Red tape or red flag: How Cairns councillors voted on controversial developer policy

A Cairns Regional Council policy outlining how councillors can ethically engage with developers has been slammed by mayor Amy Eden, arguing the document would create “institutionalised mistrust” of elected representatives.

A policy on councillors’ contact with developers, submitters and lobbyists has divided elected representatives at Cairns Regional Council. Picture: Brendan Radke

A Cairns Regional Council policy outlining how councillors can ethically engage with developers has been slammed by mayor Amy Eden, arguing the document would create “institutionalised mistrust” of elected representatives.

Ms Eden cast the deciding vote to reject the policy this week, which was recommended by council officers to support “fair and equitable access to councillors” and transparent governance.

Cairns Mayor Amy Eden has rejected the council’s proposed policy. Picture: Brendan Radke

But the mayor argued the Councillor Contact with Developers, Lobbyists and Submitters General Policy would impose more red tape on councillors when assessing development applications.

“It adds layers … that are unnecessary, duplicative, impractical and in some cases counterproductive to the core role of an elected councillor,” Ms Eden said.

“It implies that a councillor cannot be trusted to hear their community out unless it’s pre-approved, diarised and overseen.

“That is not integrity. That is institutionalised mistrust.”

The eight-page policy, which would have required meetings with developers about a project to be organised through the council’s planning department or CEO, was a sensible measure, according to southside councillor Brett Moller.

“I can’t say that we have basked ourselves in glory in terms of governance and processes,” the Division 1 councillor said.

“The policy will help to develop and maintain a culture committed to ethical behaviour and compliance with the law, ensuring we operate with honesty and integrity.

“Upholding the law and ensuring our organisation operates within a legal framework is paramount. We should have zero risk appetite for any non-compliance.”

Division 7 councillor Anna Middleton has argued that the council needs clearer, stronger guidelines that elected officials must comply with during development applications. Picture: Brendan Radke

While councillors are already subject to multiple policies when engaging with developers, Division 7 councillor Anna Middleton said there was still some confusion within the council around the issue.

“There is some fluid interpretation of the current framework,” Ms Middleton said.

“As a new councillor, I’ve had different interpretations brought to me in regards to where those lines are and I find it quite grey. I would appreciate a clear policy.”

Division 5 councillor Rob Pyne backed the policy, along with four other councillors. Picture: Brendan Radke

CBD councillor Rob Pyne sided with Ms Middleton.

“Developers don’t ring because they like you, or want to talk about the football,” the Division 5 councillor said.

“They ring because they want something. Once you start taking those calls, are all developers treated equally?

“It’s really important that everyone who lodges a DA is treated the same, regardless of whether they’re friends with the local councillor or have a positive relationship with them.”

With four councillors voting against the policy, Ms Eden was left to cast the deciding vote.

“This policy, while well-intended by some, will not enhance public confidence,” she said.

“It will widen the divide between council and community and dampen the voices of those elected to serve.”

WHAT COUNCILLORS SAID

Northern beaches councillor Brett Olds sided with mayor Amy Eden. Picture: Brendan Radke

Deputy mayor Brett Olds:

“The legislative framework already exists and councillors abide by it. We’ve got a lot of framework around this already and adding an extra layer is adding more red tape and will slow our processes down. As elected representatives, we’re the voice of the community. We already have a clear set of guidelines to work within, 95 per cent of this document we’re already doing. We don’t need another piece of legislation.”

Division 3 councillor Cathy Zeiger:

“I think it’s really important to be able to talk to developers and residents about their issues because that’s why I’m here. We have legislative guidelines and I follow them when I’m dealing with developers and if I’ve got to go see a developer, I’ll always contact the executive officer or the CEO.”

Division 8 councillor Rhonda Coghlan voted in favour of adopting the policy. Picture: Brendan Radke

Division 8 councillor Rhonda Coghlan:

“In our last term there were many times that I was approached, along with poor behaviour, from both submitters and applicants. My background is banking and very governance driven. When we lean into the operational space, it’s fraught with danger.”

Division 6 councillor Kristy Vallely:

“This framework brings clarity and direction around what is appropriate.”

Originally published as Red tape or red flag: How Cairns councillors voted on controversial developer policy