Accreditation Model and Applicationkit

Plan Sealing

Accreditation Model and ApplicationKit

1.0 Introduction

The mb+Assessment initiative hasbeendevelopedto streamline the plan sealing process by providing improved

certainty of timeframes
clarity of requirements
processing efficiencies
utilisation of resources

mb+ Assessment allows suitably qualifiedprofessionals to prepare and endorse Plan Sealing applications as nominated in thisAccreditation Kit. mb+Assessment by professionalconsultantsrelies on two specific processes to be in place toensureits efficiency. These processes are asfollows:

•The development of clear standards for allnominatedworks based on the planning scheme and itsassociated codes, and adopted Council policies;and

•Creation of a system wherein Council could reasonably rely on a suitably qualified consultant’s certified application and endorse the Plan of Survey (also commonly called Plan Sealing)in significantly reduced timeframes.

The aim of mb+Assessment is to reduce timeframes and impacts on industry and Council, and to increaseaccountability through the utilisation of professional consultants.

2.0 Description ofAccreditation

The accreditation process, coupled with the clearstandards and criteria, seeks to implement a moreefficient mechanism for endorsing aPlan of Survey.

The accreditation of professional consultants andconsultancies is a voluntary process of beingcertifiedas meeting minimum requirements designatedbyan accrediting system. It provides a mechanism for Council to be able to reasonably rely on a consultant’sprofessionalqualifications.Itsaimistoensuretheintegrityoftheprocessandqualifyonlyconsultantswho,by reason of their expertise, experienceand established integrity can be relied upon to properly use themb+Assessment processandtoproviderelevantdocumentationtoCouncil.

Applicants lodging in this way are agreeing to followandabide by a procedure laid down by Council. Randomauditing will be undertaken to assess and monitor thecompetence of accredited professionals.

To utilise such a process requires experience withlodging competent applications, knowledge of the Sustainable Planning Act 2009 (SPA), Land Title Act 1994 (LTA) and Body Corporate & Community Management Act (BCCM), familiarity with the Council’s planning scheme and policies, and an established reputation with Council that the user demonstrates high level of reliability.

To undertakemb+Assessment,accreditation for both the individual and the firm/consultancy arerequired. It is critical that the individual hasdemonstratedthe required level of expertise and experience. Equally the consultancy must demonstrate they holdthe required insurance policy, as it is the firm that willultimatelytakeresponsibilityforrectifyinganybreachesor failures to infrastructure. Where an accreditedconsultant moves from one firm to another, theindividualconsultant is not required to reapply for accreditationprovided they are moving from one accreditedconsultancy to another.

3.0 Accreditation Categories

An accredited Consultant and Consultancy is eligible to submit applications for Plan Sealing for the following:

•Building Format Plans - Subdivision ofExisting Buildings

•Building Format Plans - Subdivision ofNew Buildings

•Standard Format Plans - Realignment ofBoundaries

•Standard Format Plans - Subdivision of Land

4.0 The AccreditationKit

ThisAccreditation Kit contains all the relevant material to assist consultants and consultancies in obtaining accreditation and outlines Council’s expectations.The Accreditation Kit adopted for themb+ Assessment process is at AppendixA and containsthefollowing documents:

•Accreditation Application Form for ConsultantsandConsultancy;

•Guidelines for AccreditedConsultant/Consultancy;

•Accreditation Deed for Consultant; and

•Accreditation Deed for Consultancy.

Accreditation Application Form

The ability to qualify as an ‘Accredited Consultancy’ is available provided the relevant specified criteria is met. The qualifications/experience includes criteria within the following categories:

1.Professional and Public Indemnity Insurance. Each ‘Accredited Consultancy’ must have Professional and Public Indemnity Insurance to cover the provision of this service. Insurance demonstrates that the organisation and its employed/contracted consultants have met professional requirements to obtain insurance and have a business enterprise that is sufficiently robust to require financial protection.Additionally, Council may under certain circumstances, obtain access to this insurance if the individual(or organisation) were to engage in fraudulent or misleading activities.

2.Demonstrated knowledge by the consultant of the relevant planning scheme, plan sealing processes and provisions held therein, as well as the relevant planning legislation and other legislation. This may be achieved through providing evidence of lodging a significant number of relevant applications to the Council, in a recent timeframe that demonstrates a detailed understanding of the relevant requirements and processes for plan sealing and bonding in Council. This includes, but is not limited to:

•Demonstrated ability to prepare PlanSealingapplications to Councilstandard;

•DemonstratedabilitytoprepareComplianceReports to certify that development conditionshavebeen compliedwith;

•DemonstratedknowledgeofCouncil’sBonding Policy on uncompletedworks; and

•Demonstratedknowledgeofpreparationoflegaldocumentation (eg easement, covenant, surrender of easement, Form18, Form 14 and transfer documents).

Guidelines for AccreditedConsultant/Consultancy

In order to ensure compliance with the requirements of the accreditation process, guidelines have been developed that clearly articulate the roles and responsibilities of the ‘Accredited Consultant/ Consultancy’ and any other interested party. It is recognised that both parties (Council and the ‘Accredited Consultant/Consultancy’) must possess a detailed understanding of the process to guarantee its success.

The ‘Guidelinesfor Accredited Consultant/Consultancy’ clearly outlines a step-by-step process which:

•Identifies the requirements for the lodgement of an application under mb+Assessment process;

•Identifies the timeframe or indicative timeframe by which Council will issue an approval having relied on the accreditation;

•Identifies a probationary period where required; and

•Identifies an auditing process.

Accreditation Deed for Consultantand Accreditation Deed for Consultancy

The ‘Accredited Consultant/Consultancy’ must agree to the terms and conditions of the process before Council can reasonably rely on their expert advice. This is achieved by documenting the roles and responsibilities of both the ‘Accredited Consultant/Consultancy’ and the Council, and requiring a signature of acceptance of these terms. The documents that formalise this arrangement for consultants and consultancies are titled the ‘Accreditation Deed for Consultant’ and ‘Accreditation Deed for Consultancy’ (the deeds)andare attached to this AccreditationKit.

Therolesandresponsibilitiesofeachpartyparticipatingin this accreditation process are clearly articulatedwithinthese two deeds. This insures that all have a clearunderstanding of their role in the process and have norecourse for not following the rules set down throughthisprocess.Anynon-compliancewiththecriteriaandinformationprovidedbytheCouncilmaybegroundsforremovalofaccreditationforboththeconsultantandtheconsultancy.Councilmayalsoundertakeproceedings to have any errors by the consultanton behalf of the Consultancy rectified.

The deeds are legally binding. It is the basis onwhichCouncilwillrelyontheexpertadviceprovidedbytheconsultant.

5.0 Qualifying Accredited Consultants and Consultancies

Meeting the accepted criteria to qualify asan‘Accredited Consultant andConsultancy’

The consultant and Consultancy is required to submitanapplicationtoCouncilsupportedbydocumentationdemonstrating how they meet the criteria outlined byCouncil.

If a consultant and consultancy achieves theacceptablecriteriaforaccreditation,thatconsultantandconsultancywillbecomeaccreditedandwillbeabletoparticipate in the mb+Assessment process.

This accreditation may only apply to the specific compliance assessment of a document or work that the applicant isqualifiedinanddoesnotallowtheconsultanttoassessapplications under mb+Assessment in which they have notdemonstratedthe necessary competence.

Council may outline responsibilities and impose conditions on the accreditation of a consultant and/ or consultancy. If the ‘Accredited Consultant or Consultancy’ breaches the terms of the accreditation, Council may remove accreditation depending on the severity of the breach.

Agreeing to be bound to the guidelinesand requirements of the accreditingbody

The ‘Accredited Consultant and Consultancy’ must sign the terms and conditions applied by the Council in the deeds.

6.0 MonitoringtheProcess

Monitoring the activity of its ‘AccreditedConsultantandConsultancy’

In order to ensure that the ‘Accredited Consultant and Consultancy’ are complying with requirements of theCouncil, a post-approval audit process may be undertaken. This post-approval auditallowsCounciltodeterminehowwell the process is working, any inconsistencies orissueswith their criteria or process, and whether AccreditedConsultants are complying with the requirements of theprocess.

Disciplinary action forminor breaches

Any breach is grounds for the Council to undertake a detailed assessment of all plan sealing applications lodged by the consultant and the consultancy and thus for their removal from the list of ‘Accredited Consultants and Consultancies.’ Council may however at its discretion, consider issues such as the severity of the alleged breach, the responsiveness of the consultant to the breach and history of the consultant and theconsultancy they represent in determining anappropriatecourse of action. In these cases, the severity of thebreach will dictate the disciplinary action to be taken.

Below are five primary disciplinary actions that Council may take in order of severity (Note that the decision ofwhat action to take resides with theCouncil):

•Notice to applicant for the first minor discrepancy;

•Returntoaprobationperiodforasetnumberofapplications and subject to an extendedapprovaltimeframe;

•Removing the ability to lodge under mb+ Assessment foraset period of time (suspension);

•Cancellation of accreditation of the ‘Accredited Consultant and Consultancy’; and

•Development Compliance/Enforcement action if necessary.

Council may, under certaincircumstances,obtain access to the insurance of the individual(orconsultancy) were to engage in fraudulent ormisleading activities.

Note that all disciplinary actions that areimposedon a particular consultant will also be imposed on theconsultancy they represent. The expectation is thattheparticipating consultancy develops their own qualityassurance process regardingmb+ Assessment.

Glossary

AccreditedConsultant

A consultant that has demonstrated adequate competency to be considered ‘accredited’ for the purposes of this accreditation process, the accreditation is valid for an individual consultant whilst under the employment of their current consultancy. In the event of the consultant ceasing employment with the accredited consultancy the accreditation shall be suspendedor removed unless the consultant is moving to aconsultancy that also has the required accreditation.

AccreditedConsultancy

A consultancy that has demonstrated sufficient insurances to be considered ‘accredited’ for the purposes of this accreditation process, the accreditation is valid for a consultancy whilst an accredited consultant is under their employment. In the event of the consultant ceasing employment with the accredited consultancyor the accredited consultancy’s inability to demonstrate sufficient insurance, the accreditation shall be suspended or removed.

Compliance report

The compliance report is a detailed report submittedwithan mb+ application as Appendix A,and clearlydetails that the applicant has complied with all conditions of the approval, and all conditions of any related approval, that are required to be completed prior to Council’s endorsement of the Survey Plan. Where the relevant conditions require works to be completed, the applicant may bond uncompleted works to allow earlier endorsement of the Survey Plan in accordance with Council’s Policy 13-2150-069 ‘Approval of Subdivision Plan Prior to Completion of all Subdivision Works’.

Thecompliancereportmaybeintheformofatable/andor written statements, and include all necessaryevidence of compliance with the relevant conditions.

IDAS

Integrated Development Assessment System; refertoChapter 3 of Sustainable Planning Act2009

SPA

Sustainable Planning Act 2009 (formerly theIntegrated Planning Act1997)

Relevant Legislation

Sustainable Planning Act 2009 (Qld) (SPA)

SustainablePlanningRegulation2009(Qld)(SPR) IntegratedPlanningAct1997(Qld)(IPA)

LandTitleAct1994(Qld)(LTA)

LocalGovernmentAct1993(Qld)(LGA)

Body Corporate and Community Management Act1997 (Qld)(BCCM)

Available for viewing at:

Appendix A: Accreditation Kit

Note: a Consultant applying for accreditation is required to complete and submit the following four (4) forms:

A1Accreditation Application Form

A2Guidelines for Accredited Consultant/Consultancy

A3Accreditation Deed for Consultant

A4Accreditation Deed for Consultancy

A1AccreditationApplicationForm

Privacy statement:

Moreton Bay Regional Council is collecting your personal information for the purpose of mb+ development application assessment services. The collection of this information is authorised under Sustainable Planning Act 2009 (Qld). Your information will not be given to any other person or agency unless you have given us permission or we are required by law.

Page 1 of 1A1 Accreditation Application Form

1Consultancy

Name ofConsultancy:

Name ofDirector:

Signature ofDirector:

Date:

2Consultant

Name ofConsultant:

Signature ofConsultant:

Date:

Privacy statement:

Page 1 of 1A1 Accreditation Application Form

To qualify for Accreditation for mb+ Assessment, the following must be submitted and complied with:

1.Completed Accreditation Kit forms: A2 - Guidelines for Accredited Consultant/Consultancy; A3 Accreditation Deed for Consultant; and A4 Accreditation Deed for Consultancy.

2.A covering letter which, explicitly outlines the individual has the necessary experience/ knowledge of the following:

•Demonstrated ability to prepare Survey Plans to Council standard;

•Demonstrated ability to prepare Compliance Reports;

•Demonstrated knowledge of Council’s Policy 13-2150-069 ‘Approval of Subdivision Plan Prior to Completion of all Subdivision Works’ and bonding uncompleted works;

•Demonstrated knowledge of preparation of legal documentation in relation to easements, land transfers and covenants;

•Applicable Council standards/policies;

•State Planning Regulatory Provisions;

•Single State Planning Policy; and

•Applicable Australian Standards.

3.Provide examples of three (3) plan sealing applications lodged and approved within the last 18 months identifying the following:

•Details of the Compliance Report and the general completeness of the applications (e.g. sufficient details stating compliance with all conditions of approval); and

•The resulting actions stemming from any SPA Action Notice or IPA Non-Compliance Notice.

4.Copy of professional indemnity insurance Certificate of Currency and Policy Schedule.

Process Following Accreditation

An initial one-on-one session with the Council officer coordinating mb+ Assessment will occur following accreditation to:

•Introduce the Accredited Consultant(s) to the Standards and Criteria;

•Reaffirm general expectations; and

•Discuss queries from the Accredited Consultant(s).

Council’s Development Services team may be contacted on the details below:

Telephone: (07) 5433 2480

Email:

mb+ Assessment information isavailable on Council’s website:

Privacy statement:

Page 1 of 1A1 Accreditation Application Form

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Page 1 of 2A2 Guideline for Accredited Consultant/Consultancy

The purpose of this practice guideline is to inform the Accredited Consultant/Consultancy of the operational nature of mb+Assessment.

This approach offers an opportunity to advance partnerships, assist in delivering services to the community, and provide an innovative approach to service delivery. The process offers a means of fostering a stronger relationship with industry colleagues by quickly deciding applications considered straightforward. It achieves this by effectively allowing a Council to rely upon information from an Accredited Consultant/Consultancy, whilst retaining the decision- making powers, thus avoiding any duplication of effort. In terms of benefits to industry, it is envisaged that the application assessment period will be significantly reduced, and the Accredited Consultant/ Consultancy is more closely involved in the development process.

The Accredited Consultant/Consultancy is responsible for providing to Council the following:

1.Complete Accreditation Kit documents (Guideline, Application Form and Deeds of Agreement);

2.Covering letter demonstrating experience and knowledge as outlined as the qualifying criteria;

3.Evidence of 3 plan sealing applications lodged and approved within the last 18 months; and

4.Copy of professional indemnity insurance Certificate of Currency and Policy Schedule.

Council will endeavour to endorse a Plan of Survey within 5 business days of lodgment.

Note: mb+Assessment transfers responsibility to the Accredited Consultant/Consultancy to ensure supporting reports and plans are accurate and contain sufficient detail as would otherwise be required by Council for review. If issues arise in future, Council may take legal steps against the Accredited Consultant/ Consultancy to rectify the issue or matter.

The Consultant and Consultancy must sign a Deed of Agreement with Council, which confirms the roles andresponsibilities of the Accredited Consultant(s) and is the basis on which Council and the Accredited Consultant/Consultancy will participate in the mb+Assessmentprocess.

The mb+ Assessment process is outlined below:

Stage 1 – Accredit Consultant and Consultancy

•Consultant and Consultancy complete and submit to Council the Accreditation Kit documents includingGuidelines, Application Form and Deeds of Agreement.

•Council provideswritten confirmationof the certification of the Accredited mb+ Consultant.

Stage 2 – Prepare Documentation

•Accredited Consultant prepares survey plans and any other relevant documentation such as easement and bonding documentation. Council has Standard Terms documents that can be used by the applicant’s solicitors for preparation of easement documents prior to lodging a plan sealing application.

•Accredited Consultant completesthe mb+ Accredited Consultant Plan Sealing Checklist including Compliance Report demonstrating compliance with development approval, relevant approvals and any referral agencies conditions.

•The Accredited Consultants are required and entrusted with the responsibility to ensure all conditions of development have been addressed and completed and that all other outstanding issues have been resolved, including bonding of uncompleted works.

Stage 3 – Lodge Application

•Accredited Consultantlodges complete and assessed mb+ application with Council.

•mb+ applications must meet the following criteria:

a)The application is Properly Made (IDAS forms, applicable fees and portable long service levy);

b)The Infrastructure Charges and all outstanding rates and fees are paid on the day of lodgement in accordance with the quotation;

c)All necessary documentation outlined in the mb+ Plan Sealing Check Sheet is included; and

d)Any other relevant material that has been used to determine the application is provided.

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Accreditation Model and Applicationkit

TableofContents

1.0 Introduction

2.0 Description ofAccreditation

3.0 Accreditation Categories

4.0 The AccreditationKit

Guidelines for AccreditedConsultant/Consultancy

Accreditation Deed for Consultantand Accreditation Deed for Consultancy

5.0 Qualifying Accredited Consultants and Consultancies

Meeting the accepted criteria to qualify asan‘Accredited Consultant andConsultancy’

Agreeing to be bound to the guidelinesand requirements of the accreditingbody

Monitoring the activity of its ‘AccreditedConsultantandConsultancy’

Disciplinary action forminor breaches

AccreditedConsultant

AccreditedConsultancy

Compliance report

SPA

A1AccreditationApplicationForm

Stage 1 – Accredit Consultant and Consultancy

Stage 3 – Lodge Application