Gag law a ‘blow to democracy’

LAWS preventing councillors voting on their election campaign issues are a blow to democracy, according to residents’ groups.
Surf Coast and Geelong residents and ratepayers’ associations said a legal threat preventing Torquay Ward’s David Bell from voting on any development proposal for Spring Creek highlighted how the law stopped councillors representing their constituents.
Cr Bell revealed this week that Christian College had sent him a letter threatening legal action if at council he spoke or voted on Spring Creek proposals.
The college wants to develop a campus on its land in Spring Creek but Surf Coast is considering a planning scheme amendment that would lock development out of the area.
Cr Bell, who has agreed to the college’s demands, was elected to council after leading a community campaign against developing Spring Creek.
The college’s demands follow a 2007 Supreme Court ruling that councillors could face penalties for making “pre-apprehensive” decisions on planning matters.
Cr Bell told the Independent in October that the Winki Pop decision could leave councillors “constantly caught up in being seen as biased for speaking on a matter publicly”.
Other councillors have also backed away from issues they had previously protested. Surf Coast ’s Heather Wellington, a lawyer, absented herself from council discussion on plans for a regional motorcycling facility at Barrabool after opposing the project before her election.
Geelong Residents and Ratepayers’ Association president and lawyer Andrew Senia said councillors had a democratic right to speak publicly about matters on which they had successfully campaigned, as long as they kept an open mind on planning applications.
“The issue is bigger than David Bell. It’s about what a councillor can or cannot say about any (planning) issue,” Mr Senia said.
Surf Coast’s 3228 Residents’ Association president, Sid Pope, said the Winki Pop ruling was unjust when state and federal government MPs escaped similar limitations.
“It’s a shame David Bell isn’t allowed to represent the people who voted for him,” Mr Pope said.
“Any action that restricts a council from restricting views at council level is a blow for democracy.”