2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      9 AUGUST 2016


Another approach which may be considered is to amend the Building Act 1975 to broaden the
definition of the building assessment provisions to allow for assessment against any provisions of
a planning scheme which apply solely to building work and amend the Sustainable Planning
Regulation 2009 and/or the Sustainable Planning Act 2009 providing for Council to undertake an
assessment manager’s role in such circumstances.
There are many considerations in determining what might be the preferred solution given the
complexity of the current legislative provisions. However, this issue needs to be resolved as a
matter of urgency to minimise confusion and to ensure that local governments can continue to
protect public safety, biodiversity, amenity and character of their local government area. Notably,
the new Planning Act as passed by parliament in May 2016 does not resolve the matter.
Option 3 - Partial Interim Solution
As a partial interim solution it is recommended that Council make a resolution in respect to the
amenity and aesthetic provisions under item 17 of Schedule 7 of the Sustainable Planning
Regulation 2009. This would provide Council with a concurrence agency role in respect to
applications for building works but only in relation to the amenity and aesthetic impact of buildings
or structures. Item 17 of Schedule 7 of the Sustainable Planning Regulations 2009 provides for
local governments to be a concurrence agency in respect to:
Building work for a building or structure if it is-
(a)    a single detached class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2
       attached dwellings or a class 10 building or structure; and
(b)    in a locality and of a form for which the local government has, by resolution or in its planning
       scheme, declared that the form may-
       (i)    have an extremely adverse effect on the amenity, or likely amenity, of the locality; or
       (ii)   be in extreme conflict with the character of the locality
Council as a concurrence agency would have 10 business days from receipt of the application to
apply conditions or direct refusal of the application. If no response is provided by Council within
this time frame the private building certifier can decide the application as if the agency had
assessed the application and had no concurrence agency requirements. These time frames are
likely to impact on the resources of the DA Planning team and further review of the team and
workloads will be required to ensure no missed responses.
This approach does not provide a full solution to the matter but is the only option currently available
to Council to provide input into building works matters. It will only address amenity and character
matters that the Noosa Plan raises in respect to building works and does not address public safety
and biodiversity issues. Currently, LGAQ, state government officers, council officers and a number
of other bodies are meeting to discuss the implications of the decision and a way forward.
However, amendment to the legislation is likely to take some time to implement.


Previous Council Consideration
Nil.


Finance & Risk
The decision has significant implications on the ability of Council to protect public safety,
biodiversity, amenity and character in the shire. A resolution under the amenity and aesthetic
provisions is only a partial solution, is not fully satisfactory and is likely to have implications for
current resources for the DA Planning team which requires further consideration.




                                                                                      Page 24 of 119