2020-07-16 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                              16 JULY 2020


The proposed new fees list only the fees that will be applicable for Material Change of Use
applications, with the current fees and charges for Reconfiguring a Lot, Operational Works, Minor
Change and Extensions to Relevant Period etc. continuing to apply to applications under the new
Planning Scheme. New fees for Material Change of Use applications have been set to match the
new use definitions under the new Planning Scheme.
Superseded Planning Scheme
Both sets of fees and charges (for the current Planning Scheme and the new Planning Scheme)
will need to be in place for 1 year from the commencement of the new Planning Scheme, given the
ability to make a Superseded Planning Scheme request. After 1 year the fees for the current
Planning Scheme will no longer be required and only the new Planning Scheme fees will apply.
A Superseded Planning Scheme is a Planning Scheme, together with related Planning Scheme
policies, that was in effect immediately before the new Planning Scheme commences. A person
may within 1 year after the Planning Scheme and related policies become a Superseded Planning
Scheme, make a Superseded Planning Scheme request.
A Superseded planning request is a written request to Council to accept, assess and decide a
development under the Superseded Planning Scheme; or apply a Superseded Scheme to a
development that was accepted development (and no approval required).
The current fees and charges include a fee of $1,380 for a superseded scheme request plus the
required fee where a development approval is required under the Superseded Planning Scheme.
Notably if the development was accepted development under the Superseded Planning Scheme,
then only $1,380 would apply.
Under the Planning Regulation 2017, Council must decide whether or not to agree to a Superseded
Planning Scheme request within 30 business days after the request is received, which may be
extended where the applicant agrees in writing before the period ends. If no decision is made by
Council, the Council is taken to have agreed to the Superseded Planning Scheme request.
Notably, Superseded Planning Scheme requests are currently delegated to officers to decide given
the stringent time frames set by the Planning Regulation 2017. Notwithstanding this, where officers
propose to not agree to a request under the Superseded Planning Scheme, where time permits,
officers intend to report the matter to Council.
Assessment of superseded planning requests will have regard to such matters as the potential
impacts from the proposed development (such as environmental, amenity, traffic impacts, etc. and
broader impacts on achieving the vision of the new Planning Scheme) and consistency with other
developments in the surrounding area.
Conclusion
It is therefore recommended that Council adopt the proposed fees and charges in respect to the
new planning scheme.
Previous Council Consideration
Nil.
Finance
The proposed fees and charges for the new Planning Scheme generally align with the fees and
charges applicable to the current Planning Scheme and therefore it is expected that these fees
and charges will have minimal impact on the budget. In developing the budgeted revenue for
2020/21 consideration was given to the new Planning Scheme’s lowering of assessment levels
from impact to code assessment for some developments and the 25% difference in fees between
code and impact assessment applications.
Risks & Opportunities
As the new Planning Scheme incorporates some new uses under the Planning Act 2016, it is
necessary for Council to adopt new and updated fees for the new Planning Scheme upon
commencement of the scheme.
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