2016-07-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    12 JULY 2016


1.   Background Information - Legislative changes

Local government infrastructure planning and infrastructure charging has been subjected to
continual legislative change since 1997 to the present day. At the first Ordinary Meeting on 2
January 2014 of the newly re-formed Noosa Council, report item 6.7 Infrastructure Charges
Resolutions and Policies provided some background information on these legislative changes. A
summary together with additional information on the further legislative changes that occurred
after January 2014 is provided for Council’s information as follows:
   Prior to 1997, conditions were generally imposed on development approvals requiring
     specific works or monetary contributions as assessed at the time by Council or through
     local planning policies and/or headworks policies in relation to water supply and sewerage.
   The “Integrated Planning Act 1997” (IPA) introduced requirements for:
     o     Planning Scheme Policies (PSPs) that required a Schedule 3 planning scheme
           process that included public consultation prior to formal adoption by Council. These
           PSPs specified the amounts, method and applicable areas in which development
           were to contribute to the specified infrastructure networks. Conditions contained in
           development approvals for Material Change of Use and Reconfiguring a Lot
           applications specified compliance with the PSPs along with other reasonable and
           relevant requirements such as development frontage works or connection works
           networks. These PSPs did not require highly detailed network planning with itemised
           infrastructure components and costs.
     o     The IPA legislation also brought in Infrastructure Charges Plans (ICPs) for “trunk”
           infrastructure networks with the intent to eventually replace all former contribution
           schemes towards infrastructure including PSPs. These plans were required to
           undergo the full Schedule 1 planning scheme process involving first and second
           State Interest Reviews in addition to public consultation before final adoption and
           gazettal by Council. These ICPs were specific to a particular network and catchment
           area and entailed detailed infrastructure planning and costing to meet desired
           standards with charges determined across projected development.
           Noosa Council was the only local government to have an ICP approved by the State
           Government, adopted and implemented in Queensland being the Noosa “Coastal
           Major Road Network Infrastructure Charges Plan” (CMRNICP) that commenced in
           June 2004.
           In contrast to PSPs issued through conditions contained in development approvals,
           infrastructure charges are issued through separate charge notices when triggered by
           a development approval for Material Change of Use, Reconfiguring a lot and also
           Building Works and apply as a “rate” against the property for recovery purposes
           under the legislation.
   In September 2004, amendments to IPA legislation saw the introduction of Priority
     Infrastructure Plans (PIPs) which included Infrastructure Charges Schedules (ICSs) as the
     proposed new infrastructure charging mechanism. These plans were also required to
     undergo the full Schedule 1 planning scheme process with the ICSs requiring additional
     review and scrutiny by the Queensland Competition Authority (QCA).
     The PIP includes all networks and catchments, introduced a new concept of a Priority
     Infrastructure Area (PIA), required detailed planning and costing of both existing and future
     infrastructure with infrastructure charges schedules for each network and catchment
     determined according to their total infrastructure cost (existing plus future) across total
     development demand projections. The Noosa PIP and ICS’s underwent the full QCA and
     first State Government Interest review during 2008 to 2009 resulting in only minor changes
     being required and implemented.



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