2017-06-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                      6 JUNE 2017


     5                   DELEGATIONS FOR PLANNING ACT 2016
DOCUMENT INFORM AT ION




Author                              Manager, Planning & Environment, Kerri Coyle
                                    Planning & Infrastructure Department

Index                               ECM / Governance & Executive / Delegation of Authority

Attachments                         1.   New Delegations of Authority: Planning Act 2016


EXECUTIVE SUMMARY
The purpose of this report is to review the current planning delegations ready for commencement
of the Planning Act 2016 on 3 July 2017.

RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 6 June 2017, and

A.                       Pursuant to section 257 of the Local Government Act 2009, agree to delegate the powers
                         for the Planning Act 2016 as detailed in Attachment 1;
B.                       Note that a Special Meeting of Council will be held for those code assessable applications
                         where the proposed development is of significant community interest.


REPORT
1.                       Background

Delegations are the process by which the Council delegates local government powers under
relevant legislation to implement and enforce legislation, standards and requirements.

‘Delegation’ to the Chief Executive Officer and council officers will ensure actions undertaken by
council are compliant with State Government legislative requirements. These powers must be
exercised subject to any applicable criteria and procedures detailed in the delegations.

The development or amendment of delegations does not require community consultation as they
are purely an administrative process that provides the Chief Executive Officer with the necessary
authority under the various Acts.

Section 257 (Delegation by the Local Government) of the Local Government Act 2009 allows, by
resolution, a local government to delegate its powers under the local government Act to the
Mayor, CEO, a standing committee or a joint standing committee.

Section 259 (Delegation by the Chief Executive Officer) of the Local Government Act 2009 allows
the Chief Executive Officer of a local government to delegate the Chief Executive Officer’s
powers (including powers delegated to the Chief Executive Officer by the local government) to
another employee of the local government.

2.                       Planning Act 2016

On the 3 July 2017 the new Planning Act 2016 will replace the Sustainable Planning Act 2009.
The subordinate legislation for the Sustainable Planning Act 2009 will also be replaced by new
planning regulations. It is therefore appropriate for Council to review its delegations and ensure
they align with this new legislation.

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