motion.

59.4 If the Chairperson believes the amendment to be new business, they may rule the amendment out of order.

84 Rescission motions

84.4 If more than three months have passed, a Notice of Rescission Motion can be submitted for inclusion in a forthcoming Agenda and must be received by the General Manager in writing no later than eight calendar days before the meeting in accordance with Notice of Motion procedures. No further action to carry out the resolution shall be taken until the rescission motion is dealt with.

83 Rescission motions

83.4 If more than three months have passed, a notice of rescission motion (signed by three councillors) may be submitted to the General Manager for inclusion in a forthcoming agenda in accordance with notice of motion procedures outlined in section 9 of this code. No further action to carry out the resolution shall be taken until the rescission motion is dealt with.

90 Public involvement in Council meetings

90.1 The general public is entitled to attend a meeting of Council as an observer (s 10) however, the Act does not specifically provide for members of the public to actively participate in meeting proceedings.

90.2 Council encourages public involvement and people may participate in the following ways, by:

attending the pre-meeting public question/submission time – Open Forum;

making a written submission;

making a presentation at the Council meeting;

attending Council meetings as a member of the public gallery; and

reviewing Agendas and minutes on Council’s website, at the administration centre or a local library.

89 Public involvement in Council meetings

89.1 The general public is entitled to attend a meeting of Council as an observer and member of the gallery (s 10). However, the Act does not provide for members of the public to actively participate in meeting proceedings.

89.2 Council encourages public involvement and people may participate in Council meetings in the following ways, by:

attending the pre-meeting public question/submission time – Open Forum;

making a written submission;

making a presentation at the Council meeting;

attending Council meetings as a member of the public gallery; and

reviewing Agendas and minutes on Council’s website, at the administration centre or a local library.


Note:

Council’s Communication Policy and protocol have been updated to reference these deletions.

Website contains procedural information to address Councillors at pre meeting question time.

93 Pre meeting question time – open forum

Remove entire section

This is confusing because it talks about something that is not pertinent to a meeting of the Council.

It is no different that any other forum or meeting of in the public domain in which one or all Councillors may attend

This is now referenced in the revised Councillor Communication Policy.

Sections 94 - 99 Re numbered to take into account deletion of 93.


Table 4.2: List of sections removed from the draft Code of Meeting Practice following October Councillor Workshop

Section Alternate document and location

93 Pre-meeting public question time - Open Forum

Reference to procedures made in Councillor Communication Protocol and Policy

Text is procedural and on website

http://www.gtcc.nsw.gov.au/Page/Page.aspx?Page_Id=78

Appendix to the Councillor communication protocol

Appendix 1

Council Statement of Commitment

It is a document signed by all Councillors hung on the wall of the Council Chamber

18 Councillor Workshops

Reference to councillor workshops removed as required. Some remaining reference remains where relevant

Referenced also in Councillor communication protocol

Appendix 3

Council Workshop Arrangements

Now reference in Councillor communication protocol


Appendix 7

Conducting onsite inspections

Now reference in Councillor communication protocol


93 Pre-meeting public question time - Open Forum

93.1 If there is any interest communicated to Council a 30-minute Open Forum Public Question session will be held prior to each Ordinary Meeting.

93.2 This session is not part of the formal meeting structure and there can be no formal debate or any resolutions made. It is designed as an opportunity for Councillors to hear public suggestions, ideas or concerns.

93.3 Members of the public who wish to ask questions or make a submission at the session must make application using the form available on the GTCC website. They must include with the application a list in writing of questions or a précis of the submission they propose to present. Assistance to complete an application may be sought from Council via telephone or in person.

93.4 Applications must be received by Council no later than 4pm the Monday prior to the meeting.

93.5 It will be at the Mayor’s discretion whether the speaker will be heard and the number of speakers on a particular issue may be restricted.

93.6 If an applicant has been allocated time at a previous session to speak on a specific topic, Council reserves the right to not allocate time to that applicant at a subsequent session.

93.7 Approved speakers will be required to sign a declaration that they have read the Speaking at Pre Meeting Public Question Time Forum Guidelines and agree to abide by them.


http://www.gtcc.nsw.gov.au/Page/Page.aspx?Page_Id=78

93.8 The session will be conducted as follows:

(a) the session will be held from 4.15 pm until 4.45 pm;

(b) six time slots, each of five minutes duration will be available;

(c) a speaker shall be limited to one five minute slot;

(d) the Chairperson will invite each speaker to take a designated position in the Chamber, to state their name and address before proceeding to speak on their single nominated topic;

(e) should they wish to do so a speaker may share their allotted five minutes with others, provided everyone speaks to the same subject;

(f) the General Manager may respond verbally to the question or issues raised in the presentation and if appropriate, may also provide a written response;

(g) if time permits Councillors may ask the speaker questions of clarification

(h) the session will be open to the public and the media

Council Statement of Commitment

Council’s Statement of Commitment was signed by Councillors 26 September 2012 and is on mounted on the wall of the Council Chamber. The following Statement

As duly elected Councillors with the Greater Taree City Council,

we will endeavour to make decisions in good faith

and in the best interest of the community of the Manning Valley area.

We will also use our best efforts in exercising careful stewardship over the public assets in our trust.

We will perform our public duty in accordance with these principles:

Integrity

Leadership

Selflessness

Objectivity

Accountability

Openness

Honesty

Respect

This means:

Integrity – We must not place ourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence in the performance of our duties.

Leadership – We have a duty to promote and support the key principles by leadership and example and to maintain and strengthen the public’s trust and confidence in the integrity of Council.

Selflessness – We have a duty to make decisions solely in the public interest. We will not act in order to gain financial or other benefits for ourself, our family, friends or business interests.


Objectivity – We must make decisions solely on merit and in accordance with our statutory obligations when carrying out public business.

Accountability – We are accountable to the public for our decisions and actions and should consider issues on their merits, taking into account the views of others.

Openness – We have a duty to be as open as possible about our decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands.

Honesty – We have a duty to act honestly. We must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in such a way that protects the public interest.

Respect – We must treat others with respect at all times.

18 Councillor Workshops

18.1 Councillor workshops are held so that Councillors can informally discuss issues with staff or amongst themselves.

18.2 Workshops will generally be held on the 1st Wednesday of each month, commencing at 1:00 pm. The need for additional workshops will be discussed with Councillors and confirmed by the General Manager.

18.3 Any notes arising from workshops will be promptly forwarded to Councillors.

18.4 The public may attend Councillor Workshops by invitation only, from the Mayor or General Manager.

18.5 Governance arrangements for the conduct of Councillor Workshops are detailed in Appendix 3.

Appendix 3

Council Workshop Arrangements

Status of Workshops

Workshops are not a legislated requirement for the operation of Council, but are considered an important resource to hold open conversations, build understanding and provide opportunity for questions and broad discussion of issues.

As noted in part 13 of the Office of Local Government’s Meetings Practice Note 16, workshops should not be used for detailed or advanced discussions where agreements are sought, reached and/or a de facto Council decision is made.

Any policy decision or detailed discussion, report or exchange of views on an issue to come before Council should not occur and be left to a formal Council meeting.

Workshops should be used as a means of communicating information to and with councillors to enable them to make informed decisions at open Council meetings.

Purpose of Workshops

Workshops are established as a means of communication between councillors and management. Workshops provide for sharing of information that may enable Councillors to make more fully informed decisions at open Council meetings, and for staff to clarify and respond to questions from Councillors.

Whilst notes are maintained, they are not formal minutes and are not available to the public.


Workshops are used for the following purposes:

Disseminating information

Discussing strategic items and advocacy issues

Meeting with local state and federal members

Addressing questions on significant issues from Councillors

Provision of briefings on issues by staff or Councillors

Workshop discussion may include:

Progress on major Council projects and capital works

Sector-wide issues

Updates on statutory planning processes, e.g. the LEP or Community Plan

Background to issues of key community significance, eg coastal erosion

Background to significant issues that are scheduled to come before Council

Issues significant to Councillors fulfilling their duties e.g. changes to legislation, Code of Conduct, etc.

Council Workshop Items

All Councillors are invited to request items for discussion to the Mayor two (2) weeks prior to the date of the Council Workshop. If the item cannot be addressed at that meeting, it will be placed on a standing list and be addressed at a future Council Workshop.

Following input from Councillors, the Mayor and the General Manager will finalise the agenda for workshops. The Mayor and General Manager may list late items if they are considered urgent.

Workshop material, including staff briefings [where feasible] will be circulated by close of business on the Thursday prior to the Workshop. Generally, the material will be provided electronically, but any hard copy information will be couriered to the designated mailbox of each Councillor.

Presentations from others may include background notes [where appropriate].

Frequency of Workshops

Council will generally conduct a workshop on a monthly basis, usually being the first Wednesday of the month commencing with lunch at 12 noon; with the Workshop commencing at 12.30 and concluding by 5.00pm.

If there is a requirement to hold an extra workshop, there are the following options:

(a) Allow for an extension of time at the beginning or conclusion of the designated workshop

(b) Hold an additional workshop prior to Council Meeting, or

(c) Schedule a separate Workshop an alternate Wednesday (2nd or 4th).

The Mayor and the General Manager will jointly decide upon the best option to suit the circumstances.

Who attends Workshops?

The workshops are predominantly established for Councillors to become better informed in respect to issues, and therefore all Councillors will be invited to participate in the workshops, although attendance is optional.

Where it is considered relevant to the discussion/s the General Manager may invite other staff to attend all or part of the Workshop.

Certain items may require other invited participants [other government officers, members


of parliament, developers, business and community groups] to attend for the part of the Workshop when that item is being discussed.

Workshop Chairperson and Facilitation

The workshop shall be chaired by a Councillor who is appointed by the Mayor before each workshop on a rotational basis.

The workshop Structure has three components:

1. Initial Hour – facilitated by workshop Chairperson.

(a) Review of notes from previous workshop

(b) Reports from Councillors on matters of strategic importance from Committees

(c) Open discussion of issues or questions raised by Councillors

2. Staff briefings / presentations - maximum of 3 hours – facilitated by GM or Executive Leader

(d) Generally, a maximum of 4 or 5 briefing items would be presented

3. Team Building Opportunities for Mayor and Councillors – facilitated by Mayor

Appendix 7

Conducting onsite inspections

Aim

1. For Councillors to familiarise themselves with the site and area to gain an understanding of the impact of any proposal.

2. Provide an opportunity for Councillors to ask questions of applicants and objectors

Decision to have an on-site inspection

When a decision to hold an inspection is made, the decision must reference the purpose of the inspection and give clear indication of who will be notified of the inspection.

Who can make a Decision to hold an on-site inspection?

A Councillor may make a request to the General Manager to hold an on-site inspection on receipt of the Council report. Council as a whole may make this decision when considering an application for development.

Conduct of inspections

The purpose of the inspection is for the gathering of facts and for Councillors to gain an appreciation and a full understanding of the onsite circumstances of a proposal. Any parties present are expected to contribute to this purpose. A decision on the proposal will not be made at the inspection.

Key points relating to the conduct of inspections:

The Chairperson at the inspection will have absolute authority.

Applicants and objectors may be asked to contribute by assisting with advice and explanation of their various points of view and to answer questions from Councillors and Council officers.

Objectors/applicants are not to debate issues with each other, Councillors or Council officers.

All questions must be asked through the Chairperson and answered through the Chairperson

Applicants and objectors all have the right to apply to address Council or Committee meeting when the matter is under consideration.


Inspections shall not be used for the transaction of council business or detailed or advanced discussions where agreement is reached and/or a (de-facto) council decision is made.

Any detailed discussion or exchange of views on an issue, and any policy decision from the options, shall be left to the open forum of a formal council meeting.

Chairperson of inspection

The Chairperson of the inspection will be either the Mayor, Deputy Mayor or Councillor as appointed by Council.

Agenda for conduct of onsite inspections

Council Officer introduces Chairperson and Councillors to those present.

1. Chairperson explains

(a) purpose of inspection

(b) procedures and conduct of inspection including rights and obligations of the various parties present

2. Council Officer outlines the proposal including reference to plans

If appropriate, applicants and objectors will be asked to put their views to the Councillors with the purpose of contributing to the understanding of the Councillors present.

The on-site inspection is taken to form part of the Council report and whilst it is documented by Staff, it is expected that all Councillors attend.


staff report c7 - attachment (i)

Documents