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Legislative Assembly for the ACT: 2008 Week 8 Hansard (7 August) . . Page.. 3146..


Education—priority enrolment areas

(Question No 2109)

DR FOSKEY asked the Minister for Education and Training, upon notice, on 25 June 2008:

In relation to the response to Estimates question on notice No 99 and to children transitioning from early childhood schools to primary schools, will children who do not wish to transition to their Priority Enrolment Area school, but would prefer to remain with their peers from the early childhood school, be given a place at the school of their choice.

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

If children wish to transfer from an early childhood school to an out of area school, they will certainly be given a place, if space is available after the schools cater for students from the priority enrolment area.

Planning—concessional leases

(Question No 2110)

DR FOSKEY asked the Minister for Planning, upon notice, on 25 June 2008:

(1) In relation to the response to Estimates question on notice No 363, what are the requirements and guidelines in the Territory Plan against which applications to vary leases and in particular concessional leases are assessed;

(2) Has the Government and the ACT Planning and Land Authority (ACTPLA) maintained the Guideline for the Assessment of Applications to Pay Out the Concession applying to a lease Or To Transfer a Concessional Lease to Another Person as a guide for the assessment of applications to vary a concessional lease; if not, what in the current Territory Plan sets out similar specific guidelines and considerations to which ACTPLA must have regard when assessing these leases.

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

(1) In relation to leases generally, an application to vary a lease must be assessed against the relevant requirements of the Territory Plan. For example, an application to add an additional use(s) to a lease can only be approved if the proposed new use is not prohibited by the Territory Plan. The assessment track that the application must be assessed in (assuming it is not prohibited) is determined by reference to the relevant development table of the Territory Plan.

In relation to concessional leases, the 2008 Territory Plan has no requirements for the assessment of development applications for deconcessionalisation other than to require it to be conducted in the impact assessment track (consistent with section 123 and schedule 4 of the Planning and Development Act 2007). Like all impact track matters, such applications must be assessed against the statement of strategic directions of the Plan and the objectives for the relevant zone. Territory Plan codes must also be considered if relevant; however, there are no code requirements specific to concessional leases.


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