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Legislative Assembly for the ACT: 2007 Week 12 Hansard (22 November) . . Page.. 3802..


(11) The information in the report varies. Without knowing specifics regarding what is meant by "finer grained"it is difficult to answer your question. It is recommended that Dr Foskey contact the Commissioner's office directly to discuss this issue.

Planning—Fox Place

(Question No 1737)

Dr Foskey asked the Minister for Planning, upon notice, on 17 October 2007:

(1) Further to the redevelopment in blocks 8, 9, and 10 of Section 43 Fox Place, was an agreement reached between the residents of Fox Place and the developers in 2005;

(2) When the development changed hands was that agreement honoured;

(3) Does the ACT Planning and Land Authority (ACTPLA) encourage interaction and mediation between developers and neighbours;

(4) Is such an agreement lodged with ACTPLA;

(5) What is the status of such agreement;

(6) Do such agreements have legal status if ownership changes hands;

(7) Was the amenity of local residents seriously compromised by work during the development.

(8) Does ACTPLA perform inspections to ensure that residents' amenity is protected;

(9) Are there any regulations that require developers to minimise impacts.

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

(1) The ACT Planning and Land Authority (ACTPLA) has advised that it is only aware of the consent agreement reached through mediation as set out in the Decision of the ACT Administrative Appeals Tribunal (AT04/64 &65) made on 13 July 2004.

(2) The terms of the supported agreements between the residents of Fox Place and the developers in 2005 (the 2005 agreement) is not known. The Authority does not administer such agreements.

(3) Yes.

(4) No. There is no statutory basis to do so.

(5) As advised, the 2005 agreement has no statutory planning status.

(6) ACTPLA is not privy to any agreement other than that set out in the AAT decision and so cannot provide comment as to the legal status of any such agreement.

(7) The Environment Protection Authority has investigated and acted on matters pertaining to noise created by the construction of the development. Territory and


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