More than three-quarters of NSW homeowners think major developments should stay out of the reach of local councils and be determined by an appointed planning panel, according to new research commissioned by the Property Council of Australia.

The research appears to contradict the state government’s election promise to hand planning powers back to communities, as it undertakes the biggest overhaul of the state’s planning system in three decades.

The Property Council, a developer lobby group, is pushing to retain the three-year-old joint regional planning panels, but local councils want the panels scrapped.

…

A survey of 1000 NSW homeowners conducted by Auspoll for the Property Council found 78 per cent wanted the joint regional planning panels to determine big developments rather than local mayors and councillors.

However, very few respondents had heard of the panels before they were explained to them during the survey.

…

http://smh.domain.com.au/real-estate-news/keep-councils-out-of-planning-decisions-say-homeowners-20120124-1qfz7.html#comments

Democratic recognition

Democratic recognition—changing the Constitution to guarantee that local councils are elected bodies—was opposed by a number of key stakeholders, including the federal Opposition and several State governments and oppositions. It is not broadly supported as a referendum question by local government itself.

The panel notes the conclusion in ALGA’s submission that democratic recognition ‘would not succeed at a referendum. It would not be acceptable to State and Territory governments, it would not gain bipartisan support and it is questionable whether it would resonate with voters’.15

In fact, democratic recognition attracted the strongest support from the general public in the polling commissioned by the panel. The polling analysis indicates that democratic recognition appeals to ‘a higher-level concept than the institution of local government itself’16 and that this is a strong cause of the support. However, the panel recognises that the current state of political opinion may lead to a strong ‘No’ campaign at referendum that would see lower public support than currently indicated by the polling.

Prior to the 1988 referendum for constitutional recognition of local government—one of four questions put to the people at that time—polling before the campaign suggested that 66 per cent of people supported the proposal, but in fact only 33 per cent did so at the referendum. Newspoll, the polling company commissioned by the panel, noted with respect to all forms of recognition tested:
[U]ltimately the outcome of a referendum will be heavily influenced by arguments expressed in the public domain. What all of those arguments will be, who mounts them, and how effective they will be, is impossible to fully predict.

In isolation, the research obtains initial reactions of support that appear to be quite strong. However it also indicates they are based on somewhat fragile underpinnings.17

Most opposition to democratic recognition focused on the supervision of local government systems by the States and the Northern Territory. State governments were concerned that democratic recognition would limit their ability to manage and reform local councils, which are established under State and Territory legislation. A particular concern was that States and Territories retain the power to dismiss a local government and appoint an administration in the limited number of cases where a council is corrupt or dysfunctional.18

Under existing State Acts, local governments are elected in each State and Territory and there is no immediate threat to this occurring. In most States this position is affirmed in the State constitution, in some cases in a manner that requires a referendum to alter it (see Appendix G).

The Victorian Constitution has the most robust provisions guaranteeing the democratic status of local government and only allows the dismissal of a council by the Victorian Parliament, not its Executive.

The Victorian Government submitted that ‘there is nothing to be gained by including similar provisions in the Commonwealth Constitution’.19 To various degrees, other States could advance a similar view.

Should the Commonwealth proceed with a referendum using this option, the form of the amendment could minimise, but not eliminate, the degree of interference with State and Territory constitutions and statutes, by adopting the following formulation:

Each State shall, and each Territory may, provide for the establishment and continuance of a system of local government bodies elected in accordance with the laws of the State or Territory.

Under this provision, it is probable that State and Territory governments would not be able to exercise their executive powers to dismiss local councils, as they have done in the past. Nor could they pass legislation authorising themselves to do so either by legislation or executive order. To maintain the possibility of dismissing a local council, preferably by Act of Parliament rather than by ministerial directive, this amendment could be qualified by adding the following words:

The Parliament of a State or Territory may by Statute dismiss a local government body, and provide for the appointment of persons to perform its functions and exercise its powers until such time as a new local government is elected.

15 Australian Local Government Association, Submission No 334, 11.
16 Newspoll report, Appendix C, 7.
17 Ibid, 8.
18 Western Australian Government, Submission No 572, 2; Anne Twomey, Submission No 593, 13.
19 Victorian Government, Submission No 654, 2.

(note – emphasis added, indented paras in original replaced by italics for formatting reasons).

But we have no protection of our rights to be democratically represented at all times at the local government level.

States rights seem destined to prevail over which question will be put to the Australian people in a referendum regarding Constitutional recognition of local government, and it seems only a question to allow funds to flow to local government will get up.

Final report and Discussion paper from the Expert Panel of Constitutional Recognition of Local Government available for download from:

http://www.localgovrecognition.gov.au/

And if you want to know why this is and have 20 minutes to listen to the chair of the expert panel advising the Government there is a good video discussion at:

http://video.news.com.au/2168165097/Jim-Spigelman-tackles-changing-the-constitution

Media release from Local Government Minister:

Panel reports to Government on Constitutional Recognition of Local Government

22 December 2011
SC154/2011

Local Government Minister Simon Crean today released the report by the independent Expert Panel on Constitutional Recognition of Local Government.

Mr Crean said Labor’s commitment to recognition of local government in the Constitution was strong and long-held and that the Expert Panel’s work would play an important role in informing the community on the issue and assisting the Government on the best way forward.

Mr Crean said it was vital to protect the Commonwealth Governments ability to directly fund local government.

“Our experience with programs like Roads to Recovery and the recent stimulus package demonstrate the importance, the appropriateness and the advantages of being able to provide funding directly to local government,” Mr Crean said.

“Local government was in a unique position to provide shovel ready projects and the ability to directly fund those projects was important to the success of the stimulus and the roads program in delivering jobs and much needed infrastructure.

“We also know that the ability of the Commonwealth to directly fund local government can create a relationship that supports, facilitates and drives collaboration among all three levels of government.

“It can also leverage additional investment in the regions which is good for local communities and for the country.”

Chaired by former Chief Justice of the NSW Supreme Court, the Hon James Spigelman AC QC, the Expert Panel was asked to identify options for the constitutional recognition of local government and report on the level of support for constitutional recognition in the community.

A majority of the Panel members found that financial recognition is the only option with a reasonable chance to succeed at a referendum, provided steps are taken to secure the support of the States and achieve broader public awareness and engagement.

“The Expert Panel consulted widely with stakeholder groups and the community to look into the options for including local government in the Constitution,” Mr Crean said.

“I thank Justice Spigelman and panel members for their efforts in implementing a national consultation process and for delivering their findings within the given timeframe.”

Mr Crean noted the Federal Coalition’s support for the recognition of local government and, in particular, the ability of the Commonwealth to fund local government.

“The Government will now take time to consider the community’s views and details of the report before providing comment in early 2012.”

The Government appointed the independent Panel in August 2011, with representatives from a range of backgrounds and areas of expertise.

The Panel’s report is available at www.localgovrecognition.gov.au

The latest version (V3) of the Draft Community Vision, Goals and Target 2022 includes the vision thing:

“From the mountains to the sea, we value and protect our natural environment and we will be leaders in building an educated, creative and connected community.”

Comment by reformwcc.info:

There is more than a touch of hyperbole in “mountains” – “escarpment” would have been more accurate, and we should be valuing our cultural environment just as much as the natural environment. However, maybe we can be ‘leaders’ in building a connected community.

…

Goal 4. We are a connected and engaged community.

We will be a connected community, engaged in our neighbourhoods and other social networks. We have opportunities to participate in civil society and are empowered to have our say,

We respect and acknowledge the wisdom of age, the vitality and enthusiasm of our youth and the diversity of our community. We have embraced new technology to ensure all residents have equitable access to information, services and their networks.

Comment by reformwcc – long way to go, and some real resources needed to achieve this goal by 2022.

There will be more Council facilitated engagement on the Draft Community Strategic Plan during February and March, including assigning priorities and resources.

BACKGROUND

The Wollongong 2022 Community Strategic Plan is a 10 year plan that will identify the community’s main priorities and aspirations for Wollongong as well as strategies for achieving these goals. The Plan will guide the work of Council for the next 10 years.

For more (and now with recordings of town hall talks from 2011) see:

http://www.wollongong.nsw.gov.au/council/publicdocuments/Pages/Wollongong2022.aspx

For more information contact consultation@wollongong.nsw.gov.au (now back at work for 2012).

Here’s an excerpt:

A New York City subway train holds 1,200 people. This blog was viewed about 6,700 times in 2011. If it were a NYC subway train, it would take about 6 trips to carry that many people.

Click here to see the complete report.

Strategic Direction – Appropriate Structures
Initiative 11

Develop a number of different structural models for Local Government.

Why is this important?

We need to recognise that one size does not fit all and we need to develop a number of different models that can accommodate the different types of councils and their communities. We also need to ensure that relevant councils are involved in this process to ensure that they work, before the models are enshrined in legislation.

What is the current situation?

There is wide acceptance among the sector that a number of different models should be applied, primarily depending on geographic location or environment, and the Destination 2036 workshop achieved some headway in sketching out some of the alternative models.

What actions need to be undertaken?

There is a large variety of Local Government structural models in Australia and internationally. In the first instance, it is important for us to understand what these alternative models are, their key features and why they exist the way they do. We can then determine their applicability to the NSW contexts.

This Initiative will then require the “construction” of various structural models, based around the key features of function, governance and finance. It is therefore imperative that this Initiative is developed in close consultation with Initiatives 1, 5, 7, 8 and 13. The models developed at the workshop covered all areas of NSW, but in general tended to focus on urban, regional or rural areas. These models can serve as a starting point for further consideration.

Specific models suggested at Destination 2036 include, but are not limited to:
• a model with greater and more formalised regional service delivery and resource sharing
• a model for small to medium councils with shared administrations but independent elected bodies
• a two tier model, with roles and responsibilities separated between local and regional councils
• a model for larger councils with a corporate board structure and/or corporatized service delivery
The development of these alternative models will need to be done in close consultation and with the participation of relevant council types.

Linkage with other Initiatives
Initiative 1 (Resource Sharing)
Initiative 4 (Service Delivery)
Initiative 5 (Act Review)
Initiative 7 (Governance Structures)
Initiative 8 (Revenue System)
Initiative 13 (Functions)

Priority and timing

DLG has already commenced preliminary desktop research on alternative structural models, which should be finalised by February 2012. Once this work is complete it can serve as a basis for further work on the development of models, which will need to be ready for incorporation into the proposed Act review.

Who is responsible for this Initiative?

DLG is the coordinating agency but will require a team approach including the LGMA (NSW), LGSA, volunteer councils and key employee organisations.

Key Activities

11a Undertake research into alternative structural models of Local Government in Australia and other jurisdictions, identifying their key features and assessing their applicability to NSW

Coordinating Agency Timeframes Linked Act review?

DLG Feb 2012 Yes

11b Develop, with volunteer councils, a variety of models for the structure of councils in NSW

Coordinating Agency Timeframes Linked Act review?

DLG Oct 2012 and beyond Yes

Latest Update:

The Destination 2036 Implementation Steering Committee is pleased to advise that the draft Destination 2036 Action Plan has been released for consultation.

Comments on the draft plan must be submitted by Wednesday 15 February 2012, although stakeholders are encouraged to provide their comments sooner, if possible.

Written submissions can be sent to:
Project Manager – Destination 2036
Division of Local Government
Department of Premier and Cabinet
Locked Bag 3015
NOWRA NSW 2541

Alternatively, submissions can be emailed to Destination2036@dlg.nsw.gov.au.

To view or print the draft plan click here.

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/information/Destination%202036%20draft%20Action%20Plan%20-%20final%20%28low%20res%29.pdf

COUNCILS are planning to use smart phones to make themselves more accessible to ratepayers.
Hurstville and Sutherland Shire councils are developing iPhone applications (apps) that will enable residents to access council information via their mobile phones.

…

Hurstville mayor Steve McMahon said the innovative app would give residents and visitors a greater flexibility to stay in touch with the council 24 hours a day.

“People will be able to sit on a train and request a tree removal, check availability at local car parks before they start driving and even view the local bus timetable,” he said.

“It will also allow residents to report a problem in the community, including potholes, damaged footpaths or illegally dumped rubbish in the suburbs.

“This means residents can lodge a works report with council at any time of the day, which in turn will be logged into council’s system for further action as required.”

Cr McMahon said the app was scheduled to go live by mid next year and would be available for free download from the iTunes App Store.

Following its launch, the council will explore the option of developing a similar product for Android and other smart phones.

Full story
http://www.theleader.com.au/news/local/news/general/councils-smart-idea/2376946.aspx

There was recently (1st November 2011) a conference:

“The day began with the results of our survey on the state of the sector, a presentation from Rachel Newton of Urban Forum on localism and neighbourhood councils, followed by a lively AGM and Councillor Bill Randall who talked about tackling inequality, empowering communities and developing a sustainable city. In the afternoon community groups led on open space discussions and asked some important questions to a panel of public sector partners on equalities, volunteering, commissioning, collaboration and communication. An audio clip of the questions put to the panel and their responses will be available soon.”

http://www.cvsectorforum.org.uk/cvsf-conference

This guide from the UK may be worth buying and timely for local use here:

“The Urban Forum Guide To Community Resilience is an invaluable resource for any community.

With the era of austerity upon us and the public spending cuts bringing greater challenges, this handy guide, which has expert contributions from many organisations, is a timely, practical way to strengthen your community and make the best use of its assets.”

http://www.urbanforum.org.uk/handy-guides/urban-forum-guide-to-community-resilience