2014-08-19 Planning & Organisation Committee Agenda - Pages 1-101

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   19 AUGUST 2014


The amended Act provides that appeal rights exist for a decision which involve an error relating
to:
 the application of the relevant adopted charge
 the working out of the additional demand created by the proposed development, and
 an offset or refund;
 there is no decision made about an offset or refund;
 if an ICN specifies that a refund will be given, the timing for the giving of the refund; and
 in relation to the new conversion application process.
However, such appeals cannot be about:
 the adopted charge itself, or
 for a decision about an offset or refund:
      o    the establishment cost of infrastructure identified in an LGIP, or
      o    the cost of infrastructure decided using the method included in the Council’s charges
           resolution (where the method complies with the Minister’s Statutory guideline 03/14).

Appeals to the court may also be lodged against a building and development committee’s
decision but only relating to an error or mistake in law on the part of the committee, or that the
committee had no or exceeded its jurisdiction in making the decision.

12.       Infrastructure Agreements

The changes brought about by the amended Act for infrastructure agreements are largely
insignificant with the exception that a development approval condition can no longer require an
applicant to enter into an infrastructure agreement. The only other change is the requirement for
both Council and the relevant entity to negotiate the infrastructure agreement in good faith.

13.       State Infrastructure Providers

Local Function Charges on State controlled roads have now been removed from the legislation,
with a new provision included for a local government to reimburse a State infrastructure provider
if infrastructure is provided under a State-related condition and has replaced, or is to replace,
infrastructure, for which there has been, or is to be a levied charge by a local government and
provides the same desired standard of service as the replaced infrastructure.

With the exception of the above, the provisions relating to State infrastructure providers remain
largely unchanged and will continue to have powers to impose conditions on a development
approval about infrastructure and works to protect or maintain infrastructure operation.

14.       Distributor-Retailers

The amended Act also brings about a number of significant reforms to the South-East
Queensland Water (Distribution and Retail Restructuring) Act 2009 and Council has been briefed
in an earlier report by Planning & Environment, Manager in relation to the process changes
involved.

Previously, a charges apportionment agreement was required between Council and Unitywater
and this is maintained by the amended Act but translates to mean a breakup agreement for
adopted charges.


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