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Legislative Assembly for the ACT: 2010 Week 14 Hansard (9 December) . . Page.. 6194..


(4) In relation to building work on the leasehold, ACTPLA has exercised its statutoiy powers to ensure that the work and use inferred by the work is compliant with the Building Act, the Planning and Development Act and the Crown lease. ACTPLA has advised that there was no evidence of a breach of lease as at 16 November 2010.

Planning—development applications (Question No 1219)

Ms Le Couteur asked the Minister for Planning, upon notice, on 28 October 2010:

(1) Is the ACT Planning and Land Authority (ACTPLA) required to refer to previous development applications when considering development application proposals as a matter of practice.

(2) How are relevant Development Control Plans taken into account when considering development applications.

(3) Do development applications need to be consistent with any development control plans relevant to the site.

(4) If a development application concerns an area which is also on National Capital Authority (NCA) land, what is the process of consultation and decision-making, and where does the final decision rest.

(5) If a development application is appealed through the ACT Civil and Administrative Tribunal (ACAT), how is the NCA's opinion, role or any Development Control Plan, able to be taken into account.

(6) How does ACTPLA follow up compliance on ACAT decisions.

(7) What actions do ACTPLA take if a construction is found to have been completed without any development application approvals.

(8) What actions does ACTPLA take if a building certifier approves a faulty development, or fails to note obvious breaches to the plan.

(9) Can ACTPLA issue certificates of occupancy after breaches to plans or rules have been noted.

(10) What is considered to be a significant structure under the Planning and Development Act and where in the Act, Regulations or Territory Plan can a list of significant structures be found.

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

(1) No. Each application is assessed on its merits in accordance with the planning requirements that apply at the time of making the decision.

(2) Where a development is subject to any relevant Development Control Plan prepared under the National Capital Plan, the development is to be not inconsistent with the Special Requirements or Development Control Plan. It is ACTPLA's responsibility to interpret the Development Control Plan.


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