TOWNSVILLE CITY COUNCIL CITY PLANNING UNIT

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TOWNSVILLE CITY COUNCIL

ADMINISTRATION BUILDING

103 WALKER STREET

PO BOX 1268, TOWNSVILLE

QUEENSLAND 4810

TELEPHONE >> 1300 878 001

FACSIMILE >> 07 4727 9050

enquiries@townsville.qld.gov.au

www.townsville.qld.gov.au

Date >> 04 February 2016

Research Director

Infrastructure, Planning and Natural Resources Committee

Parliament House

George Street

BRISBANE QLD 4000

By email: ipnrc@parliament.qld.gov.au

Dear Sir / Madam

SUBJECT>> TOWNSVILLE CITY COUNCIL SUBMISSION – PLANNING BILL 2015 – PROVISION OF FURTHER INFORMATION

Townsville City Council would like to thank the Infrastructure, Planning and Natural

Resources Committee for the opportunity to appear before the committee at the

public hearing on the Planning Bills, held in Townsville on 28 January 2016.

At the hearing there were three matters in relation to which council undertook to

provide further information. Council is pleased to provide further information

towards the Planning Bill 2015 as follows:

1. Committee question:

In its submission (no.72), the Crime and Corruption Commission has raised

concerns that “Local governments are vulnerable to corrupt conduct due to

the diverse functions they undertake, the substantial amounts of money

involved in their functions, and the considerable authority and decision-

making powers their employees possess” (Sub 72 Pg.1). Do you believe that

planning related corruption is an issue for Council and what steps are taken

to reduce potential risks? In particular with regards to the following:

o What constitutes “minor or inconsequential” effects of a development

when determining whether an exemption certificate applies (section

46(3)(b)(i) PB; s41(3)(b)(i) PDB).

o Removing an appropriately qualified person from an alternative

assessment managers list (Section 48 PB; s.43 PDB).

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o Whether the creation of an alternative assessment managers list is

limited to code/standard assessments (Both sets of Explanatory Notes

(PB, p.59; PDB, p.50) state “impact” [merit] assessment… is more

appropriately undertaken by a directly accountable body such as a local

government”).

o Negotiating the required fee with an applicant (For a chosen assessment

manager. See ‘required fee” in Schedule 2 PB & PDB).

Council response:

While council does not believe that planning-related corruption is currently an

issue for Townsville City Council, council recognises the potential for

corruption in regard to local government generally.

In order to address this ever present risk, council has instituted a

comprehensive, council-wide Fraud Management Framework (Framework)

to minimise its exposure to the risk of fraud and corruption, and promptly and

comprehensively address any reports of fraudulent or corrupt conduct. The

Framework outlines council's approach to the prevention, detection and

reduction of fraud and corruption in both its internal and external dealings. It

has been developed in line with Australian Standard AS8001-2008 Fraud

and Corruption Control and the Crime and Corruption Commission's "Fraud

and Corruption Control Guidelines for Best Practice". The Framework

comprises a number of documents including a Fraud and Corruption Policy,

Fraud Management Guidelines and a Corporate Fraud Management

Response Plan. The Framework applies to all council activities and must be

followed by all people acting for or on behalf of council, including all planning

and development officers. Council has zero tolerance for corrupt conduct

and fraudulent activities.

In relation to council’s planning and development processes in particular,

council is aware of the potential for risk and engages in continual

improvement. In terms of council’s Risk Management Framework, the

Planning and Development Directorate identifies matters on an ongoing

basis in order to manage such risk. For example, as a result of previous

improvements, there is a separation of key functions to ensure that no single

officer manages a development matter throughout the entire assessment

process (customer services and fees management is separate to

development assessment; compliance inspection is separate to complaints;

and policy writing is separate from development assessment). Further, there

is ongoing monitoring and quality assurance of the development approval

process.

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In line with the Fraud Management Framework, council will continue to work

to improve controls associated with planning and development processes to

further minimise risk. Council is always vigilant in order to reduce the risk of

corruption to the best of council’s ability.

2. Committee question:

The Committee identified that another council had raised an issue in their

submission on the Planning Bill 2015 in relation to the definition of delegated

powers to assessment managers. Did Townsville City Council have a view in

this regard?

Council response:

Townsville City Council had not previously identified this matter as an issue

of concern. Upon review, our understanding is that, in terms of s.48, the

assessment of an application by an appropriately qualified person remains at

the discretion of local government (the entity) in terms of whether or not the

local government determines it should have a list of such persons, and for

what purpose. As such, a local government will be able to conduct its own

risk assessment in relation to the establishment of such a list. As such,

Townville City Council does not have any issues with this section.

3. Committee question:

What is the proportion of compliance assessable applications received by

council that are not meeting compliance?

Council response:

At the hearing on 28 January 2016, council highlighted to the Committee the

important function that compliance assessment plays within the current suite

of assessment categories and made the point that it should not be readily

cast aside as a category of assessment. In support of this statement, council

offers the following evidence.

In the 2013-2015 period, council issued a total of 2,217 compliance permits,

split across Material Change of Use, Reconfiguration of a Lot and

Operational Works applications. Within this same period, 437 action notices

were issued, meaning that further compliance work was required on

approximately 20% of permits. Council has a customer service focus in the

execution of its duties. Action notices are only issued where collaborative

resolution fails or where the issue is substantial. As such, the rate of non-

compliance would be significantly higher than the 20% reported herein.

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The following table provides a breakdown of these statistics:

Applications lodged for compliance assessment 2013 - 2015

Year Total –

Complia-

nce Cert.

Total –

Action

Notices

issued

MCU-

code

MCU-

impact

Reconfig

(other

than

survey

plans)

Reconfig

(survey

plans)

OP

Works

2013 644 104 94 31 17 166 336

2014 844 178 81 49 13 176 525

2015 729 155 95 35 15 160 424

The risk management implications to council are therefore apparent and may

not provide the appropriate assurances for downgrading the level of

assessment for many of the existing compliance functions to self-

assessable. As highlighted in our submission on the Planning Bill 2015,

without other options to manage what is currently compliance assessment,

council may be forced to consider raising the assessment levels to facilitate

an equivalent process. Such an outcome would come at a cost to not only

council, but both industry and the community and is contrary to the risk-

tolerant approach adopted in the current planning scheme (Townsville City

Plan).

Should you require assistance regarding any of the matters raised in this letter, or

would like to discuss any matters further, please contact the undersigned on

telephone number (07) 4727 9497 or email Graeme.Bolton@townsville.qld.gov.au.

Yours sincerely

Graeme Bolton

Director Planning and Development