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Legislative Assembly for the ACT: 2007 Week 8 Hansard (30 August) . . Page.. 2566..

4. Development applications in residential areas are assessed and approved after taking into consideration a number of factors such as traffic and parking generation, access arrangements to the development block, facilities for waste collection, traffic noise etc in order to maintain the required level of residential amenity. In certain situations additional measures are also incorporated as part of the approval conditions to mitigate the impact of the development on the residential amenity.

On this basis, approval was granted for the new residential developments on Goyder Street. The additional traffic generated by these developments was found to be not significant when compared with the environmental capacity of the road. Also no provision has been made for on-street parking for these developments. The necessary parking facilities, for residents as well as for visitors' parking, will be accommodated within the block boundaries.

5. There have been 7 recorded crashes on Goyder Street, between Dalrymple Street and Jerrabomberra Avenue from 1 December 2001 to 30 November 2006. No accident involving pedestrians was recorded during this period.

Stirling—block 13 section 22

(Question No 1626)

Mr Seselja asked the Minister for Planning, upon notice, on 21 August 2007:

(1) In relation to the answer to question E07-79 asked during the Estimates 2007 08 hearings concerning Block 13 Section 22 Stirling, in which the Minister stated that the Director of Public Prosecutions did not proceed with a case regarding the failure of a builder to comply with a rectification order because the statute of limitations had expired, on what basis and by whom was the matter referred to the Director of Public Prosecutions.

(2) Is the referral source satisfied with the outcome of this matter;

(3) What were the circumstances that led to the statute of limitations expiry;

(4) Why was the case not dealt with within the period of the statute of limitations.

Mr Barr: The answer to the member's question is as follows:

(1) The matter was referred to the Director of Public Prosecutions (DPP) on the basis that the builder committed an offence under section 40 of the Construction Occupations (Licensing) Act 2004 by failing to carry out the rectification work by the date specified in the rectification order. An ACT Planning and Land Authority compliance auditor referred the matter to the DPP.

(2) The referral source has no opinion in these matters.

(3) Section 192 of the Legislation Act 2001 determines when prosecutions must begin. In this case a prosecution needed to begin no later than 1 year after the day of commission of the offence on 17 December 2004.

(4) That is a matter for the DPP.

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