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 the owner of land, to give written consent to the cancellation Section 84(3)(b)(i)
application.
Power, as a public utility, to give written consent to the cancellation Section 84(3)(b)(iii)
application.
Power, as the owner of land, to give written consent to the extension Section 86(2)(b)(ii)
application
Power to act as an “affected entity” for all change applications received Section 80
by Council as an affected entity under Chapter 3 of the Planning Act 2016.
For avoidance of doubt, the power delegated includes the power to take
all actions of an affected entity and consider all matters as detailed in
section 80 of the Planning Act 2016.
Power to comply with a direction given by the Minister.                    Section 93(2)
Power, as the decision-maker, to give the Minister reasonable help.        Section 105(3)
Power to carry out the steps required after making a charges resolution.   Section 118
Power to give an infrastructure charges notice. For avoidance of doubt, Sections 119, 120,
the power delegated includes the power to take all actions and consider 121 and 129
all matters as detailed in sections 119, 120, 121 and 129.
Power, as a local government that gave an infrastructure charges notice, Section 123
to agree with the recipient about:-
a) whether the levied charge may be paid other than as required under
    section 122, including whether it may be paid by instalments; and/or
b) whether infrastructure may be provided instead of paying all or part of
    the levied charge.
Power, as a local government, to consider representations made on an Section 125
infrastructure charges notice and, issue a negotiated notice or give a
decision notice.
Power, as a local government with a LGIP that identifies adequate trunk Section 128(1)
infrastructure to service the subject premises, to impose a development
condition requiring either or both of the following to be provided at a stated
time:
a) the identified infrastructure; and/or
b) different trunk infrastructure delivering the same desired standard of
    service.
Power, as a local government with a LGIP that does not identify adequate Section 128(2)
trunk infrastructure to service the subject premises, to impose a
development condition requiring development infrastructure necessary to
service the premises to be provided at a stated time.
Power in the circumstances referred to in subsection (1) to, by notice Section 137
given to the applicant, amend the infrastructure charges notice.
Power, as a local government, to agree with an applicant that a levied Section 144(2)
charge, for the purpose of its recovery, is not taken to be rates.
Power, as a local government, to impose a development condition about Section 145
non-trunk infrastructure.
Power, as a local government, to enter an infrastructure agreement. For Chapter 4, Part 4
avoidance of doubt, the power delegated includes the power to take all
actions and consider all matters as detailed in Chapter 4, Part 4.
Power, as an enforcement authority, to give a show cause notice.           Section 167
Power, as an enforcement authority, to give an enforcement notice.         Section 168
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