Council Assessment Panel (CAP)

The CAP considers a wide range of development applications, ensuring that new development proposals are consistent with the Planning & Design Code. The role of the CAP is to make decisions to either approve or refuse certain types of development applications.

The CAP is a 'Relevant Authority' pursuant to the Planning, Development & Infrastructure Act 2016. Presently, the CAP hears submissions from representors and makes decisions on:

• any development application that has undergone Public Notification and received a representation against the proposal where the representor has indicated a desire to be heard; and
• any request for a review of the Assessment Manager's decision on a Development application.

Note that al other applications are delegated to the Marion Council Assessment Manager for assessment and decisions.

More Information relating to the role and function of the Council Assessment Panel is available at the SA Planning Portal: SA Planning Portal.

The CAP has a total of five members comprising one Elected Member of the Council, and four members that are independent of the Council. The Council selects the independent members through an Expression of Interest process that was open to members of the public.

The CAP members are:

• Michael Davis (Independent Presiding Member)
• Benjamin Russ (Independent Member)
• Yvonne Svensson (Independent Member)
• Jock Smylie (Independent Member)
• Councillor Luke Naismith (Council Member)
  
• Carol Muzyk (Deputy Independent Member)
• Matt Taylor (Deputy Council Member)

Note: Carol Muzyk is only able to act as a deputy member in the absence of an Independent Member, and Councillor Matt Taylor is only able to act as a deputy member in the absence of a Council Member (Councillor Luke Naismith).

In respect of any matter that is before the panel or likely to be considered by the panel, members of the Council Assessment Panel are not permitted to discuss, comment or express an opinion upon the merits of that matter with applicants, representors, members of the public or government agencies.

Members of the CAP are required to strictly adhere to the State Government's Code of Conduct. Any complaints regarding the conduct of a CAP member must be referred to the South Australian State Planning Commission.

Independent CAP Members must hold the required Planning Accreditation as outlined by the State Planning Commission. Further information on the required accreditation can be obtained via the PlanSA website.

The Council Assessment Panel (CAP) meetings are held in the Council Administration building at 245 Sturt Road, Sturt.

Meetings will be held on the first Wednesday of every month (except in January, a meeting will be held on the third Wednesday of the month).

Meetings will ordinarily commence at 6.30pm at the Council’s administration building, 245 Sturt Road, Sturt.

The CAP is presented with a report on every application to be considered for the meting, as set out within the Agenda. Each report assesses the proposal against the applicable provisions of the Planning & Design Code and includes documentation from the applicant (or their consultant) and copies of representations lodged in respect to the application being considered. Those reports are available to view below under "Agendas and Minutes" on the Friday prior to the meeting.

Meetings have two parts:

1. Hearing: Representors can speak for 5 minutes, followed by the applicant's 5-minute response. Panel Members may ask questions after each presentation to clarify points.
2. Discussion: The Panel discusses the application details, considers the assessment issues and makes a decision on the proposal which can be to either approve the proposal, refuse the proposal or, if necessary, defer a decision on the proposal pending further information or amendments to the application.

Unless a confidential mater forms part of an agenda item, the hearing and discussion parts of the meetings are open to the public, so applicants and those interested are free to sit in the gallery and observe the discussion and decision on any specific application. However, please note that during the Discussion stage, those in the gallery are not allowed to engage with or ask questions of Panel members.

Please note that rude or threatening behaviour is not tolerated and won't help your cause. The Presiding Member will ask any individuals disrupting proceedings to leave the meeting.

Council understands that speaking in front of a Panel can be intimidating. While CAP meetings have some formal processes, Panel Members are informal in their questions and discussions.

Tips for speaking:

• Don't read your written submission: The Panel has already reviewed it. Focus on key points instead.
• Read the planning officer’s report: Understand what's being presented. Check if it accurately represents your concerns, if there are any factual errors, or if you disagree with any points or recommended conditions. Use these insights to shape your presentation.
• Be aware of changes: If there have been changes to the application after the consultation period, know what they are and how they affect your position. Explain to the Panel if these changes alter your stance or not.
• Consider alternative solutions: If you're open to alternative solutions to address your concerns, mention them. The Panel may consider these in their assessment or ask the applicant about them.

Remember, you only have 5 minutes, so make the most of it to get your key points across. Council and Panel members will conduct themselves with respect and empathy, and they expect the same from you. Rude or threatening behaviour is not tolerated and won't help your cause.

Pursuant to Section 202(1)(b)(i)(A) of the Planning, Development and Infrastructure Act 2016 an applicant can apply to the Marion Council Assessment Panel to review a ‘prescribed matter’ in relation to a development application where the Council Assessment Manager is the Relevant Authority in making a decision. This includes a review of a ‘prescribed matter’ undertaken by a sub-delegate of the Assessment Manager.

It is important to note this applies only for applications lodged under the Planning, Development and Infrastructure Act (i.e. from 19 March 2021).

What is a ‘Prescribed Matter’?

A “Prescribed Matter” is outlined as;

• Any assessment, request, decision, direction or act of the Assessment Manager under the Act that is relevant to any aspect of the determination of the development application; or
• A decision to refuse to grant development authorisation to the application; or
• The imposition of conditions in relation to a grant of development authorisation; or
• Subject to any exclusion prescribed by the Planning, Development and Infrastructure (General) Regulations 2017, any other assessment, request, decision, direction or act of the Assessment Manager under the Act in relation to the grant of development authorisation.

Review Process

Section 203 (Part 16, Division 1) of the Act outlines the statutory requirements for the review by the Council Assessment Panel of a decision of an Assessment Manager.

• A review of the Assessment Manager’s decision is undertaken in accordance with the Marion Council Assessment Panel Review Of Decision Of Assessment Manager Procedure.
• An application for review must be made within 1 month of receiving notice of the decision constituting a prescribed matter.
• An application must be made in a prescribed manner (refer to Application to Assessment Panel for Assessment Manager’s Decision Review Form)
• A fee of $591.00 must be paid to the Panel (via Council) when lodging the request.

The Panel may on a review affirm the decision, vary the decision or set aside the decision and substitute its own decision.

Lodging Written Materials and Documents

All documents and written communications with the Panel must be lodged via (select one option):

• The SA Planning Portal (to the extent the Portal is able to receive such a submission);
• Emailed to: planning@marion.sa.gov.au
• Hand-delivery or post to

Attention: Marion Council Assessment Panel
PO Box 21
Park Holme SA 5043