2017-09-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    12 SEPTEMBER 2017


Since that time there has been:
1.   A further judgement by the Planning & Environment Court, which is subject to a current
     appeal to the Queensland Court of Appeal. This judgement provided significant further
     context to the issue, in particular the arrangements that apply if building work is assessable
     under a planning scheme. In this case the court found that 2 development approvals were
     required (one from the Council and one from the private building certifier).
2.   Legislative amendments to both the Sustainable Planning Act 2009 and the Planning Act
     2016 to address the issues raised in the Gerhardt judgements and clearly identify the
     relative responsibilities of certifiers and Councils in assessing building work in way that
     allows each to effectively address their respective interests.
The legislative amendments have addressed the issues raised by the Gerhardt judgements
satisfactorily restoring Council’s ability to effectively regulate building works. Therefore the
amenity and aesthetic resolution is no longer necessary for Council to have in place. On this
basis and given the consequences of not deciding these type of applications within the required
time frame (private building certifiers may decide the application as if Council had no response),
it is recommended that Council no longer continue with this resolution.
Previous Council Consideration
Ordinary Meeting, 18 August 2016, Item 3, Page 5
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 9 August 2016 and resolve for the purpose of Schedule
7, Table 1 item 17 of the Sustainable Planning Regulation 2009:
A.   to be a concurrence agency for a building or structure which is a single detached class
     1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a
     class 10 building or structure in the circumstances outlined in Table 1 below; and
B.   that the form of building works which do not comply with the Probable Solutions and/or
     Specific Outcomes outlined in Column 3 of Table 1 of the relevant codes identified in
     Column 1 of Table 1 may:
     (a)   have an extremely adverse effect on the amenity or likely amenity of the locality; or
     (b)   be in extreme conflict with the character of the locality
     Table 1 – Declared building form for amenity and aesthetic referral agency assessment in
     Noosa Shire
      Column 1               Column 2                                     Column 3
      Code                   Concurrence Agency Assessment                Probable      Solutions/Specific
                             Required                                     Outcomes
      Building     Works     Where carrying out building work if          Table 14-44 S1.1, S2.3, S10.1,
      Code                   demolition, relocation or removal of a       S11.1-S11.3 S12.1, S13.1, S14.1,
                             building and not associated with a           S15.1, S16.1, S16.2, S17.1,
                             material change of use and not               S18.1-S18.4,    S20.1,    S21,1,
                             complying with the Probable Solutions        S21.2, S22.1,
                             identified in column 3 of this table.        Table 14-45 S23.1-S23.3,
                             Applies to all localities if a locality or
                                                                          Table 14-45 S24.1-S24.7, S25.1-
                             zone is not identified.
                                                                          S25.6
      Biodiversity Overlay   Where involving interference with            Table 13.2 S9.1, S10.1
      Code                   vegetation on premises identified as
                             Environmental    Protection     Area,
                             Environmental Enhancement Area or
                             Riparian Buffer Area on Biodiversity
                             Overlay Maps OM1.1 to OM9.1; or
                             Where on premises identified as

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