While Kiama Council has succeeded in reducing its average nett DA processing time down to 70 days, from 87 in 2019/20, it is still way above the 40 days required by the State and achieved by other councils.

“We did a short sharp burst to get DAs out so that we could get the grant [$3 million from the State Government for the redevelopment of Hindmarsh Park] but that’s not sustainable,” says the Director Environmental Services, Jessica Rippon.

“We did that by focusing on our more simpler DAs, to turn them around in a much shorter timeframe.

“You need to make the changes in processes and systems and resource allocation to have sustainable improvements and change that is ongoing to support the customers.”

She says the Planning Reform Program Council is undertaking is broader than just processing DAs, although that is a significant element.

“It is a holistic program looking at the entirety of what Planning does.”

This includes strategic planning, various building certificates, inspections, compliance work and more.

However, the most significant interaction the community has with Planning staff involves DAs.

Extensive work has already been done behind the scenes to improve processes and clear the backlog of old applications, but more change is necessary to meet expectations.

“When I started at Council I continued the push to get a lot of the aged DAs out of the system, and then moved to the target of getting the simpler DAs out of the system quickly.

“We are now moving back to focus on getting a number of DAs in the 100 day range out of the system, while doing the shorter ones as well.”

Currently there are 104 DAs in the system. 63 of them are over 50 days, with 37 of those having been there for over 100 days.

Council is now focusing on improving the customer experience to reduce the DA timeframes, as well as introducing a new rigor into decision making.

As part of this, it will introduce its first DA Assessment Policy, so that applicants and staff have clear guidance on the process.

“We are really focusing on the front end of the DA process,” says Ms Rippon.

“What I would like to see over the next couple of months is for people to start reporting an improvement in their experience with Council

“I am aiming for people to feel that they are being responded to, they are having more improved customer service and they are having a better front end experience with Council.

“Over the next months, Council will be seeking feedback and having conversations with all of our stakeholders about the process and systems improvement in this planning reform.

“I’m sure there are going to be lots of people who are unhappy – I’ve already spoken to some – but I hope as we keep asking that question we will start to see a change in the feedback we receive.”

The Golden Valley DA, currently with Council

Judging by the number of people who have complained to The Bugle over the years, but declined to go on the record for the sake of future interactions, there will be plenty to hear.

While noting that positive feedback is also received, the report to Council on the Planning Reform Program says that key concerns outlined in complaints include timeliness of decision making; communication and responsiveness; additional information requests; changing advice or moving of the goal posts; inconsistent fee application; tone and timing of communication; compliance actions and investigation processes; complaints management; understanding expectations; and complexity of information and guidance provided by staff.

The experience of Brooke Barrett of Kiama Downs in trying to get a DA approved for a large extension to the back her house echoes many of these frustrations.

She has only just heard back from Council after waiting since July to receive news of the changes they want to the design.

“This whole process with Kiama Council has been very distressing and it’s causing me a lot of stress and anxiety.

“To not even hear from them or get a response to the emails we sent is highly unprofessional.

“I have built two houses in both Shell Cove and Noosa in the last couple of years and they were a breeze to get through council.”

Ms Rippon will also be talking to stakeholders about the changes that they are looking at implementing to speed up decision making.

“It is going to be a new way we are going to do business. We will explain what we are proposing to do and how we are doing it, and what we are expecting, and the question will be does that work for you?”

She explains that cultural change will be necessary on both sides.

“Our community is very sensitive around their expectations of development,” she says.

“Things like decks or sheds that you think are simple can be very complex here.

“There’s been a lot of emphasis on us working for as long as it takes to get a yes, or a positive outcome for the applicant which is also positive for the community.

“Those kind of decisions and negotiations have taken a long time in the past.”

To reduce the timeframes down on a sustainable basis, she says this needs to change so decisions get made more quickly.

“We need to have some very robust discussions about what is acceptable in terms of complaints and submissions and expectations from a community perspective, because if we are expected as an organisation to speed up timeframes then we’re going to have to be more clear on our decisions early on.”

What is proposed is that rather than working through applications seeking multiple amendments or more positive outcomes, the approach will be to make decisions early and clearly.

This approach follows the Department of Planning’s Development Assessment Best Practice Guide.

This short video explains the process of lodging an application using the NSW Planning Portal.

The report to the September Meeting said, “It is noted that making decisions early in the process such as seeking applicants to withdraw applications or determining by way of refusal will speed up the application process. It may however increase court proceedings and review requests. To ensure this new approach is clearly communicated to industry and applicants, it is proposed to create a Development Assessment Policy which outlines our expectations and methods. Staff will need the support of the Council to ensure that our decisions are respected and that decisions made will be timely and in accordance with all required legislation and policy but may not be popular.”

The Reform will also see the formalisation of a Major Projects Cluster, bringing together the Director Environmental Services, Manager Strategic Planning, Manager Strategic Assessment, and Engineering and Economic Development staff, to support key development sites.  

There will also be a focus on speeding up the processes to enable commercial activity, which will be welcomed by the business community.

Paul Paterno’s experience in getting his DA through for Little Betty’s bar in Collins St so frustrated him that he is standing for Council on the Your Community Candidates ticket.

Paul and his sister Christina finally opened Little Betty's, in Collins St, in May.

His application for a commercial change of use, from retail to food and drink, took five months.

“The experience we shared was far from good, although eventually approved. The whole process is flawed,” he says.

“How can ‘mum and dad’ investors be expected to engage in a commercial leasing agreement whilst still waiting for approval or even initial consultation with council?

“The costs that start incurring throughout the DA process due to a discretionary process by the officers in charge are completely unnecessary and need reviewing.

“It genuinely surprises me that more businesses don’t go under even before they are operational.

“Council should be doing what they can to make the process more time and cost efficient which would in turn welcome more small business operators to the LGA which according to me is the backbone of our community.”

Written with help from Jack Wallner