2014-01-28 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                              28 JANUARY 2014


4.4   TEMPORARY LOCAL PLANNING INSTRUMENT FOR VEGETATION PROTECTION

DOCUMENT INFORMATION

File No           ECM/Subject/Planning Instruments & Subject/Vegetation

Author            Strategic Planner



SUMMARY/PURPOSE

The purpose of this report is to:

     present to Council the Temporary Local Planning Instrument (Protected Vegetation
      Overlay) 02-2013;
     recommend to Council to decide to make a Temporary Local Planning Instrument
      (Protected Vegetation Overlay) to replace the 02-2013 version which is due to expire on
      23 June 2014; and to
     obtain Council endorsement for a proposed Temporary Local Planning Instrument
      (Protected Vegetation Overlay) 2014.

BACKGROUND INFORMATION

On 12 June 2013 the Sunshine Coast Council adopted Temporary Local Planning Instrument No
2 (Protected Vegetation Overlay) 2013 (TLPI 02-2013).

TLPI 02-2013 was made to ensure a legal mechanism is in place to regulate vegetation clearing
on the Sunshine Coast following the expiry of Temporary Local Planning Instrument No 1
(Protected Vegetation Overlay) 2012 and in the absence of a gazetted Sunshine Coast Planning
Scheme.

The TLPI 02-2013 is implemented by the Community and Development Department, Engineering
and Environmental Assessment Branch and is due to expire on 23 June 2014. After 23 June
there will be no local government regulation in place to ensure existing provisions for vegetation
protection within Noosa continue. Consequently a new TLPI, namely Noosa’s Temporary Local
Planning Instrument (Protected Vegetation Overlay) 2014 (TLPI 2014) (Attachment 1), would
need to be adopted prior to this time.

The Sustainable Planning Act 2009 (SPA) outlines the requirements for making a TLPI and the
process is outlined within the State’s Statutory Guideline 01/13 - Making and Amending Local
Planning Instruments. A TLPI can only be made where there is a significant risk of serious
environmental harm, (or serious adverse cultural, economic or social conditions) happening in
the planning scheme area and the delay involved in using the usual planning scheme
amendment process would increase the risk.

In accordance with SPA any Temporary Local Planning Instrument is permitted to be in operation
for up to 1 year and therefore it is anticipated TLPI 2014 would expire on 24 June 2015.

A detailed appraisal of vegetation protection provisions is required. Due to the tight timeframe
and need for community consultation it is recommended that a full review be undertaken in the
following months as part of a broader planning scheme review and potential amendments.




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