Agenda - Byron Shire Council - NSW Government

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BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (62) 5 Report No. 12.11. PLANNING - Streamlining SEPP No 1 Variations determinations and reporting Executive Manager: Environment and Planning Report Author: Wayne Bertram, Manager Development Assessment and Certification File No: #E2012/12896 Theme: Ecology - Development Assessment Summary: In order to improve processing times and to move in the direction outlined in the :”White Paper” on Planning Reform and Local Government Reviews, Council should review delegations in relation to planning approvals. NOTE TO COUNCILLORS: 10 15 20 25 In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report. RECOMMENDATION: 1. That Council delegate to the General Manager the following development assessment matters previously required to be determined by the elected Council: a) Development Applications with an estimated value not exceeding $5 million or any subdivision not exceeding 40 lots b) Development Applications for strata subdivision in a 7f(2) Urban Coastal Land Zone under Clause 32 of the BLEP. (except any subdivision exceeding 40 lots) c) All Development Applications with State Environmental Planning Policy No 1 Variations (except when associated within Development Applications with an estimated value exceeding $5 million or any subdivision exceeding 40 lots). d) The amendment or review of all development applications, except: 30 (i) the review of a determination made by the Council, and not by a delegate of the Council, of an application for approval or an application that may be reviewed under Section 82A of the Environmental planning and Assessment Act 1979. 35 2. That Council receive a quarterly report on all Development Applications with State Environmental Planning Policy No 1 Variations that have been determined. Ordinary Meeting Agenda 09/05/13
BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (63) Report Council resolved at the Ordinary meeting held 27 September, 2012 the following: 5 10 15 20 25 30 35 40 45 50 55 Resolution 12/781 (2) “That a report be provided as to how the streamlining of State Environmental Planning Policy No 1 variation, reporting can occur. Coupled with this resolution is the direction of the “White Paper” on planning reform and the current Local Government Review which promote efficiency in process. Council had previously resolved to have all Development Applications with a State Environmental Planning Policy No 1 (SEPP No.1) variations 10% or greater determined by the elected Council. This requirement has increased the number of developments being determined by elected Council, which has also increased average reportable Development Application process times due to the lead time taken to prepare reports for council meetings. The average Development Application processing time for Development Applications reported to Council for the 2011/2012 reporting year was 188 days for the 32 applications determined. The Department of Planning and Infrastructure in Planning Circular PS 08-14 “Reporting variations to development standards” (PS 08-14) led to the adopted practice of reporting all determined Development Applications with a SEPP No.1 variation under 10% to the next available meeting and having the elected Council determine SEPP No.1 variations greater than 10%. Department of Planning and Infrastructure has also required the establishment of a register of all Development Applications with a SEPP No.1 determination. Such register has been developed and is publicly available with all Development Applications with a SEPP No.1 determination also published on Council’s website. It should be noted that after the adoption of the Draft Byron Local Environment Plan 2012, (being a Standard Instrument LEP), the requirements of SEPP No. 1 will no longer be applicable. Staff have written to the NSW Department of Planning and Infrastructure, providing solutions and seeking advice on how to reduce the number and the frequency of State Environmental Planning Policy No 1 (SEPP No.1) matters being reported to Council. On the 17 April 2013 the Director General of the NSW Department of Planning and Infrastructure agreed to Council’s request to vary the requirement in PS 08-14 by allowing Byron Shire Council to report on determined Development Applications with SEPP1 variations on a quarterly basis instead of at each council meeting. This will reduce the frequency of reporting of SEPP No.1 determined, in-line with the same requirements for reporting to Department of Planning and Infrastructure. As such it has been recommended that all (if any) SEPP No 1 variations be reported quarterly to Council. Council also requested advice on the approval of variations greater than 10% to development controls for the topmost floor level of the building set out in Clause 40(2) Height of Byron Local Environmental Plan 1988 without reporting these matters to the full Council. This clause is proposed to be excluded from the Draft Byron Local Environment Plan 2012 (Standard Instrument LEP). On the basis that Council is successfully progressing work on finalising its standard planning instrument, the Director General of the NSW Department of Planning and Infrastructure agreed to an exception to the requirement set out in PS 08-014 such that Development Applications involving a variation to Clause 40(2) of Byron LEP 1988 greater than 10% may be determined by the General Manager or a nominated staff member. The Director General of the NSW Department of Planning and Infrastructure also reminded Council that the minor realignment of lot boundaries can already be determined as exempt development Ordinary Meeting Agenda 09/05/13
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Agenda - Byron Shire Council - NSW Government

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