I refer to the letter to the Editor by Housing Plus CEO, Mr David Fisher titled "Time is now to take pressure off the rental sector" published in the CWD on the November 1, 2019 and ongoing correspondence that I have received from Residents and Ratepayers.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
As an Orange City Councillor I am frequently required to vote on development applications that affect both the applicant and neighbours that may be impacted upon by the proposed development.
Council staff, who are qualified in matters related to development applications, also advise councillors if the development complies with the rules applicable to the type of development proposed.
In particular but not limited to the Orange Local Environment Plan 2011 (LEP), Orange Development Control Plan 2004 (DCP) and the State Environmental Planning Policy (Infrastructure) 2007.
Councillors are required to vote on planning issues.
If councillors refuse to allow a development that complies with the rules and relevant legislation, then it is open to the applicant to appeal the council decision in the Land and Environment Court.
My responsibility as a Councillor is not to pass judgement on the character of the tenants likely to occupy the development.
- Orange City councillor Tony Mileto
The court has the power that may overturn the council decisions.
The court may also invariably overrule council decisions when the development is permissible under the rules and allow development to proceed.
In some cases the legal costs are often in the hundreds of thousands of dollars for both sides and the court can order council to pay all the costs in a case of a successful appeal by the development applicant.
As a Councillor I need to be mindful not to refuse a compliant development application when it is foreseeable the refusal is likely to be overturned on appeal, especially where a precedent has previously been set aside.
The wasting of ratepayers' money is not in anyone's interest, especially when our focus should be on keeping rates down.
Recently Development Applications have come before councillors from the NGO Housing Plus for the approval to construct either affordable, and/or social housing development.
Council planning staff are required to advise councillors whether the development is within the guidelines and is compliant or permissible with the rules as they stand.
On recent occasions, nearby neighbours of the proposed development have some genuine concerns that need to be addressed but council needs to be mindful that the development application is within the rules and refusal can trigger an expensive legal action in the Land and Environment Court.
It is my point of view that Council needs to work with the applicant and neighbouring residents and find a compromise that is acceptable to all parties.
My responsibility as a Councillor is not to pass judgement on the character of the tenants likely to occupy the development, but address the specific concerns of the neighbours while recognising the interests of the developer trying to fulfill their aim of creating affordable housing in Orange that is so desperately in short supply.
Councillor Tony Mileto
What do you think?
- Send us a letter to the editor using the form below:
