Council’s Community Consultation Policy Discussion

1. Should a collective letter from the members of the Copper Coast Council Residents and Ratepayers Association be submitted, or should a letter be drawn up and be made available to Association members to submit themselves? The risks with a collective letter: that it be held as a single submission. The risks with a provided template for members to use: not many people submit, is dismissed for not being unique.

2. Suggestions as to what should be amended or added to the Copper Coast Council’s Community Consultation Policy:

2.1 Announcement of open Community Consultation:

• That Council be required to immediately post information to their website and all social media pages, not just the Country Times ▪ That Council build and maintain Community Boards in all towns in their jurisdiction, where Community Consultation notices must be posted and remain until the end of the period of open submissions ▪ That Council leave information booklets in all libraries under their jurisdiction which must be available until the end of the period of open submissions ▪ That, similar to the , a secondary website be created specifically for Community Consultation updates, information and submissions • That Council be required to personally notify all Community Groups (such as the Lion’s Club, Moonta Progress Association), similar to the rules set out by the City of Council (refer pg4) regarding extra time • That “The Council will identify potential stakeholders in each specific circumstance” be replaced with: “the Council undertake consultation at a detailed level by sending letters and/or emails to all: owners/occupiers of land where project is to occur within 150 metres of the site; persons who have previously made submission(s) in relation to the proposed project, and persons who have requested further consultation”

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2.2 Submissions:

• That the period of open submissions should be longer than the current 21 days (perhaps 28 business days)

2.3 Planning & Projects:

• Create a rule that the plan/s put forward for a project in a Community Consultation should have to be followed exactly, requiring another Consultation for any changes • Create a rule that expects any maps, plans or architecture feature a key with detailed information, that may not be altered in any way until another Consultation for Community input has been held • That “The Council will listen and respond to community views in a balanced way, taking account of all submissions made by various stakeholders” be replaced with: “If proposed action is supported or unsupported by a majority view (90%) of the respondents, that Council act in accordance with that view (on the premise that any Consultation should not include any proposal that is not achievable by the Council at that present time)” • Create a rule whereby any plans or projects put forward by Council should have been thoroughly fleshed out (through the use of inhouse designers and planners already employed by the Council as staff), with the Consultation process allowing for a negation of the proposal or amendments be made; though it is not the job of the Community to design Council’s projects for them, members of the Community may still submit in-depth proposals for Council review, then broader Consultation

2.4 Community Consultation Policy Documentation:

• That the following be changed - "The Council will define the parameters of the consultation process for each specific topic, and identify what aspects of the decision can be influenced by community involvement" - to require every aspect of a project be made available to and influenced by the Community • That an introduction similar to that of the Council (refer link pg4) be added, in order to clarify the Policy’s purpose/s ▪ With the addition of “ensure Council complies, and where possible exceeds, the requirements of the Local Government Act 1999” • That the Principles outlined by the Council (refer pg5) be adopted in close form by the Copper Coast Council’s own Community Consultation Policy • That the legislation required by the Local Government Act 1999 be framed within the Policy, as per the Community Consultation Policy from Charles Sturt Council (refer pg5), being amended to the heading “Applicable Legislation”

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• That Council be required to list on their website (in the header or footer) ALL applicable Social Media used, and links to those accounts • That the Council adopt a similar structure of transparency and integrity as set out in the Community Consultation Policy of Adelaide City Council (refer pg4), to replace “Council decision making should be open, transparent and accountable” • That “The Council will review and evaluate its Policy to ensure ongoing improvement in the way it involves the community in its decision-making processes” be amended to include the Community Consultation Policy of the Copper Coast be reviewed (at least) every three years • “The Council’s desire to balance community views and interests with other influences such as budgetary constraints” should be removed from the Copper Coast Community Consultation Policy (see: on the premise that any Consultation should not include any proposal that is not achievable by the Council at that present time) • That the statement “Land included in the Park Lands is community land and cannot be excluded from the classification of community land” be included in the Community Consultation Policy in the interest of transparency • That a policy similar to that of the Adelaide City Council (refer pg4) be included in the Copper Coast Council’s Community Consultation Policy in the interest of the planting of vegetation on roadways • That the Council’s Community Consultation Policy include reference to the requirements of differing rates going to Community Consultation (refer pg4)

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City of Adelaide Council https://www.cityofadelaide.com.au/assets/public_communication_and_consultation_policy.pdf

3. COUNCIL'S COMMITMENT ➢ Council recognises that to provide an effective response, volunteer interest groups require longer timeframes than the legislated minimum. To facilitate effective consultation with these groups Council will endeavour to provide longer response periods when planning consultation programs.

➢ Closing time for submissions shall always be at 5:00pm on the date set. To ensure confidence in the transparency and integrity of Council’s consultation processes to occur: 1. All submissions must include the name and residential address of the respondent 2. A copy of all submissions will be made available to Councillors in hard or soft copy and/or 3. All submissions will be included in any report to Council which is also available to the public 4. Reports to Council will also include a summary of key themes raised in submissions

➢ Planting of Vegetation on a Road In consulting on the planting of vegetation on a road, Council will undertake consultation on three levels. 1. Council's forward planting program will be publicly notified. Interested persons will then have 21 days within which to make a submission and to request further consultation. At a more detailed level, local landowners and occupiers will be consulted with respect to specific proposed planting activity. 2. When the planting proposal is in addition to the forward planting program. Note: “road” is defined in the Local Government Act 1999 as a public or private street, road or thoroughfare to which public access is available on a continuous or substantially continuous basis to vehicles or pedestrians or both and includes a bridge, viaduct, subway, alley, laneway or walkway.

➢ Proposed Differential Rating Section 156 of the Local Government Act 1999 requires that Council follows the relevant steps in this Policy before Council changes from declaring differential rates in relation to any land on the basis of a differentiating factor. Council will prepare a report on the proposed change. The report will address the following:

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• The reasons for the proposed change; • The relationship of the proposed change to the Council's overall rates structure and policies; • In so far as may be reasonably practicable, the likely impact of the proposed change on rate payers (using such assumptions, rate modelling and levels of detail as the Council thinks fit); • Issues concerning equity within the community.

City of Marion Council https://cdn.marion.sa.gov.au/sp/Documents-Policies/Community-Consultation-and-Engagement-Policy.pdf 4. PRINCIPLES 4.1 Elected Members are acknowledged as the representatives of community and empowered to make decisions. The role of staff is to present to the Elected Members all facts (which may include community perspectives) relevant to Council decisions, and subsequently to implement the decisions of Council. 4.2 We communicate openly and honestly about the degree of influence communities are able to exercise in any engagement activity or key decision. 4.3 We value the diversity of our communities and will utilise inclusive, representative and accessible approaches. 4.4 We commit to evaluation and continuous improvement in our community engagement. 4.5 The City of Marion will commit to appropriate levels of community engagement before making significant decisions taking into account the number of people affected and the likely degree of Community Engagement Policy impact of the decision. 4.6 The City of Marion shall consider the following methods of including the community: o Inform – communicating balanced and objective information to help the community understand the decision. o Consult - providing information, ideally presenting a number of options, to allow the community to express their preferences regarding the decision. o Involve - working directly with the community throughout a project to ensure that concerns and aspirations are consistently understood and considered as the project evolves through to completion. o Collaborate - working in partnership with the community, with a shared sense of responsibility for the work and the outcome. o Empower – Places the decision-making about specific projects in the hands of the community. The community takes responsibility and is accountable for the outcomes of decisions made.

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Charles Sturt Council https://www.charlessturt.sa.gov.au/webdata/resources/files/Public_Consultation_Policy.pdf 3.4 Local Government Act 1999 Requirements The followings sections of Local Government Act 1999 prescribe a public consultation requirement or make reference to Council’s Public Consultation Policy:

• Access to documents (S.132(3)) • Access to meetings and documents - Code of Practice (S.92(5)(b)) • Alienation of community land by lease or licence (S.202(2)) • Amendment or revocation of management plan (S. 198 (2)(3)) • Annual business plans and budgets (S.123(3)) • Basis of differential rates (S.156(14a))4 • Basis of rating (S.151(5)) • Composition and wards (S.12(7)) • Councils to develop policies (S.259(2)) • Passing by-laws (S.249(2)) • Preparation of stormwater management plans by councils (Schedule 1 (S. 13 (2b)) • Principal office (S.45(3)) • Prudential requirements for certain activities (S.48) • Public consultation (S.223(1)) • Public consultation policies (S.50) • Public consultation on proposed management plan (S.197(1)) • Revocation of classification of land as community land (S.194(2)) • Status of a council or change of various names (S.13(2)) • Strategic management plans (S.122(6)) • Trees (S.232(b)) In these instances Council must comply with the act and/or follow the steps outlined in the Public Consultation Implementation Procedure. Where there are legislative requirements for consultations under other legislation, for example the Development Act, then these take precedence over the Public Consultation Policy should there be any inconsistency.

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