2014-09-16 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                 16 September 2014


Strategic Land Use Planning
5                        PLANNING & DEVELOPMENT BILL 2014 AND PLANNING & ENVIRONMENT
                         COURT BILL 2014
DOCUMENT INFORM AT ION




Author                              Manager, Planning & Environment, Kerri Coyle
                                    Strategic Planner, Rowena Skinner
                                    Planning & Infrastructure Department

Index                               Subject\Planning Instruments\Process and Management

Attachments                         Nil


EXECUTIVE SUMMARY
Not Applicable.

RECOMMENDATION
That Council note the report by the Manager, Planning & Environment and Strategic Planner
to the Planning & Organisation Committee Meeting dated 16 September 2014 and request
the Chief Executive Officer to make a submission to the draft Planning and Development Bill
2014 and Planning and Environment Court Bill 2014 generally seeking that:-
A.                       The Department of State Development, Infrastructure and Planning undertake
                         consultation on the draft Planning and Development Regulations and Guidelines
                         where much of the practical impacts of the legislation changes for the community,
                         development industry and local governments will be located;
B.                       Local governments and their communities should continue to retain the ability to
                         decide through their planning schemes which developments will be required to be
                         publicly notified and have third party appeal rights;
C.                       Where an application conflicts with the planning scheme, the onus of proof should be
                         on the applicant to prove the merits of the proposal and justify the inconsistency rather
                         than what appears to be an onus on the assessment manager to prove that the intent
                         of the planning scheme should be upheld;
D.                       Section 89 of the Planning and Development Bill 2014 be amended to remove the
                         requirement for local governments to provide a notice to applicants and owners that
                         their approval will lapse, as this should be the responsibility for applicants and owners
                         to monitor;
E.                       A time limit requirement be included for Conversion Applications and Offset
                         Establishment Cost review requests to be made and undertaken during the period for
                         a Negotiated Decision Notice to reduce uncertainty for local governments;
F.                       An allowance be included for Local Governments to index all Infrastructure Charges
                         from a set base date in accordance with the applicable index to address increasing
                         infrastructure costs; and
G.                       Councils should have the ability to issue an Infrastructure Charges Notice for minor
                         changes to development approvals issued prior to 1 July 2011 that involve an increase
                         to the intensity of the development and for extensions to the currency period.




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