2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 2 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT UPDATED

 DESCRIPTION OF POWER DELEGATED                                                                  LEGISLATION

 Power, as an assessment manager or as a concurrence agency for the                              Sections 35.1 and 35.2
 application, to give further advice about the application to the applicant,
 including how the applicant may change the application.
 Power, as an assessment manager, to give a notice to the applicant                              Section 38.2
 extending the decision period until a day no later than 10 days after the
 end of the caretaker period.

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.


1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.




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