2017-06-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      6 JUNE 2017


“A development approval is not required for assessable development on premises if there is an
exemption certificate for the development”.
The Planning Act 2016 provides that Council may give an exemption certificate if:
(a)   for development for which there is a referral agency—each referral agency has agreed in
      writing to the exemption certificate being given; and
(b)   any of the following apply—
      (i)     the effects of the development would be minor or inconsequential, considering the
              circumstances under which the development was categorised as assessable
              development;
      (ii)    the development was categorised as assessable development only because of
              particular circumstances that no longer apply;
      (iii)   the development was categorised as assessable development because of an error.
The exemption certificate attaches to the premises, similar to development approvals, has effect
for 2 years after it was given and may state a period in which the development must be
completed.
This is a new concept and based on the Act’s limitations is likely to have very few applications in
Noosa. However, from time to time development applications are received and decided by
officers where an exemption certificate would meet at least one of the above circumstances.
Examples include applications where there are some inaccuracies in the Overlay Mapping,
particularly the Biodiversity Overlay or for minor extensions to a detached house in a riparian
buffer where there is no vegetation required to be cleared for the extension.
Notably, the delegations for the Sustainable Planning Act 2009 and subordinate legislation will
need to remain in place until those applications lodged under this Act are finalised.

Previous Council Consideration
Not Applicable

Finance & Risk

Operationally, if delegations are not current or officers operate outside of their delegated
authority, relevant decisions made and action taken may be considered unauthorised and subject
to legal challenge. This may expose Council to the risk of unnecessary and expensive legal
action by third parties and reputational damage.

All of Council’s delegations contain the following conditions to manage the risk of Officers acting
beyond the appropriate delegated authority:

“1.   The delegated officer must exercise this delegation in accordance with Council resolutions,
      policies, guidelines, procedures, industrial instruments and agreements.
2.    If the CEO on delegates any of these powers the delegated officer must exercise any
      delegated power in accordance with the scope and limitations of the subject officer’s letter
      of appointment and/or, position description, qualifications, technical knowledge and
      legislative requirements.”

Consultation

External Consultation - Community & Stakeholder
The Governance Branch consults with the Principal Advisor of LGAQ in relation to delegation
matters as required.



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