State govt forced to interfere as Flinders Island Council can’t challenge unwanted development

The state government says it is reviewing ‘red tape’ faced by local councils, after a small council waved through an unacceptable development because it could not afford to challenge it legally.

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THE state government says its reviewing the red tape faced by councils when it comes to resource sharing, after a small council waved through a big development because it could not afford a legal challenge.

Estimated legal fees of $100,000 and perceived low chance of success at appeal caused Flinders Island Council to backflip on a decision to refuse a multimillion-dollar development featuring a residence and two large wind turbines.

The project, planned for Potboil Rd, White Beach, was knocked back by the council 12 months ago because it was more than double the eight-metre height considered acceptable under the council’s planning scheme.

It had been recommended for approval by planning officers.

The site of a proposed development at 4 Potboil Rd at White Beach, near Lady Barron on Flinders Island. Picture: Google

The proponent flagged a challenge to Flinders Council’s decision at the Resource Management and Planning Appeal Tribunal, with a hearing scheduled for this month.

In incident has raised concerns about the ability of smaller councils to properly assess large developments.

A spokeswoman for the state government said it was reviewing the red tape faced by small councils.

“It is the responsibility of each council, when acting as the responsible planning authority, to consider the formal advice from their planning experts when considering development applications,” the spokeswoman said.

“We want to ensure local Councils are well placed to address their long term sustainability challenges whilst meeting modern service delivery expectations.

“The Government’s Review of the Local Government Legislative Framework is focused on reducing red tape and removing barriers to council collaboration and innovation to ensure they can be sustainable into the future.”

Sunset from Mt Killiecrackie on Flinders Island. Picture: Denise Hennessy

Under the local government reforms flagged by the state government in April, legal and administrative barriers to collaboration across councils will be removed, giving greater flexibility for councils to collaborate.

The changes will include clarification about the extent that delegations can be given and exercised and will enable two or more councils to be serviced by one administrative organisation.

The reforms also allow voluntary council amalgamations.

A proposal to introduce regional councils was scrapped.

Consultation on a draft Local Government Bill is due to occur in early 2021, with the Bill expected to be introduced to parliament in the third quarter of 2021.