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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 196 of 211

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                                28 APRIL 2015

                                            approvals.                                         met; or          expectations are upheld at all times.
                                        5.  Term of approval.                              2.  To provide       3. No issues were raised by the community
                                        6.  Term of renewal of approval.                       solely internal | during the community consultation process in
                                                                                               administrative | relation to the potential anti-competitive
                                    At a broad level and in accordance with the guideline,     procedures of | provisions contained within the proposed
                                    the above detail creates a barrier to businesses           local            Subordinate Local Law No 1.
                                    entering the market wishing to conduct any of the          government.
                                    prescribed activities.
                Noosa Shire         Pursuant to schedule 1 of the proposed local law, it is                     It is considered that the anti-competitive
               Council              prohibited (among other things) to:                                         impacts resulting from the provisions in the
                Subordinate                                                                                     proposed Subordinate Local Law No 4 are
                Local Law No.4      1.  ‘Tout for business in all local government                              not significant on the following grounds:
                (Local                  controlled parks, reserves and roads within the
                Government              local government area. Essentially, this provision                      1.  No issues were raised by the community
                Controlled Areas,       restricts business in the community from                                    during the community consultation
                Facilities and          approaching people on the local government                                  process in relation to the potential anti-
                Roads) 2015             controlled area to sell their products or services.                         competitive provisions contained within
                                    2.  To park, stand or leave a vehicle where the                                 the proposed Subordinate Local Law No
                                        primary purpose is to display an advertising                                4.
                                        device. This provision is anti-competitive in the                       2.  The purpose of the provisions is to
                                        sense that it restricts a business ability to                               protect the look and feel of the Noosa
                                        advertise in the area.                                                      area in accordance with community
                                    3.  Offering goods and services for sale on all roads                           expectations.
                                        within the local government areas without
                                        approval of the local government. This provision is
                                        anti-competitive in the sense that it restricts a
                                        business to offer goods and services for sale ona
                                        road within the local government area.

                Noosa Shire         Schedule 1, Part 2 of the proposed local law provides                       It is acknowledged that a submission was
               Council              that a number of advertising devices (outlined below)                       received outlining that LED signage should
                Subordinate         are prohibited on local government controlled land or                       be permitted with limitations on how often the
                Local Law No.4      land where they can be viewed from a local                                  image changes as opposed to prohibited it
                (Local              government controlled area.                                                 entirely and that bunting and signage that
                Government                                                                                      moves in the wind be also permitted.
                Controlled Areas, | Prohibited devices:
                Facilities and      e   Animated signs. Any advertising device with                             Despite the above, it is not considered that
                                                                                                                                                                        9

                                                                                                              Page 196 of 211
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