2014-09-25 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                  25 SEPTEMBER 2014


5   PLANNING & DEVELOPMENT BILL 2014 AND PLANNING & ENVIRONMENT COURT
    BILL 2014
    That Council note the report by the Manager, Planning & Environment and Strategic
    Planner to the Planning & Organisation Committee Meeting dated 16 September 2014 and
    request the Chief Executive Officer to make a submission to the draft Planning and
    Development Bill 2014 and Planning and Environment Court Bill 2014 generally seeking
    that:-
    A.   The Department of State Development, Infrastructure and Planning undertake
         consultation on the draft Planning and Development Regulations and Guidelines
         where much of the practical impacts of the legislation changes for the community,
         development industry and local governments will be located;
    B.   Local governments and their communities should continue to retain the ability to
         decide through their planning schemes which developments will be required to be
         publicly notified and have third party appeal rights;
    C.   Where an application conflicts with the planning scheme, the onus of proof should be
         on the applicant to prove the merits of the proposal and justify the inconsistency
         rather than what appears to be an onus on the assessment manager to prove that the
         intent of the planning scheme should be upheld;
    D.   Section 89 of the Planning and Development Bill 2014 be amended to remove the
         requirement for local governments to provide a notice to applicants and owners that
         their approval will lapse, as this should be the responsibility for applicants and owners
         to monitor;
    E.   A time limit requirement be included for Conversion Applications and Offset
         Establishment Cost review requests to be made and undertaken during the period for
         a Negotiated Decision Notice to reduce uncertainty for local governments;
    F.   An allowance be included for Local Governments to index all Infrastructure Charges
         from a set base date in accordance with the applicable index to address increasing
         infrastructure costs;
    G.   Councils should have the ability to issue an Infrastructure Charges Notice for minor
         changes to development approvals issued prior to 1 July 2011 that involve an
         increase to the intensity of the development and for extensions to the currency
         period; and
    H.   Provide within the P&D Bill the ability for local government planning schemes to also
         apply to assessment of uses within the local government tidal area/river lease areas
         to support improved management of marine activities and address potential impacts
         on adjacent foreshores and uses.



6   ADVERTISING EXPENDITURE POLICY REPORT
    That Council note the report by the Director Corporate Services to the Planning &
    Organisation Committee Meeting dated 16 September 2014 and:

    A.   Rescind the existing Advertising Expenditure policy that transferred to Council from
         the Sunshine Coast Regional Council under the Local Government (De-
         amalgamation Implementation) Regulation 2013; and

    B.   Adopt the new Advertising Expenditure Policy provided in Attachment 1 to the report.




                                                                                   Page 18 of 27