2017-09-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             12 SEPTEMBER 2017


7                        AMENITY & AESTHETIC RESOLUTION
DOCUMENT INFORM AT ION




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

Index                               ECM/ Subject / Noosa Planning Scheme

Attachments                         Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding Council’s amenity &
aesthetic resolution and:
A.                       Note that amendments made to the Sustainable Planning Act 2009 and Planning Act 2016
                         have restored Council’s ability to effectively regulate building works and enforce locally
                         important matters; and
B.                       Resolve to discontinue acting as a concurrence agency in the circumstances set out in
                         Council’s resolutions of 18 August 2016 as amended by the resolution of 20 August 2016
                         with respect to Schedule 7, Table 1 item 17 of the Sustainable Planning Regulation 2009.


REPORT
A report was presented to Council’s Planning & Environment Committee Meeting on 9 August
2016 regarding recent judgements by the Planning & Environment Court (Gerhardt v Brisbane
City Council) and their implications on the assessment of building works that The Noosa Plan
seeks to regulate.
The judgements at the time enabled a private building certifier to give a Development Permit for
Building Work made assessable under The Noosa Plan without any input or direction from
Council in some situations. Further the building certifier was not required to assess the building
works against the planning scheme requirements, other than alternative building assessment
provisions such as site cover and setbacks. This meant matters that the community and Council
considered important locally were ineffective and not able to be enforced.
In response to these judgements Council at its Ordinary Meeting on 18 August 2016 resolved to
make an amenity and aesthetic resolution under the Sustainable Planning Regulation 2009. This
was intended as an interim solution to enable Council to provide input into building works matters
that the Noosa Plan sought to regulate being important locally.
A further report was presented to Council’s Ordinary Meeting on 11 October 2016 providing an
update to Council on discussions with the Department of Infrastructure, Local Government &
Planning regarding potential legislation amendments. This report also sought a minor
amendment to the amenity and aesthetic resolution to provide clarify the referral provisions.




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