2016-02-02 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                         2 FEBRUARY 2016


 Carry out enforcement of the signage requirements where education and negotiation has
   been unsuccessful in achieving compliance with the signage requirements. Prior to
   commencing any enforcement action, a number of opportunities would be provided to
   the operator to discuss with officers what is required to comply with the signage
   requirements and why the action is necessary and a reasonable time to address the
   matter.
It is anticipated that these actions would take a minimum of 2 years to complete by one full
time officer and require input by other officers in the DA Planning team.
This option is likely to result in a significant improvement in the current situation and be
reasonably effective for some time, but in the long term if signage is not continuously
proactively regulated the creep of excessive signage is likely to continue.

Option 3. Ongoing Regulation and Amendment to Local Laws
 All of the above actions outlined in Option 2.
 To effectively regulate signage into the future it is anticipated that a 0.5EFT would be
   required on an ongoing basis.
 Re-introduce a registration process for signage under the Local Laws. This would
   require amendment to the current Local Laws, take 3 to 6 months to complete, and could
   be applied to signage currently regulated both by the Local Law and The Noosa Plan.
   Amendment to the Local Law would require community consultation and be subject to
   submissions and feedback from the community.
Prior to 2008 signage was more effectively regulated through a registration process under a
Local Law, wherein an annual fee was charged for signage on the basis of a sliding scale
fee (i.e. fee increased as the amount of signage increased), with some minor types of
signage excluded (i.e. such as signs for home-based businesses). This enabled Council to
maintain signage records for each business, including details of the number, size and
general description of signs, and conduct annual inspections. At the time over 450 signs
were registered, with the average cost per business for registration of signs being
approximately $200 per annum.
A legal opinion was recently provided by King and Company at no charge to Council as part
of Council’s LGAQ membership entitlements. The legal opinion provided outlined the legal
context and requirements should Council in the future wish to amend its Local Laws to
require the registration of signage within the Shire. The advice received confirms the Local
Laws cannot duplicate a development process under the Sustainable Planning Act 2009
(SPA) but that “…there is scope for Council to make a local law dealing with the ongoing use
and management of advertising devices that were installed pursuant to an approval given
under the SPA provided that the specific subject matter of the local law is not covered by
Council’s planning scheme…”. Further “…Council is entitled to make a local law that
requires a person responsible for the display of an advertising device (whether installed
pursuant to an approval under the SPA or Local Law No. 1) to apply to register their device
on a Council maintained register, on the basis the requirement appears to relate to ongoing
use, rather than development…”.
The advice received does caution that there are some limitations on what matters can be
included in the local laws, as compliance inspection activities must fall within the scope of
cost-recovery fees and relate to the local law requirements.
Option 3 is likely to be the most effective in the ongoing regulation of signage in the Shire
and address the creep of excessive signage into the future.




                                                                                   Page 38 of 81