Minority Report - September 2001 Response to the Report of the Land and Environment Court Working Party Prepared by Cr Peter Woods OAM, President Local Government Association, and Representative of the Local Government and Shires Associations on the Land and Environment Court Working Party Select Download to print a copy of the Report in PDF version   To view a PDF document, you will need a copy of Adobe Acrobat on your computer. If you do not have a copy of Adobe Acrobat, you can download a copy for free from the Adobe site. TABLE OF CONTENTS Introduction Policy Positions General Comments PART 1 - KEY RECOMMENDATIONS NOT SUPPORTED BY THE ASSOCIATIONS 1. Judicial review not merits review 2. Sepp 1 3. Court's departure from council planning policies 4. Amended development applications 5. Role of commissioners 6. Integrated development 7. Part time Local Government Commissioners 8. Site Visits for major matters PART 2 - KEY RECOMMENDATIONS SUPPORTED BY THE ASSOCIATIONS 1. Use of panels in major matters 2. Streamlined process for minor matters 3. delegations to council staff 4. Pre-lodgement processes 5. Education and Training 6. Modification of development consents 7. Alternative Dispute Resolution 8. Section 82A of the EP&A Act 9. Stamping of plans PART 3 - RECOMMENDATIONS FROM ASSOCIATIONS SUBMISSION NOT ADDRESSED BY THE WORKING PARTY’S REPORT Conclusion APPENDIX: LGSA Submission to the Review of the Land and Environment Court (JULY 2000) Introduction Key issues raised by councils Matters of law only to appear before the Court Constitution of the Court Inconsistency between development applications and LEPs and DCPs Amending plans Complexities and costs associated with such an adversarial system Exploration of alternatives to a Court based appeals system Incidence of review of development applications and appropriateness of timeframe for assessment and Deemed Refusals Inappropriate comments by Judges and Commissioners during hearings SEPP 1 Cumulative impact SEPP 5 Compulsory site visits by Judges and Commissioners Poor understanding by the Court of the concepts of ESD and TCM Time frustrations Streamlining the process of development applications Practicality of Terms of Settlement Court Orders concerning illegal uses Stamping of approved development application plans Alternative dispute resolution Summary Of Recommendations

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