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

                                                                                    ATTACHMENT 1

 DELEGATION OF AUTHORITY
 TITLE: PLANNING ACT 2016

 Delegation by the Council to:                                     Date:
 Chief Executive Officer

 Source of Authority:
 Local Government Act 2009 - Section 257
 Planning Act 2016
 Planning Regulation 2017
 Development Assessment Rules



Delegated Power:
1.   To exercise the Council’s powers pursuant to the Planning Act 2016 (Act).

 DESCRIPTION OF POWER DELEGATED                                                LEGISLATION
 Power to decide whether or not to agree to a superseded planning Section 29
 scheme request and give notice of the decision.
 Power to give an exemption certificate for the development. For Section 46
 avoidance of doubt, the power delegated includes the power to take all
 actions as detailed in section 46.
 Power to act as the “assessment manager” for all development                  Sections 48, 51, 53,
 applications, change representations, cancellation applications and           54, 59, 60, 61, 62, 63,
 extension applications received by Council under Chapter 3 of the             64, 65, 67, 71, 75, 76,
 Planning Act 2016. For avoidance of doubt, the power delegated includes       84, 85, 86, 87, 93,
 the power to take all actions of an assessment manager and consider all       100, 101, 105, 107
 matters as detailed in sections 48, 51, 53, 54, 59, 60, 61, 62, 63, 64, 65,   and 109
 67, 71, 76, 84, 85, 86, 87, 93 100, 101, 105, 107 and 109 of the Planning
 Act 2016.
 Power, as the owner of premises, to give written consent to the making of Section 51(2)
 the development application.
 Power to act as a “referral agency” for all development applications and Sections 46, 54, 55,
 cancellation applications received by Council as a referral agency under 56, 57, 65, 66, 67, 84,
 Chapter 3 of the Planning Act 2016. For avoidance of doubt, the power 85 100, 107 and 109
 delegated includes the power to take all actions of a referral agency and
 consider all matters as detailed in sections 46, 54, 55, 56, 57, 65, 66, 67,
 84, 85, 100, 107 and 109 of the Planning Act 2016.
 Power to consult with the Minister about making or amending the Section 64(9)
 instrument mentioned in subsection (8)(c).
 Power to act as a “responsible entity” for all change applications received Sections 79, 80, 81,
 by Council as a responsible entity under Chapter 3 of the Planning Act 82, 83, 93 and 100,
 2016. For avoidance of doubt, the power delegated includes the power 105, 107 and 109
 to take all actions of a responsible entity and consider all matters as
 detailed in sections 79, 80, 81, 82, 83, 93, 100, 105, 107 and 109 of the
 Planning Act 2016.


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