State politics
Developers to sight conditions before Council decision

Developers will be given a draft set of conditions ahead of the Scenic Rim Regional Council’s decision on whether an application will be approved or refused.

Giving developers forward notice of the conditions which could be set on their development, should it be approved, will also include an outline on what they can expect to pay in Council infrastructure charges.

The policy and guidelines surrounding this move were given the go ahead  by Councillors at last week’s general meeting.

In an officer’s report tabled at the meeting, the reasoning behind the need for the policy was explained as: “It has been identified there is an opportunity to reduce the need for the Negotiated Decision Notice (NDN) process of development assessment.

“In most cases, applicants are seeking minor changes to conditions which do not change the overall effect of the approval.

“The changes may relate to potential oversights, omissions or clarifications by either the applicant or Council.

“Such matters can be easily resolved, however the formal NDN process involves fees, consultant costs, Council resources and delays to the project.”

The policy aims to pre-empt these delays and costs by giving the developer time to ask for changes before any decision is made.

The officer’s report further stated that the policy was … “designed to empower case officers to be open and transparent with applicants in regard to likely conditions, and to ensure Council’s conditions are appropriate, accurate and applicable.

“With regard to development applications requiring Council approval by resolution, this policy will not restrict Council’s role in deciding an application.”

However, draft conditions will not be issued if there is the likelihood that the development application will be refused.

The officer explained: “Refusal decisions are not taken lightly, and are subject to legal appeal.

“As such, prior discussion with applicants concerning Council’s formal reasons for refusal is not considered prudent.”

However, the issuing of draft conditions will be up to the discretion of the case officer.

“The provision of draft conditions will not always be required, particularly for simple development applications which attract standard conditions,” the officer’s report noted.

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