Local Government

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The NSW Government has announced that the local government elections will be held on Saturday, 4 September 2021.
It follows the decision to postpone the September 2020 council elections for 12 months because of the COVID-19 pandemic to ensure the health and safety of candidates, voters and NSW Electoral Commission staff. 
The NSW Electoral Commissioner made the request to postpone the elections.
Minister for Local Government Shelley Hancock said current councillors will continue to hold their civic offices until the rescheduled local government elections are held on 4 September 2021.
“Local government elections are a vital part of the democratic process, ensuring local councils are accountable to their local communities,” Mrs Hancock said. 
“The decision to postpone elections was not taken lightly and was made to provide certainty for councils and communities across the State.”
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NSW Government announces 2021 local government election date

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The NSW Government is considering reforms to cap the number of boarding rooms allowed in a boarding house development in low-density residential zones.
The cap with be a maximum of 12 per site.
Anthony Roberts, The Minister for Planning, said the changes had been drafted in response to concerns from communities about local impacts of some boarding house developments.
“Tough rules already exist governing the development of boarding houses to ensure they are only approved where they are close to public transport, compatible with council rules on density and building height, and where there’s adequate additional parking.
“We have listened to the community and councils and what we’ve heard is that they want more limits placed on these developments in low density areas.
He said the limit on boarding house developments in the R2 zone would address community concerns about amenity impacts, such as overlooking, overshadowing and loss of on-street car parking.
Labor introduced a boarding house State Environmental Planning Policy (SEPP) in 2009, but never imposed a room limit. 
“Establishing a maximum number of boarding rooms per site in low density zones will help to better manage any amenity impacts of boarding house developments on adjoining and nearby properties.”
Mr Roberts said the Affordable Rental Housing State Environmental Planning Policy (ARHSEPP) had already been amended earlier this year to address concerns about off street parking.
“The AHRSEPP was originally introduced in 2009 to increase the supply and diversity of affordable rental and social housing throughout NSW. 
“However, it’s clear that the size, scale and proliferation of boarding house developments in the R2 zone is not in line with what was envisaged when the ARHSEPP was introduced.
“We already made changes in June this year, in response to community concerns, to increase car parking standards to 0.5 spaces per boarding room in all locations.
“The proposed changes we are releasing today support the Government’s commitment to keep listening and to make sure communities are at the heart of planning policy,” he said.
The community is invited to comment on the proposed amendments which will be on exhibition from 28 November to 19 December 2018.
For more information <a href="https://www.planning.nsw.gov.au/affordablerentalhousingsepp" target="_blank">click here.</a><a href="https://protect-au.mimecast.com/s/vq0gCJyBy2tqBpAvtVHgiM?domain=planning.nsw.gov.au" target="_blank" data-saferedirecturl="https://www.google.com/url?q=https://protect-au.mimecast.com/s/vq0gCJyBy2tqBpAvtVHgiM?domain%3Dplanning.nsw.gov.au&amp;source=gmail&amp;ust=1543452549674000&amp;usg=AFQjCNEIsFj_FRyzheqg4UvRC--AdN5_9w"> </a>
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j.ballantyne1990-6AQqhLzZaK

NSW government set to impose room limits for boarding houses in low density zones

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NSW local councils are being encouraged to work with property owners who have unpaid rates to get on payment plans instead of taking ratepayers to court.
The State’s 128 councils collect more than $4 billion in rates each year which fund roads, footpaths, libraries, parks and swimming pools. 
Council actions to recover debts for unpaid rates make up 30 per cent of Local Court civil matters.
"More than 80 per cent of these claims involved amounts less than $2,000 and a high proportion were settled, paid or written off by councils before judgement,” Attorney General Mark Speakman said.
Local Government Minister Gabrielle Upton and Attorney General Mark Speakman released new Debt Management and Hardship Guidelines and called on all councils in NSW to review their policies and procedures to treat ratepayers more fairly.
The guidelines promote a range of strategies and actions councils can use to help ratepayers pay on time including:
<ul>
<li>·         a ‘stop the clock’ approach to suspend debt recovery, legal action and interest accrual while a ratepayer’s hardship application is awaiting determination or while they are complying with a payment plan;</li>
<li>·         tailored plans and flexible payment options including weekly, fortnightly and monthly instalments;</li>
<li>·         promoting Centrepay as a voluntary way for people to pay their rates directly from their Centrelink payments;</li>
<li>·         discounts to provide incentives for prompt payment in full;</li>
<li>·         greater discounts for pensioners facing hardship;</li>
<li>·         options for ratepayers to receive their rates and pay their rates electronically; and simplified rates notices including information in relevant languages.</li>
</ul>
<a href="https://www.olg.nsw.gov.au/content/debt-management-and-hardship-guidelines-0" target="_blank">The guidelines</a> have been issued by the Office of Local Government under the Local Government Act.
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New debt collection measures as council rate debt recovery make up 30 per cent of NSW Local Court civil matters

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Victoria's Minister for Local Government, Marlene Kairouz, has introduced the new Local Government bill 2018 be which, if passed, will repeal some legislation relating to local governments and amend other acts.

The new bill would repeal the City of Greater Geelong Act 1993, amend the City of Melbourne Act 2001, the Local Government Act 1989 and the Victorian Grants Commission Act 1976.

Spring Street is characterising the new bill as one that lifts the standards of governance in councils across the state and makes councillors more accountable to ratepayers.

According to a state government media release, the Local Government Bill 2018 will:

<blockquote>
Give the Minister for Local Government the power to suspend individual councillors who pose a significant threat to the governance of a council for up to a year

Clearly define sexual harassment under the Councillor Code of Conduct and introducing the power to remove councillors for serious sexual harassment

Allow mayors serving two-year terms to be ousted from their roles, following a motion moved by at least three-quarters of all councillors in office

Include new measures to ensure service charges levied by Councils do not exceed the cost of those services
<cite>Victorian State Government media release</cite>
</blockquote>

The legislation will also require councils to start laying out budgets in the same way as state and federal governments do - provide forward estimates which extend out to 4 years.  This is an Australian-first.

Mayors will be required to annually report how councils are tracking against the new four year budgetary plans.

Consultation on the new legislation has been <a href="https://www.localgovernment.vic.gov.au/our-programs/local-government-act-review">underway for three years</a> however the emphasis on defining sexual harassment has obviously taken on more zeal in light of the scandal with the former Lord Mayor of Melbourne, Robert Doyle.

On top of the four year council plans and four year council budgetary process, councils will also be required to devise a long-term community vision, a ten year financial plan and a ten year asset plan.

"We want councils focused on the long-term and these changes will help them do exactly that," the minister said.  “We are bringing this Act into the 21st century – helping make councils more accountable and focused on the needs of their communities.”

Lead image credit: <a href="https://commons.wikimedia.org/wiki/File:South_Melbourne_Townhall.jpg">Wikipedia</a>.
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Alastair Taylor

Victoria's new local government bill introduced to state parliament

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Most local governments in Greater Perth are poor planners, while slow processing times at the state also hold up local projects, according to a new report by the Property Council of Western Australia.
The report, Benchmarking Greater Perth Local Governments, which measures the planning performance of local governments in 29 of Greater Perth’s councils, highlights a lack of strategic and statutory planning amongst councils.
“The results of our benchmarking report are generally disappointing with only two councils – the Cities of Melville and Belmont, showing a high level of planning performance,” Property Council WA executive director Lino Iacomella said.  
After the self-assessment by the 29 local governments, they were benchmarked against five elements of a best practice planning framework including: strategic planning; statutory planning; delegation of planning approval to professionals for determination; timeliness of processing planning applications and performance reporting. 
“A local planning strategy sets out a vision for the type of development that is needed in order for an area to grow and prosper. A good strategy is produced or reviewed at least every five years. The best local planning strategies are those that are developed in consultation with the community  and ultimately get implemented as there is already a level of community buy-in.”  
The report also highlights concerns at the state planning level. Many of the local governments, that took part in the self-survey, said that the Department of Planning and Western Australian Planning Commission (WAPC) are unable to process planning documents in a timely manner.
The report said that local governments would have done better had the Department and WAPC were more efficient.
“Ultimately, many communities are being let down by the poor planning performance of their council. These councils need to raise their game to ensure that communities can grow and thrive and build a vibrant Western Australia.”
Of the 29 councils surveyed, key findings from the report include:
• Only two councils – the Cities of Melville and Belmont, have a high level of planning performance.
• Only seven councils surveyed have a local planning strategy that is less than 5 years old.
• Only three councils have a local planning scheme that is less than 5 years old with the average age of council schemes being 14 years old.
• Only three comprehensive scheme reviews have been completed by the City of Armadale, City of Cockburn and City of Kwinana.
• On average, 95 percent of all applications are being delegated to planning officers.
• 88.5 percent of applications are being processed within the required timeframe of 60 days.
• Only two local governments publicise indicators of local planning performance.
• Only 24 percent of local governments believe that the Department of Planning and WAPC could meet required processing timeframes.
The report suggested that while WA’s councils were good at processing development applications with 95 percent of applications being delegated to planning officers and 88.5 percent of applications being processed within the necessary timeframes, strategic planning was not up to the mark. It suggests the councils to focus on improving the way they report on their local planning performance. 
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