2014-02-25 Planning & Organisation Committee Meeting Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 FEBRUARY 2014




                                                       Page 19 of 92

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                         25 FEBRUARY 2014

                                                                         Delegation No: 2014-35
 7.      To exercise the powers of the local government under Chapter 10 (Transitional Provisions)
         of the Act.
8.       To exercise the powers of the local government under the Loca/ Government Act 2009,
         including but not limited to the following:
         (a)   act for the local government in legal proceedings including the authority to:
               (i) | give instructions and act as the authorised agent for the local government; and
               (ii) sign all documents for the local government.
 Delegation Criteria:
9.       The delegated officer may exercise the powers of the local govemment under the Act for
         an application other than the following:
         (a)     an application for a preliminary approval mentioned in section 242 of the Act to
                 vary the effect of the planning scheme ;
         (b)     the approval for a proposed development where there is substantial non-
                 compliance with a stated policy of the council or a high order provision of the
                 planning scheme being a desired environmental outcome, or an overall outcome of
                 a code;
         (Cc)    the refusal of any development application where council is the assessment
                 manager,
         (d)     requests, including Negotiated Decision requests, to change or cancel conditions
                 that were imposed by Council at an Ordinary Meeting;
         (e)     an application for a proposed development of significant community interest;
 10.     However, even if paragraphs 9 (a) or (€) above apply, the delegated officer may exercise
         the powers of the local govemment under the Act for an application where:-
         (a)      the application has the potential for “deemed approval” in accordance with
                 sections 330-331 of the Act.; and
         (b)     the application is for Operational Works for clearing vegetation.
 Delegation Administrative Procedure:
 11.     This delegation is to be exercised in accordance with the relevant Acts.
 12.     The extent of authority is in accordance with the delegated criteria where stated.
 13.     The delegated officer shall cause a register to be kept of all instances of where this
         delegation has been exercised.
 14.     The following procedure is to be undertaken for this delegation:
         (a)   The policies of the council must be complied with and in particular any policy related
               to entering into an infrastructure agreement in accordance with the power delegated
               in paragraph 4(e) of this delegation.

                                                                                 Page 19 of 92