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Legislative Assembly for the ACT: 2005 Week 4 Hansard (17 March) . . Page.. 1187..


MRS DUNNE (continuing):

comprehensively to show. He has failed to show courtesy, which is why we opposed his application today for leave. If he wants leave, he will have to work for it in the same as the rest of us.

Question resolved in the affirmative, with the concurrence of an absolute majority.

Territory plan-Variation No 246

Papers and statement by minister

MR CORBELL (Molonglo-Minister for Health and Minister for Planning): Draft variation No 246 proposes to change the territory plan map to remove the A10 residential core area specific policy overlay from sections 34, 35, 37, 38, 39 and 40 of Downer. It also proposes to add B12-increased density development-area specific policy over section 39 and blocks 36 to 49 of section 34.

The variation was released for public comment on 13 August 2004, with comments closing on 3 September 2004. Five written submissions were received during that period. The issues raised were considered in preparing the final variation. No revisions were made to the variation as a result of the consultation process.

In report 4 of this year, the Standing Committee on Planning and Environment made two recommendations in relation to the draft variation. The committee's first recommendation was that draft variation 246 be agreed to. This recommendation is supported. The committee's second recommendation was that, when the proposed Tree Protection Act has commenced, an assessment take place as to whether Blackett Street should be declared a tree management precinct for the duration of any urban renewal in the area in response to variation 246.

Environment ACT have advised that transitional arrangements will see the progressive lifting of tree management precinct status from all suburbs, except those areas considered to need ongoing protection. Further consultation will be undertaken as part of this process and reaffirmation of this recommendation would then be appropriate.

The report also contained dissenting remarks by Mr Seselja. Mr Seselja's comments related to the application of the A10 residential core area overlay in Downer, specifically the omission of section 34, blocks 1 to 35, with Mr Seselja claiming that this would seem to be inconsistent with the Canberra spatial plan. Mr Seselja suggested that the authority and residents of Downer revisit the issue of the correct zoning as he saw it in this area.

A task of the neighbourhood planning process was to best fit the territory plan's residential core areas. This involved recognising that a neighbourhood may contain features that are highly valued by a significant number of residents. Sometimes modifying the core area is justified to ensure that the broader policy aims can be achieved whilst respecting the local area conditions.

After considerable negotiations with the Downer neighbourhood and key stakeholders, the bed and breakfast accommodation provided by a variety of businesses on Northbourne Avenue was recognised as contributing significantly to the character of the neighbourhood. As a result, the authority agreed to retain and encourage this function.


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