2022-08-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT   09 AUGUST 2022




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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                                09 AUGUST 2022

                                                            27
                                                     Noosa Shire Council
                                                Charges Resolution (No.7) 2022

            13.3    Conversion application process
                    (1)      An applicant may apply to the local government to convert non-trunk
                             infrastructure to trunk infrastructure.
                    (2)      The application must be made in writing within the required period (see clause
                             139 of the Planning Act).
                    (3)      The local government must, within the required period (see clause 140 of the
                             Planning Act), decide the conversion application having regard to the criteria for
                             deciding the application stated in section 13.6.
                    (4)      At any time before deciding the conversion application, the local government may
                             give a notice to the applicant requiring the applicant to give information that the
                             local government reasonably needs to make the decision (see clause140 of the
                             Planning Act for notice requirements).
            13.4    Notice of decision

                    (1)      As soon as practicable after deciding the conversion application, the local
                             government must give the applicant notice of the decision.
                    (2)      If the decision is not to convert non-trunk infrastructure to trunk infrastructure, the
                             notice must be an information notice about the decision.
                    (3)      If the decision is to convert non-trunk infrastructure to trunk infrastructure, the
                             written notice must state:
                             (a)      that the infrastructure is trunk infrastructure
                             (b)      if the infrastructure will be conditioned as a necessary infrastructure
                                      condition
                             (c)      if an offset or refund applies
                             (d)      if an offset or refund applies, the details of that offset or refund.
            13.5    Effect of conversion application decision
                    (1)      If the local government has decided to convert non-trunk infrastructure to trunk
                             infrastructure, it may amend the development approval by imposing a necessary
                             infrastructure condition for the trunk infrastructure.
                    (2)      If a necessary infrastructure condition is imposed, the local government must give
                             either an infrastructure charges notice or an amended infrastructure charges
                             notice including details of the offset or refund.
            13.6    Criteria for deciding a conversion application
                    (1)      Each of the following criteria must be met for non-trunk infrastructure to be
                             converted to trunk infrastructure :
                             (a)      the infrastructure services development that is-
                                      (i) | consistent with the assumptions about the type, scale, location or
                                            timing of future development stated in the LGIP; and
                                      (ii) | for premises completely inside the PIA.
                             (b)      construction of the infrastructure has not yet started

                                           Council Resolution effective 19 August 2022

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