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Legislative Assembly for the ACT: 2001 Week 4 Hansard (29 March) . . Page.. 1216..


MR SMYTH (continuing):

To give effect to the intent of the Assembly's motion, which I understand was to prevent the draft variation taking interim effect, I am limited by the fact that I have no power to publish or revoke a notice under section 19 of the land act. That power rests solely with the Planning Authority. Accordingly, the only action available to me to give effect so that part of the motion which directed the government not to proceed with the release of the draft variation is to ask the Planning Authority to act in the spirit of the motion of the Assembly and take the necessary action to give effect to that motion. That request is in the letter I have written to the Planning Authority. I am awaiting the Planning Authority's formal response to the direction.

It is often questioned whether the Planning Authority, PALM, is independent. Quite clearly, under the act they are an independent body.

Pialligo lease

MR CORBELL (5.58): Mr Speaker, tonight I would like to raise a concern that has been raised with me by residents of Pialligo. It relates to an activity occurring in Pialligo which would appear to be inconsistent with the land use policies for that area. Residents have drawn it to my attention that the Pialligo area is being used as the location of a hire car, limousine and coach depot.

This activity, if it is occurring-and I have no reason to doubt the word of my constituents and the evidence they have provided to me-would appear to be inconsistent not only with the Territory Plan but also with the general lease purpose clause applying to leases in the Pialligo area. In general, leases in Pialligo may be used only for agricultural purposes and ancillary purposes. The purposes do not include a hire coach business, a chauffeured car business or a limousine business.

The Territory Plan, under the broadacre land use policy, which is the relevant policy for Pialligo, outlines that the only appropriate land uses in the area as agricultural, animal care facility, animal husbandry, bulk landscape supply, nature conservation area, outdoor recreation facility, parkland, retail plant nursery or veterinary hospital. Clearly none of those uses are consistent with the use that appears to be happening in part of Pialligo.

I understand that the residents who have approached me have also raised this issue with the lease compliance section in PALM. I was interested to hear Mr Wood's comments earlier about lease compliance. The advice residents have received from PALM is that whilst the matter is being investigated there is no proof that this activity is occurring.

Residents have provided to me a printout of the relevant business. Without naming the business, it indicates its address as being in Pialligo. It indicates the number of employees as 15. It indicates how people may pay for the business' services, including by Diners Club card, Bankcard, Visa, cheque, cash or money order. It indicates that the purpose of the business is a car hire service, including chauffeur-driven services. It indicates that the business is a member of the Limousine Association and is bus and coach accredited.

Clearly, this company is operating from Pialligo in an area of broadacre land use. It would appear to me from everything that has been presented to me that it is operating in a way which is inconsistent with the land use policies for Pialligo and the lease purpose


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