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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 195 of 211

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                                 28 APRIL 2015

                                                    pedestrian traffic.                                              during the community consultation
                                        (b) Another approval required for the prescribed                             process in relation to this provision.
                                            under   an  Act   has   been   suspended    or
                                            cancelled;
                                        (c) In undertaking the prescribed activity, the
                                            approval holder has failed to comply with a
                                            local law or an Act;
                                        (d) The approval holder has failed to comply with
                                            a condition of the approval;
                                        (e) The approval holder has failed to comply with
                                            a notice under sections 26 or 27 that relates to
                                            the conduct of the prescribed activity or has
                                            failed to comply with a stop order under
                                            section 29;
                                        (f) The approval was granted       because of a
                                            document    or  representation   that  was   -
                                            (i) false or misleading; or
                                            (ii) Obtained or made in another improper
                                            way.
                                    Section 19 provides that a local government may                              In relation to $19, the action to suspend an
                                    immediately suspend an approval if the local                                 approval immediately is warranted and can
                                    government believes that continuation of the                                 only occur in the presence of an urgent and
                                    prescribed activity by the approval holder poses —                           serious risk.
                                        (a) An urgent and serious threat to public health
                                            or safety; or
                                        (b) An urgent and serious risk of environmental
                                            harm, property damage or loss of amenity.
                                    The proposed Subordinate Local Law No 1 sets out        Partially on the     It is considered that the anti-competitive     No
                                    for each of the relevant prescribed activities the      grounds that the     impacts resulting from the provisions in the
                Noosa Shire         following detail:                                       purpose of some      proposed Subordinate Local Law No 1 are
               Council                  1.  The related activities, which do not require    of the provisions    not significant on the following grounds:
                Subordinate                 approval under the authorising local law.       is:
                Local Law No. 1         2.  Documents and materials that must               1.  To ensure that | 1. All applicants will be treated equally and
                (Administration)            accompany applications for approval.                the public       applications are to be assessed in a uniform
                2015                    3.  The criteria for the granting of approval by the    health and       manner.
                                            local government.                                   safety           2.The purpose of the provisions is to ensure
                                        4.  Conditions that must be imposed on                  standards are | health and safety, community standards and
                                                                                                                                                                         8

                                                                                                               Page 195 of 211
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