2017-06-29 Special Meeting - Agenda Item 2 - New delegations for the Planning Act 2016, Planning Regulation 2017 and Development Assessment Rules

 DESCRIPTION OF POWER DELEGATED                                               LEGISLATION
 Power, as a referral agency, despite section 11.1, to make an information Section 29.6
 request as a result of a referral under section 29.
 Power, as a party who initiated an extension under the DA rules, to give Section 33.1
 a copy of the agreement to any other party to the application.
 Power, as an assessment manager or as a concurrence agency for the Section 34.1
 application, to ask any third party for third party advice.
 Power, as an assessment manager or as a concurrence agency for the Sections             35.1   and
 application, to give further advice about the application to the applicant, 35.2
 including how the applicant may change the application.


Conditions of the Delegation:

1.   The Delegated Officer must exercise this delegation in accordance with council; resolutions,
     policies, guidelines, procedures, industrial instruments and agreements.
2.   If the CEO on delegates any of these powers the delegated officer must exercise any delegated
     power in accordance with the scope and limitations of the subject officer’s letter of appointment
     and/or, position description, qualifications, technical knowledge and legislative requirements.
3.   The Delegated Officer may exercise the powers of the Council under the Planning Act 20016
     for an application other than the following:
     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.

However, the delegated officer may exercise the powers of the local government under the Planning
Act 2016 for an application where the application has the potential for 'deemed approval' in
accordance with section 64 of the Act.

A Councillor may request an application to be determined at a Council meeting. The request shall
be made to Chief Executive Officer, with the request to be made before the decision stage
commences.




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