LIVE-#2553387-v2-Agenda - Planning & Environment … · important to ensuring that the Planning Scheme ... 3.6 Prepare integrated local area plans ... Recognise that Council plays

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Agenda – Planning & Environment Committee 12 May 2010 - #2553387

PLANNING & ENVIRONMENT COMMITTEE

12 MAY 2010

5 CAIRNS & ENVIRONS - NEW PLANNING SCHEME- PROJECT BUSINESS CASE Peter Boyd : 8/26/5: #2549596v1

RECOMMENDATION: That Council reaffirms its position in relation to preparing the Cairns and Environs - Planning Scheme, pursuant to the Integrated Planning Act 1997 and endorses the attached business plan subject to budget deliberations.

INTRODUCTION: On 11 November 2009, Council resolved to: A. Undertake the preparation of a new planning scheme for the Cairns Regional

Council Local Government Area; B. Adopt the project plan included in Attachment 2 [to the Report of 11 November

2009] for the preparation of the new scheme; C. Ensure that the new planning scheme adequately reflects the Far North

Queensland Regional Plan 2009 - 2031; D. Note that an amended project plan will be developed in accordance with the

Sustainable Planning Act following the release of the statutory guideline for making and amending planning schemes.

This report seeks to provide Council with information regarding the current status of the project, moving toward finalising a Business Plan for consideration as part of Budget deliberations.

BACKGROUND: Since the Resolution of 11 November 2009, Officers have been undertaking a range of activities associated with the preparation of the new Planning Scheme, including: a. Commencement of a Gap Analysis in regard to technical detail required to be

prepared and / or updated to assist in preparation of the Scheme; b. Commencement of internal consultation regarding technical reports and

requirements in regard to the new Scheme.

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In addition, Officers have been working on preparation of a Business Case to provide additional detail regarding the potential project structure, stages and risk management associated with the Project. This Preliminary Business Case is presented for Councils consideration in advance of a more detailed Business Case being presented for consideration as part of budget and human resource deliberations.

COMMENT: Development in the Cairns Region is currently regulated by two planning schemes - CairnsPlan and the Douglas Shire Planning Scheme. With the introduction of the FNQ Regional Plan 2009 - 2031 in February 2009, Council had two options: a. Revise CairnsPlan and the Douglas Shire Planning Scheme to ensure consistency

with the Regional Plan; or b. Resolve to prepare a new planning scheme. The Council has determined to prepare a new planning scheme to provide a single local planning instrument for regulating development across the whole of the Cairns region. Apart from establishing a more efficient regulatory framework, the new planning scheme offers the opportunity to address existing and emerging critical environmental, economic and social issues and to further implement the Council's Vision for the Cairns Region:

To be Australia's greenest region

To grow and embrace distinctive and vibrant communities

To be creative A draft of the new planning scheme is to be completed within this term of the Council, with the preferred commencement date for a final scheme being November 2014. The new planning scheme is being prepared against a backdrop of major regulatory reform with the recent release of the Far North Queensland Regional Plan 2009-2031 (the Regional Plan), and the commencement of new planning legislation in the form of the Sustainable Planning Act 2009 (the SPA). The State has also recently released the Queensland Planning Provisions (QPP) which are intended to provide for uniformity in regard to planning schemes prepared in accordance with the SPA. Apart from various background documents, Council has also recently prepared a number of major strategic policy documents designed to establish planning direction for the region, and particular parts of the region.

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These projects include: - Mount Peter Master Planning project; - Port Douglas Waterfront Master Planning project; - Edmonton Town Centre; - Smithfield Town Centre; - Cairns City Centre Revitalisation; - Daintree Gateway Master Plan; and - Various Heritage Studies. Planning Scheme Team Structure The Team is to be led by a Project Manager. It is anticipated that the following resources will also be required:

Project Manager Full time position Two to Three Planners Strategic and Development

Assessment Initial requirements likely to be 0.2FTE, however, at certain stages of the Project requirement will lift to FTE for periods of time

Administrative Support On average, 0.2FTE requirement, however, at certain stages of the Project requirement will lift to FTE for periods of time

In addition to the above core Project Team, it is anticipated that input / review by other Council divisions will be required. As part of the development of the detailed Project Plan, it will be necessary to articulate anticipated requirements for different staff at different times to ensure that workloads can be suitably managed, and secondment or other internal resource arrangements considered. At this stage, it is anticipated input will be required from: - Infrastructure Services; - Water and Waste; - Sport, Recreation and Community Services - Economic Development - Cultural Services and Facilities - Environmental Assessment. Project Manager The Project Manager is to be sourced 'in-house'. The Manager Development Assessment is to be seconded into the Planning Strategies Branch to fill this position for a term equivalent to the time required to prepare the New Planning Scheme. The Manager Development Assessment position is to be advertised on a 'fixed term contract' basis, providing surety to the current Manager that the position will be available at the end of the Project.

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Planning Support The Planning Scheme Team will be supported by the wider resources of Strategic Planning Branch and the Planning and Environment Department more generally.

Overall Approach

As indicated above, the Planning Scheme Team will also rely on other areas of Council to provide some components of the planning scheme and in particular to provide specialist technical advice. In some circumstances it may be necessary to ‘embed’ a subject matter expert within the Planning Scheme Team for a period of time. It is intended that a flexible approach be taken to the resourcing of the Project with an expectation that significantly more resources will be required to assist the Planning Scheme Team to deliver on major milestones or to carry out significant consultation tasks. This approach will increase the exposure of planning staff to the Project and provide for staff to share in ownership of and responsibility for the new planning scheme. The Planning Scheme Team is likely to be in high demand and a significant focus of the organisation in terms of responding to emerging issues. The extent and complexity of work to be undertaken also has the potential to cause stress for some team members. Experience from other planning scheme projects indicates a need to carefully manage the welfare of core staff members recognising that there is likely to be varying levels of resilience and adaptability. Identification of clear milestones, staggered work Projects and recovery periods will be important to ensuring that the Planning Scheme Team can operate at a high level of performance for the duration of the plan-making period. Procurement Strategy Although only limited budget is available to ‘buy in’ resources and specialist technical advice, it is anticipated that some consultants and external advisors will be required to assist in the preparation of the planning scheme. In particular, peer review and external legal review have been identified as areas where consultants may need to be engaged periodically. Council has in place a register of pre-qualified suppliers for regional strategy and planning services and it is anticipated that consultants will be engaged under the terms of this purchasing arrangement.

CONSIDERATIONS: Corporate and Operational Plans: The preparation of a new Planning Scheme is aligned with following elements of the Corporate Plan:

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Goal 1 – Caring for the Environment Objective: To ensure that the natural and built environments are managed and protected in a sustainable manner. 1.1 Deliver improved management of the region’s natural resources and

biological diversity for sustainability and ecosystem health.

1.2 Achieve greater recognition of the natural environment as an integral part of the region’s identity and fundamental to quality of life.

Goal 2 – Building Vibrant Communities Objective: To build more creative, innovative and self reliant communities where participation in community life is enabled and encouraged.

2.2 Improve the quality and opportunities for use of public space across the region.

Goal 3 – Delivering Integrated Planning Objective: To take an integrated planning approach to development that creates a sustainable region reflective of our uniqueness and tropical lifestyle.

3.1 Implement an integrated approach to planning by Council and stakeholders.

3.2 Deliver integrated provision of physical and social infrastructure in existing and future parts of the region.

3.3 Effectively plan and respond to significant changes in the demographic profile

of the region.

3.4 Protect and manage the heritage and culture of the region.

3.5 Plan for the impacts of climate change, including mitigation and adaptation measures.

3.6 Prepare integrated local area plans across the region using a place based

planning approach.

3.7 Promote good urban design outcomes which are responsive to the region’s tropical environment and unique character.

Goal 5 – Creating a Prosperous Region Objective: To increase the region’s capacity for long-term economic growth by supporting opportunities for local businesses and local employment.

5.3 Plan and make financial and capital decisions with the state of the local economy in mind.

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5.4 Encourage self containment of communities through the integration and co-

location of employment opportunities with residential development and public transport.

Goal 6 – Striving for Organisational Excellence Objective: To ensure that Council is open, accountable, ethical and financially responsible. Recognise that Council plays a leadership role for our immediate communities and for the wider region and will strive to represent our community’s needs and expectations.

6.3 Collect, interpret, manage and capture data and information to inform good decision making.

6.6 Be innovative and work in collaboration with key stakeholders, suppliers,

partners and in collaboration with Council Boards and Reference Groups.

6.7 Consistently perform better, deliver on our objectives and operate sustainably.

The preparation of a New Planning Scheme for the Cairns Region is not contained in the 2009/10 Operational Plan. Statutory: The New Planning Scheme for the Cairns Region has been commenced under the repealed Integrated Planning Act 1997, and will continue to be developed in accordance with the requirements of that legislation at this stage. The Queensland Planning Provisions to be applicable for Schemes developed in accordance with the Sustainable Planning Act 2009 will be taken into account in the preparation of the Scheme, and it is anticipated that a Recommendation will be made to Council in the future, suggesting the Scheme transition across to a Sustainable Planning Act planning Scheme. In addition to the Integrated Planning Act 1997 and Sustainable Planning Act 2009, the New Planning Scheme will need to consider the effect and process of a numerous statutory instruments, including, but not limited to: FNQ Regional Plan 2009 - 2031 Regulatory Provisions Iconic Queensland Places Act 2008 Fisheries Act 1994 Coastal Protection and Management Act 1995 Wet Tropics World Heritage Protection and Management Act 1993 Vegetation Management Act Nature Conservation Act 1992 Land Act 1994 Queensland Heritage Act State Planning Policies (Various)

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It is recommended that the planning scheme preparation continue in accordance with the Integrated Planning Act 1997 at this stage, rather than 'transitioning' to a Sustainable Planning Act 2009 planning scheme process, for the following reasons: 1. Planning Schemes prepared in accordance with the Sustainable Planning Act

2009 must be prepared within twelve months from commencement of the process. Given the range of supporting technical reports and information required to support the new Planning Scheme, and the potential problems faced in regard to resourcing, it is anticipated Council would struggle to meet this performance indicator timeframe as confirmed within Statutory Guideline 02/09 Making or Amending Local Planning Instruments;

2. Planning Schemes prepared in accordance with the Sustainable Planning Act

2009 must be prepared in compliance with the Standard Planning Scheme Provisions, or Queensland Planning Provisions. It is noted that these provisions are still going through a process of review and revision. Whilst these provisions will be taken into account, in circumstances where there may be further review and revision, it is recommended that the current IPA process continue at this stage. Council officers are actively involved in the review of and amendment to the Queensland Planning Provisions to ensure local factors and requirements are taken into account;

3. Continuing with the preparation of the new Planning Scheme in accordance with

the Integrated Planning Act 1997 provides Council with the opportunity to undertake community engagement and consultation in the early stages of scheme development in conjunction with activities to be undertaken in preparation of Council's Community Plan. There are seen to be major benefits is taking this approach, as it will ensure and allow for:

a. Consultation in advance of the preparation of a Statement of Proposals, in

conjunction with Community Plan consultation; and

b. Consultation in regard to the Statement of Proposals; and

c. Formal consultation during the planning scheme notification period.

If Council were to transition to a Sustainable Planning Act 2009 Planning Scheme preparation process, formal consultation opportunities will be limited to those undertaken through the planning scheme notification period. Although Council has liberty to undertake further / additional consultation through the scheme development process, the twelve month performance indicator timeframe applicable would make it extremely difficult for Council to complete all works associated with scheme development leading to the First State Interest Check stage and also undertake more informal consultation with the community.

Policy: Preparation of a new Planning Scheme aligns with other projects currently being undertaken by Council, in addition to acting upon recommendations of the Department of Infrastructure and Planning.

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Financial and Risk: A preliminary Risk analysis for the project is contained within the Preliminary Business Case at Annexure 1 of this Report. Preliminary estimates indicate the budget for the project over three (3) financial years is likely to be in the order of $1.65million. This budget will accommodate a large proportion of internal costs associated with the project, including some staff costs, and the smaller proportion of expenses likely to be incurred obtaining specialist external consultant advice / reports. This approach is being taken to minimise project risk associated with Project Management and scheme drafting being undertaken by external consultants. Risks and costs associated with extensive use of consultants for projects of this nature include: - Potential need to upskill external consultants not located or based in the local area

in regard to local issues / requirements; - Re-work and review required to be undertaken 'in-house' even when work is

undertaken in an appropriate and holistic manner by the consultant; - Loss of internal knowledge and 'ownership' of the new Scheme as a result of it

being prepared by an external consultant; and - Limitations on the capacity for internal input (from Development Assessment,

Development Engineering, Infrastructure Management and Water & Waste divisions) in Scheme development related to experience with current planning documents.

The Project Team structure proposed, including the secondment of the Manager Development Assessment into the role of Project Manager for the life of the Project, will facilitate: a. greater ownership of the new Planning Scheme by both Planners and other parties

involved in its development; b. capacity and experience being increased and improved with internal staff; and c. greater opportunity to ensure that the new Planning Scheme takes into account

and addresses operational issues / difficulties faced with current Planning Schemes.

Sustainability: The new Planning Scheme Project will assist Council in encouraging and facilitating environmentally sustainable economic, social and cultural development and prosperity for the Cairns Region. Ecological sustainability is the core purpose of both the Integrated Planning Act 1997 and the Sustainable Planning Act 2009, and all new planning schemes created in accordance with that legislation must achieve this purpose. Ecological sustainability is a balance that integrates:

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(a) protection of ecological processes and natural systems at local, regional, State

and wider levels; and (b) economic development; and (c) maintenance of the cultural, economic, physical and social wellbeing of people and

communities.

CONSULTATION: Internal consultation regarding the proposed project has been undertaken with officers within Water and Waste, Corporate Services, Infrastructure Services and Planning and Environment.

OPTIONS: Options for consideration include: a. Not noting this Report and not endorsing the Preliminary Business Case; or b. Noting this Report, and endorsing the Preliminary Business Case in advance of

more detailed budgetary considerations associated with the Project.

CONCLUSION: The business case has been prepared for consideration during the budget preparation. At this stage, the report is provided for information purposes, and it is recommended that Council notes the contents therein.

ATTACHMENTS: Annexure 1 - Preliminary Business Case (#2535540v3) Peter Boyd Manager Planning Strategies Peter Tabulo General Manager Planning and Environment

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ANNEXURE 1

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LIVE-#2553387-v2-Agenda - Planning & Environment … · important to ensuring that the Planning Scheme ... 3.6 Prepare integrated local area plans ... Recognise that Council plays