2021-12-07 Planning & Environment Committee Meeting Agenda - Updated

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  7 DECEMBER 2021



10    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – OCTOBER 2021

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

Index             ECM/Subject/ All Applications

Attachments       1 - Decision Issued Under Delegated Authority


EXECUTIVE SUMMARY
This report provides a list of development applications decided by officers during October 2021. In
total there were 39 development applications decided this month, and these included a range of
small scale developments, with 2 applications refused.
Of the 2 applications refused, the first application (no. 4) was for a shed at 79 Garnet Street, Cooroy
and was refused given the shed was located in a riparian buffer. The proposed driveway to the
shed was also likely to adversely impact adjoining neighbours’ amenity, with the owners currently
using the site as a truck depot. The second application (No. 33) was refused due to non-compliance
with the site cover requirements for dwellings in the Shire. The applicant has subsequently
appealed this decision to the Development Tribunal.
RECOMMENDATION
That Council note the report by the Development Assessment Manger to the Planning &
Environment Committee Meeting dated 7 December 2021 regarding planning applications that
have been decided by delegated authority.


REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a)    an application for a variation request mentioned in section 61 of the Planning Act 2016 to
      vary the effect of the planning scheme;
b)    the approval of an application where there is substantial non-compliance with a stated policy
      of the Council or a high order provision of the Planning Scheme being a desired
      environmental outcome, or an overall outcome of a code;
c)    the refusal of any application where Council is the assessment manager;
d)    requests for change representations, and change applications to change or delete conditions
      that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e)    and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.


                                                                                     Page 125 of 140