Consultation and objections
Councils regularly conduct consultation with their communities and with people that are concerned with matters being considered by the council. This includes some forms of consultation that councils are required to undertake, by law, as well as forms of consultation that councils undertake because they want to make good decisions that take account of community interests.
Statutory consultation
There are many decisions and activities of councils that by law can only be done after the council has conducted public consultation. Among other things, this includes decisions about the following matters:
- Setting councillor and mayoral allowances
- Adopting a council plan
- Making a local law
- Changing the council’s system of land valuations for council rates
- Adopting a budget
- Declaring a special rate or a special charge
- Selling, exchanging or leasing land
- Entering into a regional library agreement
- Deviating or discontinuing a road
The consultation required by law for these matters must include the following:
- The council must publish a public notice (in a local or daily newspaper, and on the council‘s internet website) that identifies the proposal and tells people that they have the right to make a written submission to the council.
- People who wish to make submissions must lodge them by the date specified in the public notice, which is a date not less than 28 days of the public notice.
- Anyone who has made a written submission and asked to be heard in support of this submission is entitled to speak to the council or a committee appointed for the purpose. The submitter may appear in person or be represented by someone else.
- The council must fix a time, date and place for this meeting and give reasonable notice of the meeting to each person requesting to be heard.
- The council or a council committee must, consider any submissions received before making a decision.
- After it has made a decision, the council must write to a person who has lodged a submission advising of the council decision and the reasons for it.
- (Note: where a submission is lodged on behalf of a number of people, the council notice of the meeting is required to be sent to the person specified on the submission and the notice of the council decision is only required to be sent to one of the people.)
If you are unclear about your right to make a submission or about the consultation process, you should contact your council to find out.
Planning Scheme Amendments
Specific consultation arrangements apply in relation to proposed amendments to the Planning Scheme under the Planning and Environment Act 1987.
These arrangements enable a person to make a submission:
- to the planning authority (the council) about an amendment to its planning scheme
- to a panel appointed to consider a planning scheme amendment
Councils are required to give public notice when proposing amendments to their planning schemes, including advice about how submissions can be made. See Planning and Building.
Other public consultation
Council consultation is not limited to matters and processes where there is a legal requirement to consult.
It is common for councils to undertake community consultation on sensitive decisions before commencing the specific consultation processes required by law. A good example of this is for a special charge to construct a road, when a council may convene public meetings and undertake surveys before developing a proposal for formal consultation.
Councils also undertake consultation on other matters where they consider it important to determine public sentiment and community concerns before making a decision or commencing a project.
Each council usually has its own processes for inviting, receiving and responding to public consultation. Many of these consultations include the opportunity for direct participation by individuals or community groups.
Councils may invite community input:
- by convening a workshop
- via their web site
- in their newsletters
- through a questionnaire
- by phone
- at face to face discussions
- presenting at meetings of local groups and clubs
- asking individuals or groups to address the council
- creating advisory committees
Of course, any person can make an unsolicited submission to their council on any matter of interest or concern. Most commonly people do this in the form of a letter, an email or even a phone call.
Objections
In addition to consultation processes, there are some circumstances where people have legal rights to object to council decisions or actions.
Objection rights are generally provided where an action has the capacity to involve significant cost or inconvenience to particular people. In these cases, councils are usually required to advise people of their rights. Contact your council for further details if you believe you have a right to object to a matter.
When a council proposes to levy a special rate or charge, and where the amount of money to be raised by the proposed rate or charge will be more than two thirds of the total cost of the works or project, the council must give the affected ratepayers a right to object. If objections are received from a majority of affected properties, the council cannot proceed with the proposal.
When the council proposes to grant a planning permit, affected people may have a right to object. The council is likely to write to affected property owners, advertise the proposal and have a copy of the application available for inspection at the council offices. People may make a written objection explaining how they would be affected by the granting of the permit and the council must consider all objections in making a decision. All objections must be on planning grounds. Anyone who has made a written objection and is unhappy with the council decision may then lodge an appeal with the
Victorian Civil and Administrative Tribunal (VCAT). After the council has undertaken property valuations, a person can object to their valuation if they believe it is inaccurate or unreasonable. Rates and Charges provides details of property valuations. Objections must be lodged within two months of receiving the original valuation and rates notice. Details of how to object are usually included on the rates notice.
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