2014-03-03 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                   3 MARCH 2014


Process for Referral to Councillors

For those matters that can be determined under delegation, it is proposed that they be referred to
all Councillors by email before the exercise of that delegation, allowing 3 business days for a
Councillor to request the matter to be referred to a Council meeting instead of being considered
under delegation. This effectively provides a “call up” provision for Councillors to request that a
planning matter be referred to Council for determination rather than being determined under
delegation. The email to Councillors would include the officer report and proposal plans if
applicable. Matters identified as 1 to 5 in Part B of the recommendation would be referred directly
to a Council meeting for consideration.

This process will commence following Council’s Ordinary Meeting of 4 March 2014 and be
reviewed after 6 months. The delegations could then be further amended as appropriate based
on the experience of that trial period.

Delegation Instruments

The delegation instruments have been amended to address the identified grammatical and
consistency issues identified at the Planning & Organisation Committee on 25 February 2014.

RECOMMENDATION

That Council note the report by Coordinator, Development Assessment to the Planning &
Organisation Committee dated 25 February 2014, and the further report to the General
Committee Meeting dated 3 March 2014 and:
A.     Delegate to the Chief Executive Officer pursuant to section 257 of the Local Government
       Act 2009 the exercise of powers as contained in Attachment 1 to the report dated 3 March
       2014;
B.     Delegate to the Chief Executive Officer pursuant to section 257 of the Local Government
       Act 2009 the exercise of powers as contained in Attachments 2 & 3 to the report dated 3
       March 2014 under the Integrated Planning Act 1997 and Sustainable Planning Act 2009
       for applications other than the following:
       1.      an application for a preliminary approval mentioned in section 242 of the Act to
               vary the effect of the planning scheme;
       2.      the approval for a proposed development 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;
       3.      the refusal of any development application where Council is the assessment
               manager;
       4.      requests, including Negotiated Decision requests, to change or cancel conditions
               that were imposed by Council at an Ordinary or a Special Meeting; and
       5.         an application for a proposed development of significant community interest.
       However, the delegated officer may exercise the powers of the local government under
       the Act for an application where:-
       (i)     the application has the potential for “deemed approval” in accordance with
               sections 330-331 of the Act; and
       (ii)       the application is for Operational Works for clearing vegetation; and
C.     Repeal existing delegations that transferred to the Noosa Council from the Sunshine
       Coast Regional Council under the Local Government (De-amalgamation Implementation)
       Regulation as detailed in “2012-49 Planning Scheme - Development Control Plan 1
       (Kawana Waters)” and “2012-49 (v1) - Sustainable Planning Act - Master Plans”.


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