2019-05-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 MAY 2019


 introducing a new sign type and criteria for prize home directional signs with a maximum of 6
   signs, no more than 3km from prize home for the duration of the competition.
 other minor changes for clarification purposes and additional criteria dealing with design and
   amenity.
5.   Implementation
The proposed local law will be implemented in stages to enable a transition for businesses and
allow time for the compliance audit to be completed.
Stage 1 at commencement of local law
The proposed local law is not retrospective with regard to permanent advertising devices
currently regulated under The Noosa Plan. In this regard, existing lawful permanent advertising
devices that comply with current requirements of The Noosa Plan will continue to be lawful under
the proposed local law.
However, temporary advertising devices currently regulated under a local law now proposed as
prohibited signs, being tear drop flags, A frame sandwich boards and real-estate pointer signs,
will be prohibited at the date of commencement of the proposed local law. However, a 6-month
reprieve on enforcing this prohibition will allow businesses time to remove these sign types.
At the date of commencement of the new local law, new advertising signs will be subject to the
provisions of the local law.
Stage 2 (expected to commence following finalisation of the audit mid 2020):
The signs audit and register is expected to be finalised mid-2020. Following this, existing
businesses with sign types requiring approval under the proposed local law (ie. wall, window,
pylon, pole, freestanding and illuminated signs) will be issued an automatic approval licence with
12 months validity. The approval licence will be issued to businesses who have been shown to
comply with existing requirements free of charge and without application.
Following a 12 month period, annual licence renewals will be issued to those businesses and first
renewal payments will commence in 2021.
6.   Statutory process
State consultation
The proposed amendments to Local Law No. 1 (Administration) 2015 requires state interest
review for a 4 week period prior to public notification. Public notification will commence following
receipt and review of state comments.
Public Interest Test Plan
The new local law contains anti-competitive provisions requiring compliance with the procedures
under section 15 of the Local Government Regulation 2012 and the National Competition Policy.
A list of likely anti-competitive provisions has been compiled in Attachment 4 requiring a Public
Interest Test Plan and Report be prepared.
Council is obligated to consider these anti-competitive provisions during the local law making
process in relation to the public interest. For example, it needs to be formally identified whether
there are advantages in the public interest that on balance, outweigh the anticompetitive
elements of the proposed provisions. The outcome of this review will be presented to Council
following the public consultation process.
The public interest test report is the document where the results of the public interest test are
reported. It summarises the assessment of costs and benefits and presents the information in a
format that allows Council to determine whether there is a net community benefit in retaining the
restriction on competition (ie. retaining the anti-competitive provisions). This will be reported to
Council following public consultation.



                                                                                     Page 24 of 63