Investigation Report

Published on 22 June 2018

In December 2017 concerns were raised by members of the public and Councillors regarding the Town's application of the reduced setbacks in the Town’s Streetscape Policy which were inconsistent to the Town of Cambridge Planning Scheme.  

Following receipt of advice in January 2018, the Council passed a motion to engage independent lawyers, Hall and Wilcox Lawyers on 7 February 2018 to investigate issues of potential legal non-compliance at the Town, specifically related to the application of a minimum setback in the Town's Streetscape Policy without regard to the criteria imposed by the Town Planning Scheme.  Hall and Wilcox Lawyers was instructed to obtain advice from a barrister on planning law issues. 

On 9 April 2018 the investigation was widened to consider the validity of other Delegations of Authority under various other statutes, required by the Town's Administration.

On 6 June 2018 the final Investigation Report by Hall & Wilcox Lawyers was received.  This was considered at a Special meeting of Council held on 14 June 2018.  At this meeting, the Council resolved that it will not release the Investigation Report until all employee matters arising from the investigation are resolved.  The Town is disappointed that a copy of the Investigation Report, which is confidential and legally privileged, has been provided without authorisation to the media before the Council had the opportunity to consider the report and before the Town has been able to put the report to relevant parties for response.

The Acting Chief Executive Officer has been requested to prepare a report detailing how the recommendations in the investigations will be implemented.

It should be noted that the Town has already amended its use of the Streetscape Policy to be in accordance with the Town Planning Scheme provisions relating to setbacks in City Beach and Floreat.

Further, the Delegations of Authority Register has also been reviewed and amended to ensure compliance with relevant legislation.  This was approved by Council at its meeting held on 24 April 2018. 

The Town will be implementing further process recommendations to strengthen governance within the Town.

Enquiries to Mayor Keri Shannon on 0438 375 377.