2020-10-06 P&E Agenda - Item 1 - Attachment 1 - Noosa Shire Council Charges Resolution (No.5.1) 2020

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                                         Noosa Shire Council
                                    Charges Resolution (No.5.1) 2020



13.3   Conversion application process

       (1)     An applicant may apply to the local government to convert non-trunk
               infrastructure to trunk infrastructure.
       (2)     The application must be made in writing within the required period (see clause
               139 of the Planning Act).
       (3)     The local government must, within the required period (see clause 140 of the
               Planning Act), decide the conversion application having regard to the criteria for
               deciding the application stated in section 13.6.
       (4)     At any time before deciding the conversion application, the local government may
               give a notice to the applicant requiring the applicant to give information that the
               local government reasonably needs to make the decision (see clause140 of the
               Planning Act for notice requirements).

13.4   Notice of decision

       (1)     As soon as practicable after deciding the conversion application, the local
               government must give the applicant notice of the decision.
       (2)     If the decision is not to convert non-trunk infrastructure to trunk infrastructure, the
               notice must be an information notice about the decision.
       (3)     If the decision is to convert non-trunk infrastructure to trunk infrastructure, the
               written notice must state:
               (a)      that the infrastructure is trunk infrastructure
               (b)      if the infrastructure will be conditioned as a necessary infrastructure
                        condition
               (c)      if an offset or refund applies
               (d)      if an offset or refund applies, the details of that offset or refund.

13.5   Effect of conversion application decision

       (1)     If the local government has decided to convert non-trunk infrastructure to trunk
               infrastructure, it may amend the development approval by imposing a necessary
               infrastructure condition for the trunk infrastructure.
       (2)     If a necessary infrastructure condition is imposed, the local government must give
               either an infrastructure charges notice or an amended infrastructure charges
               notice including details of the offset or refund.

13.6   Criteria for deciding a conversion application

       (1)     Each of the following criteria must be met for non-trunk infrastructure to be
               converted to trunk infrastructure :
               (a)      the infrastructure services development that is-
                        (i)     consistent with the assumptions about the type, scale, location or
                                timing of future development stated in the LGIP; and
                        (ii)    for premises completely inside the PIA.
               (b)      construction of the infrastructure has not yet started



                               Council Resolution effective 16 October 2020