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2015-04-28 Planning and Organisation Committee Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




                                                   Page 191 of 211

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                     28 APRIL 2015

                  3.  The intensity of the potential impact on affected businesses.
                  4.  Whether particular businesses will incur a disproportionate impact.
                  5.  The duration of the impact.
              4. Outcome of preliminary assessment
               No significant impacts identified
               If it is determined by the local government that there are no significant impacts from the anti-
               competitive provisions, the local government is not required to undertake any further review
               of the anti-competitive provisions but must notify the community of the existence of the anti-
               competitive provision when making the local law.
               It is noted that in accordance with the assessment table commencing at page 5 (below),
               none of the identified anti-competitive provisions are considered significant in terms of
               potential impact on business to warrant a comprehensive public benefit review. The reasons
              for this determination are as follows:

               1.     Only one submission was received relating to an anti-competitive provision during the
                      public consultation period, and this submission was regarding the following proposed
                      prohibited advertising devices LED lit signage and signage such as bunting, which
                      can move in the wind. It is noted that the relevant proposed local law permits
                      business to have other signage, including some signage, which does not require an
                      application to be made to Council. Accordingly, it is not considered that the intensity
                      of  impact   on   business    caused   by   this  submission    is  not. significant.

              2.      Any potentially anti-competitive provisions contained with proposed local law No 2
                      (Animal Management) and proposed subordinate local law No 2, are excluded from
                      assessment on the grounds that the laws are to ensure accepted public health and
                      safety standards are met.
               3.     The assessed probability of impacts on business relating to the other identified anti-
                      competitive provisions in the proposed local laws is considered low. It is important to
                      note that the intent of the provisions is to ensure expected community standards are
                      adhered to.

               3.     No particular business will incur a disproportionate impact from the provisions and all
                      businesses across the Shire will be treated the same.

               6. Notification

               In light of the assessment of anti-competitive provisions in the proposed local laws and
               subordinate local laws, if the laws are endorsed by Council as recommended, Noosa Council
               must note in the minutes that the relevant laws contain anti-competitive provisions.

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                                                                                                    Page 191 of 211
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