This case struck me. I thought I had nothing further to add. Then I realise that I can share some pointers about independent expert reports.
For a planning application/DA that is not cookie-cutter, run-of-the mill type but is pushing the envelope or is tricky, the application is bound to be fraught or beset by some difficulties.
An independent expert report is one of the few things within your control. You choose the independent expert, you commission them, you pay them AND you can choose to submit or not submit the report to Council.
To avoid 'nasty surprises' in the expert report, there are a few precursor steps you can take
1. Interview/chat with different experts before you commission them. Suss out first if they are favourable, supportive, receptive, positive, cautiously optimistic about your project or are they unfavourable, negative, reluctant, dead-set, non-committal, indifferent, not enthusiastic, resistant. Some consultants will adopt a 'No way Jose am I going to touch this with a 10 foot barge pole' and flatly refuse to take on your project. Some consultants will say 'why not? Yes, I think this can be done. it fits all the criteria and any issues can be resolved"
It all depends on their breadth of experience and past experience with Councils.
Ask each consultant in turn beforehand if they can see any major issues, concerns, difficulties and how they will address them. Hire the consultant that best meets your criteria.
2. When you receive the report, read it carefully with a fine tooth comb. Apart from checking for mistakes, factual errors, missing information, check if there are any additional major areas of concerns, impacts, problems or difficulties identified in the report. Discuss with the consultant how these issues/impacts can be addressed with a mutually acceptable solution and ask if this can be included in the report. Some consultants will balk at you attempting to modify their expert report, some will be more amenable.
At the end of the day, reading the report and checking it is your responsibility . Is it a favourable report or is it an adverse report that identifies some sticky unsolvable issues that the consultant refuses to change his opinion on?
3. You can then choose to submit or not submit an independent report to Council. That is entirely within your control.
If it is an adverse report (hopefully doing Step 1 will avoid this situation), you can choose not to submit it to Council and seek another expert opinion.
If you submit an adverse expert report to Council, it's like
providing a gun and ammunition to Council, pointing it in your direction and saying 'shoot me!', chances are Council will have no choice but to pull the trigger even if they didn't want to in the first place.
So choose your consultant carefully and make sure you read the report carefully and consider the implications of what it is saying before you submit it to Council.
