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Legislative Assembly for the ACT: 2009 Week 9 Hansard (18 August) . . Page.. 3244..

MR BARR (continuing):

The committee's first recommendation is that the Planning and Land Authority commission all planning studies itself and that, where a territory plan variation is initiated by a request from a proponent, the proponent be required to fund the cost of the study. The recommendation is agreed in part. The government does not agree that ACTPLA should commission all planning reports, especially where they are proponent driven. This is because ACTPLA scopes planning reports and then assesses these reports independently. If ACTPLA were to commission and assess planning reports, it may result in a perceived or actual conflict of interest. ACTPLA does require planning studies to be funded by a proponent.

The committee's second recommendation is that criteria C25(d) of the Residential Zones Multi Unit Housing Development Code be amended to protect the solar access requirements of developments on the same land, in addition to protecting adjacent land. This has been agreed. To address the committee's concern, the variation has been amended consistent with my ministerial direction by inserting an additional part into criterion 25 to ensure the protection of solar access on the same land as well as developments on neighbouring sites.

The government noted the committee's third recommendation, that the proposed changes to rule R25 and criterion C25 of the Residential Zones Multi Unit Housing Development Code part A(5) proceed, and the fourth recommendation, that the proposed variation to the territory plan to rezone blocks 3 and 4 section 69 Lyons and block 8 section 47 Lyons to RZ5 high density residential zoning proceed.

The committee's fifth recommendation is that the Planning and Land Authority increase the density allowances in the lease and development conditions for blocks 3 and 4 section 69 Lyons to enable real densification on the site. This recommendation is agreed in principle. The joint venture, comprising DHCS and Hindmarsh, has advised that it will seek a lease variation to increase the dwelling yield for the site. In this regard the Planning and Land Authority will consider any such lease variation when an application is made.

The committee's sixth recommendation is that the proposed variation to the territory plan to include rule R27A allowing development of up to 10 storeys on part of block 4 section 69 Lyons should proceed subject to recommendation 5 being agreed. This is agreed, subject to my previous comments regarding recommendation 5.

The committee's seventh recommendation is that ACTPLA, in its review of the Residential Zones Multi Unit Housing Development Code, as part of the ACTPLAn initiative, take into account the need to improve the energy efficiency of multi-unit buildings, including the possibility of increasing the minimum solar access requirements. This is noted and agreed in part. ACTPLA is already undertaking a broad review of the territory plan as a part of the ACTPLAn initiative and this will involve reviewing the multi-unit housing development code, including solar access requirements. I can advise that this work is also proceeding in response to the parliamentary agreement with the Greens party. Energy efficiency is addressed differently and is controlled by the Building Code of Australia.

The committee's eighth recommendation is that ACTPLA does not combine multiple planning and zoning issues into a single draft variation in future unless all issues are

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