2023-02-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 7 FEBRUARY 2023


6     PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
      DECEMBER 2022

Author            Acting Development Assessment Manager, Patrick Murphy
                  Environment and Sustainable Development Department

Index             ECM/Subject/ All Applications

Attachments 1.         List of Applications decided by Delegated Authority – December 2022

EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 7 February 2023 regarding planning applications that
have been decided by delegated authority.


REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a)    an application for a variation request mentioned in section 61 of the Planning Act 2016 to
      vary the effect of the planning scheme;
b)    the approval of an application where there is substantial non-compliance with a stated policy
      of the Council or a high order provision of the Planning Scheme being a desired
      environmental outcome, or an overall outcome of a code;
c)    the refusal of any application where Council is the assessment manager;
d)    requests for change representations, and change applications to change or delete conditions
      that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e)    and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Attachment 1 lists applications that are decided by delegated authority during the month of
December 2022 (excluding applications seeking to remove a tree(s) adjacent to a building or
structure):




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