2017-06-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    6 JUNE 2017


The new delegation registers for the Planning Act 2016 have been provided by LGAQ for the
Planning Act 2016, and include:

1.   The Register of Delegations – Council to CEO; and
2.   The Register of Delegations – CEO to Employee.
These registers include all the powers identified by King & Company for LGAQ for the Planning
Act 2016. The register has been reviewed and revised by officers to align and reflect the current
delegations provided for the Sustainable Planning Act 2009. This means many of the powers
under the Planning Act 2016 will remain with Council such as amending/making new planning
schemes, Local Government Infrastructure Charges Plan, and deciding the more sensitive
development applications etc. Other powers will be delegated to officers consistent with current
practices.
Currently, the delegations for the Sustainable Planning Act 2009 require the following
applications to be decided at an Ordinary or Special Meeting of Council:
     a)    an application for a preliminary approval mentioned in section 242 of the Sustainable
           Planning Act 2009 to vary the effect of the planning scheme;
     b)    the approval of an application 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;
     c)    the refusal of any 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 or a Special Meeting;
     e)    and an application for a proposed development of significant community interest.
Applications of significant community interest may include development proposals for highly
prominent or environmentally sensitive sites such as Hastings Street, Gympie Terrace or
proposals on the Noosa North Shore; new developments in the business centres; prescribed tidal
works for commercial operations on the Noosa River; heritage sites; proposals of significant
construction value ($20 million) and applications attracting 20 opposing submissions.
There is also currently a specific delegation to officers to decide applications which have the
potential to be ‘deemed approved’. This includes code assessable applications if not decided
within the decision period stipulated by the Act. Under The Noosa Plan code assessable
applications typically include applications that are consistent with The Noosa Plan, such as
detached houses, duplex dwellings in areas zoned for duplexes; shops and offices in business
centre zones etc. Notably, impact assessable applications may be ‘deemed refused’ if not
decided within the Act’s time frames.
The delegations also provide for the ability for a Councillor to request an application to be
determined at a Council meeting. The request is to be made to Chief Executive Officer, with the
request to be made before the decision stage commences.
It is proposed to continue with similar delegations for development applications lodged under the
Planning Act 2016, with minor wording changes to reflect new terminology. Similarly, given the
shortened assessment time frames of the Planning Act 2016, it is important that applications
which have the potential to be ‘deemed approved’ continue to be delegated to officers to decide.
However, for those code assessable applications which have the potential to be ‘deemed
approved’ and are currently referred to Council for a decision it is proposed to hold a Special
Meeting of Council. Such applications in the past have included the proposed supermarket for
Cooroy, and some Operational Works application for prescribed tidal works along the Noosa
River.
The register also includes a new proposed delegation reflective of changes coming with the
Planning Act 2016. This is the power to give an ‘exemption certificate’ for development pursuant
to section 46 of the Planning Act 2016. Under the Planning Act 2016 -

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