2020-09-08 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                   8 SEPTEMBER 2020

                 DELEGATION OF AUTHORITY

                 TITLE:         PLANNING AND ENVIRONMENT COURT

                 Delegation by the Council to:                                     Date:
                 Chief Executive Officer

                 Source of Authority:
                 Local Government Act 2009 - Section 257
                 Planning and Environment Court Act 2016

               Delegated Power:
               2.   To exercise the powers of Council pursuant to the Planning and Environment Court Act
                    2016.

                 Power to start a declaratory proceeding.                                   Section 11(1)
                 Power, as the assessment manager, to start a declaratory proceeding for a | Section 12(2)
                 matter done, to be done or that should have been done in relation to the call
                 in.
                 Power, as a party to a P&E Court proceeding, to participate in an ADR process. | Section 16
                 Power, as a party, to confer with the ADR registrar about the way to conduct | Section 16(3)
                the P&E Court proceeding.
                 Power, as a party to a P&E Court proceeding, to agree to the resolution of all | Section 18(1)
                 or part of the dispute in an ADR process.
                 Power, as a party to a P&E Court proceeding who has agreed on resolution of | Section 18(1)
                the dispute, to sign the resolution agreement.
                 Power, as a party to a P&E Court proceeding, to apply to the P&E Court for an | Section 20(1)
                 order giving effect to an agreement reached as a result of an ADR process.
                 Power, as a party to a P&E Court proceeding, to agree to the ADR registrar Section 21(2)(a)
                 or mediator disclosing information acquired as part of the ADR process.
                 Power, as a party to a P&E Court proceeding for which the ADR registrar is | Section 26(2)
                 exercising, or has exercised, a power, to apply for a court review.
                 Power, as a party to a P&E Court proceeding, to consent in writing to the ADR |} Section 27(1)(a)
                 registrar making an order or direction in the proceeding.
                 Power to consent to a person starting a declaratory proceeding or a proceeding | Section 41(2)(a)
                 for an enforcement order under the Planning Act on behalf of Council.
                 Power to   pay the expenses,    including  legal costs, incurred  by the | Section 41(3)
                 representative in relation to the proceeding.
                 Power, as a party to a P&E Court proceeding, to appeal a decision in the   Section 63(1)
                 proceeding.
                 Power to apply to the Court of Appeal for leave to appeal.                 Section 64(1)

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