2015-08-18 Planning and Organisation Committee Attachment 1 to Item 13 Updated Delegations of Authority - Council to CEO 2015-16

                                  Council to CEO Updated Delegations 15/16                  Attachment 1




                                                                        Delegation No: 2015-35


DESCRIPTION OF POWER DELEGATED                                                     LEGISLATION

Power, as a local government for the application, to appeal to the Section 875(3)
Planning and Environment Court, as if Council had been a submitter for
an iconic places development application to which sections 461 to 464
apply.
Power as a continuing local government to ask the Minister to make a Section 957(3)
decision under section 957(4).
Power, as a local government that has started the process for preparing a Section 976A
PIP under section 627 as it was before the SPICOLAA came into effect, to
continue to prepare and make the PIP as if the SPICOLAA had not
commenced.
Power, as a local government that has given a notice mentioned in Section 977(3)
section 977(1) in relation to a development approval (e.g. an adopted
infrastructure charges notice), to, where a request to change the
development approval under section 369 is made, amend the notice.
Power, as a local government, to give written notice to a school that Schedule 4, table 5,
Council does not agree to the exemption.                              item 11(3)(b)
Power, as a local government, to give written notice to a school that –   Schedule 4, table 5,
(a)     A matter mentioned in schedule 4, table 5, item 12A(3)(a) applies item 12A(3)(b)
to the development; and
(b)     Council is satisfied that the development may –
•       affect the local heritage place, place of cultural heritage
significance or protected vegetation; or be affected by subsidence.


Any Conditions of Delegation:

1. The Delegated Officer must exercise this delegation in accordance with council; resolutions,
   policies, guidelines, procedures, industrial instruments and agreements.

2. If the CEO on delegates any of these powers the delegated officer must exercise any
   delegated power in accordance with the scope and limitations of the subject officer’s letter of
   appointment and/or, position description, qualifications, technical knowledge and legislative
   requirements.

3.   The Delegated Officer may exercise the powers of the Council under the Sustainable
     Planning Act 2009 for an application other than the following:

        a) an application for a preliminary approval mentioned in section 242 of the
           Sustainable Planning Act 2009 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 including Negotiated Decision requests, to change or cancel conditions
        e) that were imposed by Council at an Ordinary Meeting or a Special Meeting; and an
           application for a proposed development of significant community interest.


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LGAQ updated 18/02/2014