Agenda - Byron Shire Council - NSW Government

BYRON SHIRE COUNCIL
ORDINARY MEETING 9 MAY 2013 (64)
under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
This could further reduce Development Applications with SEPP No.1 variations.
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The Director General considered the reporting of boundary adjustment variations where there has
been a variation in standards of greater than 10% under SEPP No.1 to be determined by full
council should be maintained.
There is no statutory requirement for determination of Development Applications with State
Environmental Planning Policy No 1 variations by full council. As the majority of SEPP No.1
variations relate to realignment of lot boundaries (lot sizes), it is recommend that all Development
Applications with a State Environmental Planning Policy No 1 variation be determined by the
General Manager or sub-delegated staff member. All Development Applications with SEPP No.1
variations will be reported quarterly and be publicly available on-line to ensure transparency of
these determinations whilst streamlining the determination process.
A review of other development assessment matters required to be determined by the elected
Council has noted that the following types of development could be streamlined by delegation to
the General Manager.
1. Development Applications for strata subdivision in a 7(f2)(Urban Coastal Land Zone) under
clause 32 of the BLEP (Res 09-962).
2. Development Applications with an estimated value not exceeding $3 million dollars or any
subdivision not exceeding 20 lots. Note: Developments from $1,750,000 to $3,000,000 are
required to be reported to the Planning Review Committee (Res 10-668(3)).
As per the “Revised Council Meeting Schedule for 2013” report, being provided to this meeting of
Council, the Planning Review Committee is proposed to be phased out by August 2013. A review
of the criteria for the consideration of Development Applications to be determined directly by
Council has been recommended to occur.
To ensure that the streamlining of the holistic development reporting process can occur, a set of
criteria / guidelines detailing which Development Applications are determined by the elected
Council are to be developed.
The preparation of the guidelines will have to consider that Councillor’s time is a valuable and
limited resource so that only major developments having potential for significant community impact
should be determined by full council. Major developments have been considered as Development
Applications with an estimated value exceeding $5 million or any subdivision exceeding 40 lots.
Additionally Section 377 of the Local Government Act 1993 specifies functions the Council can not
delegate in relation to development assessments being:
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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
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The reporting of smaller significant developments to Council may still occur where in the opinion of
the General Manager or the Executive Manager, using professional judgement and considering the
merits of the development, it is deemed necessary and appropriate.
Financial Implications
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There would be a saving in both Councillor and staff resources by reducing the number of
development applications determined by Council.
The estimated staff hours for the preparation of this report was approximately 15 hours
Ordinary Meeting Agenda 09/05/13