2015-10-22 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                   22 OCTOBER 2015


         requirements around community infrastructure should at a minimum enable council
         to have a statutory role similar to a referral agency and allow consideration of local
         planning instruments in the designation process;
    H.   Key process matters (including the development assessment process) should not
         be moved from the principal legislation and into subordinate legislation, given the
         potential negative outcomes for Councils and the broader community. The
         framework should be located in one statutory instrument to ensure genuine review
         processes cannot be expedited without due consultation and engagement;
    I.   Attachment 1 of this report which includes comment on Draft Planning Bills
         provisions relating to Infrastructure Charges as amended at the Planning &
         Organisation Committee dated 13 October 2015; and
    J.   Attachment 2 of this report which includes feedback to the Department of
         Infrastructure, Local Government and Planning on the specific issues the
         Department requested comment on;
    K.   The ability to opt-out of an information request in the Development Assessment
         Rules is likely to add significant complexity to the development assessment process
         without adding value, as an applicant has multiple options in regard to giving a
         response to a request for further information. It is critical that Councils and state
         agencies retain the ability to raise issues and identify further information that is
         required in order to fully understand and assess development proposals. The opt-
         out step should be deleted from the Development Assessment Rules;
    L.   The ability for applicants to determine at what point during the assessment stage
         public notification will occur, including prior to a response to responding to an
         information request, is likely to significantly complicate the development
         assessment process in contravention of the intended outcome. This ‘floating’ public
         notification will also impact on local government systems and process due to
         inconsistency in regard to when public notification will take place. Further the
         purpose of public notification is to assist community members in being informed of
         the proposed development, yet a ‘floating’ public notification undermines certainty
         and community confidence in understanding the planning processes and
         development proposals. It is critical that the community have all the information
         about a development proposal, including responses to Council’s information
         request, when making submissions to a development application. The public
         notification should only occur after responses to the information request have been
         received and thus made public.
    M.   The removal of existing requirements for notices to be placed in local newspapers is
         also not supported as it may limit the ability for the community to be aware of
         development proposals and engagement in planning and development decisions;
    N.   The Planning Bill introduces the ability for costs to be awarded in regard to
         enforcement notice appeals. However it is unclear in the drafting as to the rules
         when costs would be awarded and it is considered that the same criteria as
         proposed for development application appeals should apply to enforcement notice
         appeals; and
    O.   The State Government is to be commended in acknowledging that the planning
         system must be grounded in local communities and for recognising and supporting
         the central role of local government in land use planning and decision making. In
         addition, the commitment the State Government has made to providing time and to
         consider funding support for local governments to manage a transition process to
         new planning legislation is appreciated. Council is also pleased that the former
         appeal cost provisions of SPA have been returned.



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