2016-07-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   12 JULY 2016


   The “Sustainable Planning Act 2009” (SPA) replaced the IPA legislation in December 2009
     and included provisions for the continuation of PSPs, ICPs, PIPs and ICSs in the interim.
   The introduction of the current Adopted Infrastructure Charges regime into SPA on 1 July
     2011 replaced all previous contributions and charges regimes applying to all new
     development approvals issued from that date. However, the requirement for all planning
     schemes to have a PIP within a specified timeframe remained but with the ICS component
     removed.
     The level of adopted charges became set through Council Resolutions and governed by
     the State Planning Regulatory Provision (adopted charges) setting the permissible
     maximums. This generally reduced development charging levels due to charges no longer
     being directly linked to the provision of infrastructure costs contained in the PIP.
     Complications arose in transitioning between the previous and current regimes for new
     development applications subsequent to previous approvals and extensions to relevant
     periods for existing approvals.
     The Noosa PIP details (along with the Maroochy and Caloundra PIPs) were initially
     incorporated into the Sunshine Coast Council’s (SCC) first Adopted Infrastructure Charges
     Resolution (AICR) dated 29 June 2011 in accordance with the legislative changes that
     came into force on 1 July 2011. The Noosa PIP was finally adopted and gazetted as a fully
     compliant PIP in August 2013 taking effect in the Noosa Plan planning scheme on 16
     September 2013. The SCC AICR was subsequently amended to remove the PIPs following
     their inclusion into the respective planning schemes.
   Further amendments to SPA commenced on 4 July 2014 which required amendments to
     Adopted Infrastructure Charges Resolutions to become Charges Resolutions and to
     include additional items relating to calculation of charges, automatic increase provision
     (indexation), offset and refunds, conversion applications and revaluing infrastructure.
     These changes were incorporated into the Noosa Charges Resolution (No 2) on 16
     February 2015 that remain current today.
     These SPA amendments also changed the infrastructure planning instrument required to
     form part of Council’s planning scheme from a PIP to a LGIP and to comply with the new
     Statutory Guideline 03/14 Local government infrastructure plans. Whilst Council’s current
     PIP is also a LGIP under the transitional provisions of SPA, an amendment of the PIP to
     LGIP must still be undertaken under the full schedule 1 planning scheme amendment
     process to comply with the new guideline by 1 July 2016.
     The legislative amendments and Statutory Guideline have basically reintroduced all the
     previous ICS detailed requirements under the former pre 2011 PIP requirements for full
     costing of existing and future infrastructure, development demand projections & catchment
     allocations which was previously only necessary to determine ICS charge rates. This now
     has no real purpose and should be obsolete under the current SPA adopted charges
     regime that sets the maximum charges and enables development the ability to request
     recalculation of establishment costs for offsets and refunds and for conversion applications
     to change non-trunk infrastructure to trunk infrastructure to gain offsets against charges.
     Also introduced, are new requirements for a detailed Schedule of Works model (SOW)
     provided by the State to be used in preparation of the LGIP which must also be available
     for viewing or downloading in Excel format on the local government website.
     In reality, there is basically no difference between a former PIP with ICSs and a new LGIP
     other than minor structural layout differences and where the bulk of the information now
     sits.
     Another additional requirement is for local government to engage and pay for an appointed
     reviewer to undertake a number of compliance review checks of the LGIP prior to
     proceeding to the Minister’s reviews.



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