2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     9 MARCH 2021


6     REPORTS FOR NOTING BY THE COMMITTEE

9     PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
Author               Development Assessment Manager, Kerri Coyle
                     Environment and Sustainable Development
Index                ECM / Subject/ 17.26 – All Applications

Attachments          Nil

EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Development Assessment Manager to the Planning and
Environment Committee Meeting dated 9 March 2021 regarding planning applications that have
been decided by delegated authority.

REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
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.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
The following applications were decided by delegated authority during the month of January 2021
(excluding applications seeking to remove a tree(s) adjacent to a building or structure):
 1.     Application No.:       DBW20/0028
        Application Type:      Building Works - Code
        Applicant:             Adriana & Robert Hoffman
        Registered Plan:       Lot 2 RP 135676
        Location:              46 Fig Tree Lane, Lake Macdonald

        Proposal:              Studio in Riparian Buffer Area
        Decision:              Refused
        Decision Date:         15/01/2021

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