Making an Effective Representation to the Council Assessment Panel

In my June Mitcham Community News article, I wrote about the Council Assessment Panel’s role in making planning decisions based off the State Government’s Planning and Design Code. What I didn’t touch on was how the public can make representations at these meetings about developments or tips for doing so effectively.

Firstly, a bit of background. When a development application triggers public notification, a small sign will be placed outside of the property, outlining the proposed development and with instructions on how to have your say. You can lodge your representation either via the PlanSA website or in person at the Council Chambers. You don’t need to be a planning expert or understand the planning code to make a representation.

Critically, when you submit your written representation, it will ask: “Would you like to talk to your representation at the decision-making hearing for this development?”. Answering “Yes” is key if you want to address the Assessment Panel. Answering “No”, even if you object to a development, might result in the proposed development not appearing before the panel at all.

Here are some quick tips on what to say when making a representation:

• The panel has read your written representation, so don’t re-read it – you could highlight several key points.

• The agenda documents include a response from the applicant to the concerns you raised – you might wish to provide some counterpoints in your representation.

• Bring your personal perspective - your knowledge of the local street and area is important and not something the panel necessarily has.

• Getting angry or frustrated doesn’t help your cause – stay calm!

While you don’t have to, referencing aspects of the Planning and Design Code is very helpful. To do this, visit: https://code.plan.sa.gov.au/

From here, entering the property address will bring up the relevant provisions of the Planning and Design Code. Under ‘Planning and Development Policies’, you will see three sections:

• Part 2 – Zones and Sub Zones

• Part 3 – Overlays

• Part 4 – General Development Policies

Interpreting the Code can be tricky but as a general guide:

• The provisions of an overlay take priority over all other relevant policies

• A subzone takes priority over zone policy or general development policies; and

• Zone policy takes priority over general development policies.

  
  

Looking at Zone requirements is a good place to start. The Code itself acts as a guideline not fixed rules. For example, the proposed development might be nine (9) metres in height, but the Code says the maximum building height is eight (8) metres. This is a guideline it does not mean the development can’t be taller. As a representor, highlighting why you don’t think that extra height is warranted could be a place to start.

Finally, many applicants often engage professional planning advice. Representors can choose to do this as well and it is not uncommon for many representors to crowdfund a planning professional to represent them at the panel. The Plan SA Website has a list of accredited professionals you can contact for assistance.