2022-04-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      12 APRIL 2022


6.    REPORTS FOR NOTING BY THE COMMITTEE


7     PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – FEBRUARY
      2022

Author            Development Assessment Manager, Kerri Coyle
                  Environment and Sustainable Development Department

Index             ECM/Subject/ All Applications

Attachments       1.   Delegated Report


EXECUTIVE SUMMARY
This report provides a list of applications decided under delegation for February 2022. During
February there were 30 applications decided by officers including a proposal for a subdivision of 9
residential lots and 1 larger lot at 25 Pavilion Street Pomona.
The proposal included the construction of a new road off Pavilion Street, with the new road
designed to provide connectivity for future development of the adjoining land to the north. The
approved residential lots have been located outside the area subject to flooding with the flood
affected area contained within a larger lot (1.641ha). A building envelope was identified for this lot
to ensure the future house is appropriately sited in a flood free area.
RECOMMENDATION
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 12 April 2022 regarding planning applications that have
been decided by delegated authority.


REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a)    an application for a variation request mentioned in section 61 of the Planning Act 2016 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 for change representations, and change applications to change or delete conditions
      that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e)    and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.


                                                                                     Page 96 of 108