Agenda - Byron Shire Council - NSW Government

BYRON SHIRE COUNCIL
ORDINARY MEETING 9 MAY 2013 (93)
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Report No. 12.19. Section 64 Developer Charges Policy
Executive Manager: Water and Recycling
Report Author: Phil Warner, Executive Manager Water and Recycling
File No:
#E2013/23733
Theme:
Community Infrastructure
Summary:
In March Council considered the recommendations of the 21 February
meeting of the Water, Waste and Sewer Advisory Committee and one of
the resolutions was in part:
4. That Council receive a report on the option of implementing a policy
mechanism for lessee change of use development applications that
would allow delayed timing for obtaining a certificate of compliance
pursuant to legislation and ensure that any consent would lapse if the
certificate is not obtained within the timeframe.
The purpose of this report is to address point 4 of the resolution and
present to Council an option for lessee change of use development
applications.
RECOMMENDATION:
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That Council change the Local Approvals Policy to allow a condition of DA consent such
that a proponent who is a lessee seeking a change of use approval, is granted a period of
time of up to two years in which to obtain a section 307 certificate and pay the associated
section 64 water and sewer charges by instalments (this provision does not apply to
section 64 Rous Water charges).
Attachments:
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Legal advice dated 24 January 2013 #E2013/24939 [4 pages]............................................Annexure 13(a)
Legal advice dated 8 April 2013 #E2013/24938 [2 pages] .................................................. Annexure 13(b)
Ordinary Meeting Agenda 09/05/13