6.1.1 Planning and Development
6.1.1.1 Local Government should be recognised as the sphere of government immediately responsible for integrated land use planning and management.
6.1.1.2 Local Government will work towards streamlining procedures and minimising costs associated with land development whilst observing appropriate community and environmental standards and maintaining a balance between commercial and public interests.
6.1.1.3 Local Government is committed to investing in electronic business and other technological opportunities that will improve planning processes to meet requirements under the Integrated Planning Act (IPA) and improve community understanding and accessibility to planning information.
6.1.1.4 Local Government does not support the use of the IDAS process or planning schemes to place additional work or devolve State Government responsibilities onto Local Government.
6.1.1.5 Local Government does not support the mandatory introduction of externally appointed development assessment panels to determine development approvals. Decision making for development applications must remain with Local Government.
6.1.1.6 Local Government supports Option A of the Development Assessment Forum Leading Practice Model in which local government may delegate development approval determination powers, for example, to council officers and internally appointed panels, while retaining the ability to call-in any application for determination by council.
6.1.1.7 Local Government supports the collection of planning statistics as a tool to assist in the monitoring of the performance of the development assessment system. Collection and monitoring needs to be collaborative across all sectors involved in the planning system.
6.1.1.8 Local Government recognises and supports the introduction, incorporation and ongoing management of the Council of Australian Governments (COAG) endorsed electronic Development Assessment Interoperability Specification (eDAIS) as a means for achieving a consistent and agreed foundation for the electronic exchange of development assessment transactions and information.
6.1.2 Planning Legislation
6.1.2.1 The definition of a 'State Interest' should be limited to whole of State Government endorsed policy - legislation, regional plans, State Planning Policies and policy that during its development has been the subject of rigorous community review and received whole-of-government endorsement. The definition is to explicitly exclude matters relating to structure, functioning and operational processes of individual planning schemes.
6.1.2.2 Local Government opposes the extent of the compensation provisions in current planning legislation, and is only prepared to support limited provisions for compensation based upon certain criteria being met before councils would be liable. Compensation rights should only be preserved where an applicant can establish that they have suffered an immediate and demonstrable loss, and claims for compensation should be eliminated where there is no substantive restriction on continuing use of the land for existing lawful purposes and where the only loss is loss of the speculative possibility of future development for some other purpose.
6.1.2.3 Local Government opposes the mandatory imposition of the requirement to accept privately certified subdivision engineering plans and works. Local Government believes that individual Councils must have the autonomy to decide whether or not they are prepared to accept privately certified plans and works.
6.1.2.4 Local Government supports legislation for planning reform that facilitates an efficient and effective planning system (including the goal of facilitating electronic transactions), provided that such reforms are consistent with other Local Government planning policies.
6.1.3 State and Federal Government Consistency
6.1.3.1 All levels of Government should comply with the provision of a Planning Scheme in undertaking development. This includes obtaining and complying with appropriate approvals, payment of relevant fees and provision of required external infrastructure or financial contributions.
6.1.3.2 Contributions towards the costs of external services and facilities associated with Government projects should be the same as those imposed for similar private sector developments.
6.1.4 State Planning Issues
6.1.4.1 Local Government supports the development of a State Population Policy to provide clear guidance as to the future locations of population growth and infrastructure provision in Queensland.
6.1.4.2 The preparation of State Planning Policies and IDAS Codes must have a clear and defined consultation process to enable Local Government to ensure that the Policy and or Code are cognisant of local concerns and issues.
6.1.4.3 Local Government believes that Ministerial Call In powers must only be used in limited cases where an issue is of State significance.
6.1.4.4 State Government agencies must be clearly responsible for any decisions they make regarding a development application, and must pay the full cost of defending their decisions in court.
6.1.5 Regional Planning
6.1.5.1 Local Government supports the retention of regional planning processes that have voluntary membership and are advisory in nature. However, if the State Government moves to the introduction of statutory regional planning arrangements in any part of Queensland, Local Government will support such arrangements provided they are based on a model representing a true partnership between State and Local Government.
6.1.5.2 Local Government seeks a regional planning model containing the following elements:
6.1.5.3 Introduction of legislation ensuring the compliance of State departments and agencies including Government Owned Corporations with the approved regional plan.
6.1.5.4 The regional planning portfolio to be permanently linked to the Treasurer or Premier ensuring whole of government compliance with the regional plan and direct influence on budgetary decisions related to its implementation.
6.1.5.5 An annual report on achievement of regional planning outcomes to be prepared by the State Government in consultation with regional body and individual Local Government, with the report to be tabled in State Parliament.
6.1.6 Integrated Development Assessment
6.1.6.1 Local Government supports the principle of a single integrated development assessment system.
6.1.6.2 Local Government supports the ongoing legislative amendment program to bring all relevant legislation into compliance with IPA and IDAS.
6.1.6.3 Local Government supports a Council controlled private certification of development applications but does not support the introduction of a State based private certification system for planning.
6.1.6.4 Local Government is committed to improving the standard of information provided with development applications.
6.1.7 Planning Schemes
6.1.7.1 Local Government is to have the ability to clearly identify uses appropriate to a particular area including the ability to prohibit certain types of development.
6.1.7.2 Local Government is committed to working in close collaboration with the State Government with the view of promoting a planning scheme template as good practice to the development of planning schemes.
6.1.7.3 Local Government supports the use of standard definitions, codes and other planning scheme components common to all planning schemes to improve the consistency between schemes without compromising the ability of Local Government to respond to local policy issues.
6.1.7.4 Local Government supports the inclusion of a strategic plan component in planning schemes.
6.1.8 Dispute Resolution
6.1.8.1 Local Government supports the creation of alternative dispute resolution mechanisms to provide more effective, responsive and lower cost resolution of planning disputes.
6.1.8.2 Local Government supports the removal of the de novo provisions in the Integrated Planning Act 1997.
6.1.8.3 Local Government supports a Court that is structured and adequately resourced so that Judges, assessors and support staff are obliged to proactively case manage all matters fore the Court.
6.1.8.4 Local Government supports the establishment of a Planning and Development Tribunal to determine matters relating to disputes over merit based issues.
6.1.9 Infrastructure Planning
6.1.9.1 Local Government acknowledges the strategic importance of Infrastructure Planning for the community and development industry and will seek to develop best practice in Infrastructure Planning.
6.1.9.2 The State Government should urgently resolve outstanding infrastructure charging issues and clarify requirements.
6.1.9.3 The Department of Infrastructure and Planning should be responsible for a comprehensive and co-ordinated program by all State agencies in supplying information to councils to enable them to effectively formulate and amend infrastructure plans.
6.1.9.4 Local Government does not support the capping of increases in infrastructure charges by the Consumer Price Index (CPI) as it does not reflect the true cost of infrastructure related goods and services. Increases should be not less than the LGAQ Council Cost Index (CCI).
6.1.9.5 Local Government supports infrastructure charging mechanisms for new development that do not shift the cost burden onto councils and the community.
6.1.10 Telecommunications
6.1.10.1 Local Government acknowledges the fundamental role played by "telecommunications" infrastructure in economic development and will support the efficient planning assessment and installation of telecommunications infrastructure.
6.1.10.2 Local Government is the appropriate level of government to determine the level of planning assessment to be applied to telecommunications facilities, which are identified as high impact (Mobile Phone Towers).
6.1.10.3 Local Government will work cooperatively with telecommunications providers on co-location of trenches, the laying of conduit and sharing of trench location information to minimise disruption to local communities and to maximise efficiency.
6.1.10.4 Local Government supports the concept of a system of uniform telephone charges throughout Australia to reduce the disabilities of remote locations.
6.1.11 Integrated Airport Planning
6.1.11.1 Councils which surround a major airport have a right to direct input into the operations of that airport, to ensure that transport, amenity and environmental impacts on local communities are minimised
6.1.12 Enforcement and Compliance
6.1.12.1 Local Government supports the ability to issue on the spot fines for the development offences listed in sections 4.3.1 to 4.3.7 of the Integrated Planning Act 1997.
6.1.12.2 The State Government should amend provisions in the Integrated Planning Act 1997 to ensure that the Planning and Environment Court can hear and determine prosecutions and issue fines for offences proved and reduce the burden of proof to a civil standard.
6.1.12.3 In relation to prosecutions only, Councils costs of investigating an offence should form part of the total costs where the losing party pays the successful party's costs.
6.1.13 Planning Training and Education
6.1.13.1 Local Government supports extensive and ongoing accredited and non-accredited training and skill development that builds capacity in elected members and Council staff.
6.1.13.2 Local Government supports the Diploma of Local Government (Planning) as a means to meet the need for additional skilled IDAS administrative staff.
