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

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        11 OCTOBER 2016


REPORT
A report was presented to Council’s Planning & Environment Committee Meeting on 9 August
2016 regarding the recent judgements by the Planning & Environment Court and their
implications on the assessment of building works that The Noosa Plan seeks to regulate.
This report is intended to provide a brief update to Council on discussions with the Department of
Infrastructure, Local Government & Planning regarding potential legislation amendments and
seek a minor amendment to the amenity and aesthetic resolution.
Since the report to Council in August 2016, officers have participated in a working group
comprised of officers from the Department of Infrastructure, Local Government & Planning,
representatives of private building certifiers group and officers from a number of other
Queensland Council’s affected by the judgements. LGAQ have also made a submission to the
department seeking urgent amendments to the planning legislation to generally return the status
quo for building works assessable against planning schemes. The department is yet to formally
advise Councils on their intentions in respect to this matter, but indications are that legislative
amendments will be undertaken to return the ability for Council’s to regulate locally important
matters.
A minor amendment has also been identified as necessary to the amenity and aesthetic
resolution to provide clarity that these referral provisions apply to all building works and not just
demolition, relocation or removal works (see Column 2 of the table below).
Previous Council Consideration
Ordinary Meeting, 18 August 2016, Item 3, Page 5
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 9 August 2016 and resolve for the purpose of Schedule
7, Table 1 item 17 of the Sustainable Planning Regulation 2009:
A.    to be a concurrence agency for a building or structure which is 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 in the circumstances outlined in Table 1 below; and
B.    that the form of building works which do not comply with the Probable Solutions and/or
      Specific Outcomes outlined in Column 3 of Table 1 of the relevant codes identified in
      Column 1 of Table 1 may:
      (a)   have an extremely adverse effect on the amenity or likely amenity of the locality; or
      (b)   be in extreme conflict with the character of the locality
      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                Probable Solutions/Specific
                              Required                                     Outcomes
       Building Works         Where carrying out building work if          Table 14-44 S1.1, S2.3, S10.1,
       Code                   demolition, relocation or removal of a       S11.1-S11.3 S12.1, S13.1, S14.1,
                              building and not associated with a           S15.1, S16.1, S16.2, S17.1,
                              material change of use and not               S18.1-S18.4, S20.1, S21,1,
                              complying with the Probable Solutions        S21.2, S22.1,
                              identified in column 3 of this table.        Table 14-45 S23.1-S23.3,
                              Applies to all localities if a locality or
                                                                           Table 14-45 S24.1-S24.7, S25.1-
                              zone is not identified.
                                                                           S25.6
       Biodiversity Overlay   Where involving interference with            Table 13.2 S9.1, S10.1
       Code                   vegetation on premises identified as
                              Environmental Protection Area,
                              Environmental Enhancement Area or

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