2023-01-16 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                16 JANUARY 2023


     imposed. Any impacts or complaints in the future can be addressed through the Local Law’s
     procedure for amending, suspending, or cancelling the approval or renewal of approval.
    The matters addressed by the conditions are regulated by other statutory instruments.
The applicant has also requested a review of the Refusal Notice issued submitting that:
    there is no mechanism which allows the Council to effectively decide an application twice
     and therefore the Refusal Notice is invalid; and
    as an Approval Notice was issued, the proper procedure under the Local Law was to amend,
     suspend or cancel the approval and in any event, there were no grounds that would warrant
     the amendment, suspension, or cancellation of the approval.
At the time of drafting this report, the request for a review of the Refusal Notice was being
considered by officers, with advice sought from Council’s planning solicitor.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections Consulted:

    Chief Executive Officer       Community Services                        Corporate Services
    Executive Officer             Director                                  Director
    Executive Support             Community Development                     Financial Services
                                  Community Facilities                      ICT
                                  Libraries & Galleries                     Procurement & Fleet
                                  Local Laws                                Property
                                  Waste & Environmental Health              Revenue Services

    Executive Services        x   Environment & Sustainable Development     Infrastructure Services
    Director                      Director                                  Director
    Community Engagement      x   Building & Plumbing Services              Asset Management
    Customer Service          x   Development Assessment                    Buildings and Facilities
    Governance                    Economic Development                      Civil Operations
    People and Culture            Environmental Services                    Disaster Management
                                  Strategic Land Use Planning               Infrastructure Planning,
                                                                            Design and Delivery




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