Making a written submission to Council
Members of the community are welcome to make submissions on matters relevant to the activities and projects of Council to assist the Council in reaching decisions.
Submissions made under Section 223 of the Local Government Act 1989
One opportunity for the public to have input to Council, is via the submission process prescribed by section 223 of the Local Government Act 1989 for items requiring a Council resolution. These include making a Local Law, budget processes, special charges or the renaming of a street. See Addendum A for more items.
The process is:
- Council will make a resolution to place the issue out for public consultation.
- A public notice of the proposal will be posted in the Warrnambool Standard and on Council’s website.
- Submissions can be made up to a specified date. This will be not less than 28 days from the publication of the advertisement.
- Council will then consider the submissions and make a decision on the proposal in an open meeting.
Any person lodging a submission may request to be heard in support of the submission, or be represented by a person specified in the submission. This must be requested in the written submission.
Submissions received will be included within the official Council Agenda and Minutes, including personal information about the submitter's identity and location. Agendas and Minutes are made available to the public. If you do not wish to be identified in Agendas and Minutes, please indicate this in your submission.
Council will respond to everyone who has made a submission at the end of the formal consultation period. If the submission is signed by multiple people, the response will be addressed to the main, or first person listed. If the submission is in the form of a petition, the response will go to the first person listed or the submitter of the petition.
Council is also required to maintain and make available for public inspection a register of submissions received during the previous 12 months in accordance with section 223 of the Act.
Submissions in relation to planning permit applications
Submissions can be made in relation to planning permit applications, they can support or oppose the application. Objections can be lodged with Council any time up to when it makes a decision on that planning application.
An objection must be made in writing, include the reasons for the objection and state how the objector would be affected. There is no requirement to use any particular form however a standard objection form is available from council offices and on its website.
The information you provide to Council will only be used for the purpose for which it is submitted in accordance with the Planning and Environment Act 1987. The information, including personal information, may be disclosed to other parties or members of the public as part of the planning process.
As the responsible authority, Council must make a copy of every objection available at its office for any person to inspect during office hours free of charge until a decision is made on the application.
It is Council policy that copies of all objections are forwarded to the applicants.
Council will respond to each objector advising of its decision.
Proposals, Plans and Documents for Section 223 Processes
Section 223 shall be applied to any of the following documents:
- Review of Mayoral and Councillor allowances – section 74(1), (1A) & (1B);
- Making of a local law – section 119(2) (c);
- Proposed Council Plan – section 125(1);
- Proposed adjustment to Council Plan relating to certain matters – section 125(8);
- Proposal contained in budget – section 127(1);
- Proposal contained in revised budget – section 128(1);
- Decision to change system of valuation – section 157(2);
- Proposal to make declaration of a special rate or charge – section 163A;
- Proposal to vary special rate or charge in certain circumstances – section166(3);
- Granting of rebate or concession on rate or charge – section 169(1B);
- Proposed sale or exchange of land – section 189(1);
- Proposed lease of land – section 190(3);
- Proposed use of land for another purpose – section 192(1);
- Proposal by Council to enter into regional library agreement – section 196(1);
- Proposal by regional library to amend regional library agreement – section 196(8);
- Proposal to undertake work to concentrate/divert drainage – section 199(1);
- Proposed notice to owner/occupier to carry out drainage works – section 200(1);
- Declaration of road as a public highway – section 204(1);
- Declaration of road to be open to public traffic – section 204(2);
- Fixing and altering the level of road – Schedule 10, CI 1(b);
- Deviation of road through certain land – Schedule 10, CI 2;
- Discontinuance of road and sale, transfer or retention – Schedule 10, CI 3;
- Fixing alignment of road – Schedule 10, CI 7;
- Narrowing or widening of road – Schedule 10, CI 8(1)(a);
- Placing obstruction/barriers on road temporarily for genuine traffic diversion
- experiments – Schedule 11, CI 10(1)(c);
- Declaration of road to be a shopping mall – Schedule 11, CI 11; and
- Restriction of road to vehicles of certain size/weight – Schedule 11, CI 12.
NOTE: This list is not exhaustive