2014-09-16 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                16 September 2014


Chapter 6 & Planning & Environment Court Bill 2014
Dispute Resolution
Provisions regarding the establishment, jurisdiction and overarching philosophy of the
Planning and Environment Court are set to be moved to the PEC Bill. Importantly a key
principle in the Bill is the requirement for the court to facilitate ‘the just and expeditious
resolution of the real issues and avoid undue delay, expense and technicality’.
Generally there is greater scope for matters to be heard by the Building and Development
Dispute Resolution Committees and the Registrar. The court’s excusatory powers are also to
be broadened, giving the court more flexibility to excuse non-compliance with statutory
requirements.
Conclusion
Overall, the P&D Bill retains many concepts that underpin the current planning regime, such
as the integrated development assessment system, but there are some concerns. Much of
the practical impacts for the community, industry and local governments will be contained in
the P&D Regulation and Guidelines which are not available yet and the State have given no
indication that they will be made available for public comment.
There also appears to be a shift towards lowering the level of assessment, and reducing
third party participation in development assessment, the latter being of significant concern
for the Noosa community. Generally, there is also perhaps a deliberate shift away from
applicants having to prove their developments are appropriate and meet the Planning
Scheme intent towards a general presumption in favour of development, and this is of
particular concern where the development does not meet and/or is in conflict with the
Planning Scheme. Additionally, the requirement for local governments to have to advise
applicants and owners that their development will lapse is unreasonable and onerous and
this responsibility should be for applicants and owners to monitor.
Finance & Risk
Nil
Consultation
External Consultation - Community & Stakeholder
The Planning and Development Bill 2014 and Planning and Environment Court Bill 2014 are
currently being publicly notified for comment, with submissions closing on 26 September
2014.
Internal Consultation

Departments/Sections Consulted:

      Community Services                    x   Planning & Infrastructure
      Disaster Management & Public Order        Building & Plumbing Services
      Waste & Environmental Health          x   DA Planning
      Community Facilities                  x   Strategic Land Use Planning
      Cultural Facilities                       Asset Design & Investigations
                                                Asset Planning
                                                Civil Operations
                                                Environment

      Executive Office                          Corporate Services
      Community Engagement                      Finance
      Customer Service                          ICT
      Executive Support                         Procurement & Fleet
      Governance                                Property & Facilities
      Human Resources                           Revenue Services




                                                                                  Page 114 of 145