2016-10-11 S&O Agenda - Attachment 1 to Item 8 - Delegations of Authority

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         11 OCTOBER 2016


7     IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
      GERHARDT & GERHARDT V QUEENSLAND BUILDING & CONSTRUCTION
      COMMISSION

Author              Manager, Planning & Environment, Kerri Coyle
                    Planning & Infrastructure Department

Index               ECM/ Subject / Noosa Planning Scheme

Attachments         Nil

EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 11 October 2016 and amend the existing Council
decision in relation to this matter (reference – Council meeting dated 18 August 2016, Planning &
Environment Committee recommendation 3 on page 5 of the Council meeting minutes) by
replacing the current Table 1 with the following new Table 1:-
Table 1 – Declared building form for amenity and aesthetic referral agency assessment in Noosa
Shire
     Column 1                                Column 2                                  Column 3
         Code             Concurrence Agency Assessment Required              Probable Solutions/Specific
                                                                                      Outcomes
 Building Works           Where carrying out building work not               Table 14-44 S1.1, S2.3, S10.1,
 Code                     associated with a material change of use and       S11.1-S11.3 S12.1, S13.1,
                          not complying with the Probable Solutions          S14.1, S15.1, S16.1, S16.2,
                          identified in column 3 of this table. Applies to   S17.1, S181-S18.4, S20.1,
                          all localities if a locality or zone is not        S21,1, S21.2, S22.1,
                          identified.                                        Table 14-45 S23.1-S23.3,
                                                                             Table 14-45 S24.1-S24.7,
                                                                             S25.1-S25.6
 Biodiversity Overlay     Where involving interference with vegetation       Table 13.2 S9.1, S10.1
 Code                     on premises identified as Environmental
                          Protection Area, Environmental Enhancement
                          Area or Riparian Buffer Area on Biodiversity
                          Overlay Maps OM1.1 to OM9.1; or
                          Where on premises identified as Riparian
                          Buffer Area of Biodiversity Overlay Maps
                          OM1.1 to OM9.1, except for demolition works.
 Heritage Overlay         Where involving a heritage site or within a        Table 13.5 O1, S2.1, O3, S4.1,
 Code                     character area as defined by the Division 5,       S5.1-S5.3, O6, S7.1, O12
                          13.11 General Provisions for the Heritage
                          Overlay
 Natural Hazard           Where on land identified as Flood Hazard Area      Table 13.10 S20.1, S20.2
 Overlay Code             on Overlay Maps OM1.3-9.3
 Natural Resources        Where within a Coastal Protection Area             Table 13.17 S17.1, O18,O19,
 Overlay Code             identified on Overlay Map OM4.5                    S20.1, S20.2




                                                                                              Page 72 of 86