2016-10-17 General Committee Meeting Notes

GENERAL COMMITTEE MEETING AGENDA                                               17 OCTOBER 2016


4.     Superseded planning scheme

Under the Sustainable Planning Act 2009, a person may apply to the local government to have
their development application assessed against the superseded planning scheme within 1 year
after the day the planning scheme takes effect. The superseded planning scheme is taken to be
the planning scheme before the amendments to the Noosa Plan commenced. The local
government has 30 days to either agree to the request or refuse the request.

It is expected that only a small number of superseded applications would be requested based on
experience with the Noosa Plan when it was first introduced in 2006. Superseded applications
would most likely be received for:
   Rear setback variations for dwelling houses
   Vegetation clearing that is not otherwise defined as exempt clearing
   Development in a flood hazard area
   Noosa River commercial uses.

Council officers currently have delegation to provide written notice to a person making a
superseded planning scheme request. Officers will still however refer to Council any ‘significant’
applications that are likely to be of community interest or where potential for compensation exists.

Under part 3 of the Sustainable Planning Act, an owner of an interest in land is entitled to be paid
reasonable compensation by a local government if –

a)     a change to the planning scheme affecting the land reduces the value of the interest; and
b)     a request is made to a local government to:
        i.    apply a superseded planning scheme or
        ii.   assess and decide a proposed development application under a superseded planning
              scheme; and
c)     the local government decides to refuse the request.
With respect to the rear building setback changes, Council is aware that there is a long lead in
time for the planning and design of some development proposals. Proponents with well
progressed dwelling house designs could potentially incur significant expense and time delays
where they are required to re-design their house to meet the new setback requirements.
Therefore, in considering superseded planning scheme requests relating to rear setbacks council
officers will have regard to:
     how progressed the design and technical drawings were at the date the amendments took
       effect; and
     whether the design meets the general intent of the building setbacks in relation to providing
       adequate separation, sunlight access and privacy for neighbours.

Under Council’s Planning and Infrastructure Fees and Charges, a request to apply the
superseded planning scheme is to be accompanied by a fee of $1,347.00 plus the required fee
for design and siting concurrence agency advice of $495.00 for the rear setback variation. It is
proposed that only the design and siting fee apply during the first 3 months from the time the
amendments take affect to minimise unexpected costs on home builders.




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