2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              10 SEPTEMBER 2019


REPORTS FOR CONSIDERATION OF THE COMMITTEE

1                        UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
DOCUMENT INFORM AT ION




Author                              Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
                                    Environment and Sustainable Development Department

Index                               ECM/ Subject/ 66.02 - Infrastructure Charges Instruments & Policy
                                    (Council/State)

Attachments                         1.    Noosa Shire Council Charges Resolution (No.4) 2019
                                          (30 page attachment provided separately to this agenda)


EXECUTIVE SUMMARY
Not applicable

RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 September 2019 and adopt the “Noosa Shire Council
Charges Resolution (No.4) 2019” provided at Attachment 1 to the report, to take effect on
Monday 23 September 2019 replacing the “Noosa Shire Council Charges Resolution (No.3)
2018”.

REPORT
Council issues infrastructure charges on development under its “Charges Resolution” to help
fund provision of “trunk” infrastructure identified in its Local Government Infrastructure Plan
(LGIP).
Legislative amendments to infrastructure charges requirements regularly occur and it is therefore
appropriate that Council also regularly review and update its “Charges Resolution” accordingly to
ensure continued best compliance with the current Planning Act 2016 and Planning Regulation
2017.
A review of Council’s current “Charges Resolution” has been triggered by the following recent
events:
a)   Amendment of the Planning Regulation 2017 where the prescribed amounts (i.e. maximum
     infrastructure charge rates) have been updated to the current 2019-2020 financial year.
     The maximum prescribed amounts have increased by approximately 2.25% on average.
b)                       Unitywater having adopted its own Infrastructure Charges Schedule to better comply with
                         its respective legislation, the “South-East Queensland Water (Distribution and Retail
                         Restructuring) Act 2009” (SEQ Water Act). This has resulted in some aspects of Council’s
                         “Charges Resolution” becoming redundant and no longer applicable. The only item that
                         continues to bind Council and Unitywater is the actual “Break-up Agreement” in Section
                         10.2 and Table 10.1.
c)                       Recent Court Judgements on infrastructure charges appeals have highlighted the
                         importance of clarity in resolution details in issuing charges, particularly on non-specific
                         types of development.
Staff have reviewed Council’s current “Charges Resolution (No.3) 2018” and recommend it be
updated and replaced with the amended “Charges Resolution (No.4) 2019” provided as
Attachment 1 to this report. The amended sections are highlighted in yellow shading for
reference and are summarised below:


                                                                                                       Page 3 of 76