2014-01-28 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                              28 JANUARY 2014


Applications made as a result of TLPI 02-2013 range in complexity from a request to remove
single trees where infrastructure protection is the prime consideration, to larger scale clearing
associated with bushfire protection or building construction. Applications are also lodged as a
result of compliance action where the community has alerted council to clearing activities where
no application was received prior to works being undertaken.
Implementation of TLPI 02-2013 is undertaken by the Community & Development Department,
Engineering & Environmental Assessment Branch. TLPI 02-2013 is due to expire on 23 June
2014.

Relevant legislation – Provisions for making a new TLPI
The provisions for creating a new TLPI to replace TLPI 02-2013 are outlined within the
Sustainable Planning Act 2009 (SPA) and are outlined below.

The SPA outlines that a Temporary Local Planning Instrument:
    is made by a local government;
   advances the purpose of the SPA by protecting a planning scheme area from adverse
    impacts;
   may suspend or otherwise affect the operation of a planning scheme for up to 1 year, but—
    (a) does not amend a planning scheme, and
    (b) is not a change to a planning scheme under section 703;
 may apply to all or only part of a planning scheme area.

Section 105 of SPA requires that:

A local government may make a temporary local planning instrument for all or part of its planning
scheme area only if the Minister is satisfied—
a)    there is a significant risk of serious environmental harm, or serious adverse cultural,
      economic or social conditions happening in the planning scheme area; and
b)    the delay involved in using the process stated in the guideline mentioned in section 117(1)
      to amend the planning scheme would increase the risk; and
c)    State interests would not be adversely affected by the proposed temporary local planning
      instrument; and
d)    the proposed temporary local planning instrument appropriately reflects the standard
      planning scheme provisions.

Each of these criteria is addressed below.

(a) There is a significant risk of serious environmental harm, or serious adverse cultural,
    economic or social conditions happening in the planning scheme area.

    Council operates the current TLPI to prevent unnecessary damage to protected vegetation
    and to ensure that, where necessary, vegetation is cleared responsibly. The TLPI will expire
    automatically on 23 June 2014, being twelve months after it commenced. After this time
    there will be no local government regulation in place within Noosa Shire to protect vegetation
    from clearing.

    Without the TLPI serious environmental harm may result. Adoption of the proposed TLPI will
    address this risk and extend the vegetation protection measures for a further 12 months, ie
    until 24 June 2015.




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