2015-10-13 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                           13 OCTOBER 2015


The test for a minor change to a development approval has also been amended to remove
the requirement to consider whether a person may make a properly made submission
objecting to the change. Instead the test will be mainly limited to whether the proposed
change is for a substantially different development. This undesirably limits the ability for
communities to have input into development matters.

Establishment of the Development Tribunal

The Building and Development Dispute Resolution Committee is to be replaced by the
Development Tribunal. The Draft Bills establish the jurisdiction of the Development Tribunal
and Planning and Environment Court and sets out how appeals are commenced in each.
Under the draft Bill the number of matters a Development Tribunal may hear an appeal for
have expanded to now include:
    conditions of a development approval for a building classified under the Building Code
      as a class 2 building (multiple dwellings) and the premise is not more than 3 storey
      and 60 sole occupancy units.

Restricting the discretionary factors relevant to the awarding of costs in the Planning
and Environment Court.

The current discretionary cost provisions of the Sustainable Planning Act 2009 are to be
restricted and it is proposed that the concept of each party bearing their own costs in
Planning and Environment Court litigation be reintroduced. Parties will be liable for costs
where the proceedings have been initiated for an improper purpose or are considered to be
vexatious or frivolous.

Compensation provisions for planning scheme changes for managing natural hazard
risks

The compensation provisions for managing risks associated with natural hazards have been
removed in place of changes that provide for compensation to be based upon certain criteria
being met before a council would be liable.

Provisions relating to Infrastructure Charges

A number of matters have been identified by the Infrastructure Assessment Coordinator
relating to the Draft Bills provisions relating to Infrastructure Charges. These are outlined in
Attachment 1.

2.    Feedback Sought on Proposed Options

There are number of areas highlighted in the Planning Bill which the Government is seeking
feedback on, either comments or identification of a preferred option. These areas include:
    the advancing of the Draft Bills' purpose;
    local government compensation arrangements in relation to natural hazards;
    the terms to be used when classifying development;
    the decision rules related to standard/code assessment;
    a possible additional infrastructure provision; and
    transitional provisions.

These have been summarised in Attachment 2. It is suggested that Council’s submission
also address these areas broadly in line with the comments included in Attachment 2.




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