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Legislative Assembly for the ACT: 2011 Week 2 Hansard (10 March) . . Page.. 741..


MR BARR: Ms Le Couteur, you are picking up on a point of transition in relation to the new Planning and Development Act. In responding in detail to your question, I note I did clearly indicate—as you have just read out in fact—that there are some instances where a concept plan is not a statutory document. As such, it is open to some revision in the formalisation of the territory plan in the context of some other concept plans where that detail has been entered into and would, therefore, require a formal variation to the territory plan and the formal process that we are familiar with in this place. That was the basis of my response to your question on notice.

MR SPEAKER: A supplementary, Ms Le Couteur?

MS LE COUTEUR: Yes, Mr Speaker. Can I first comment that the minister did not answer the question: what is the status of the two types of concept plan, those before 2008 and those after? My supplementary question is: how can a concept plan be changed without a technical amendment and can you answer with respect to both those prepared before 2008 and those which have stated rules and criteria?

MR BARR: There are transition arrangements within the Planning and Development Act in relation to older concept plans and newer ones. The process within the Planning and Land Authority changed as a result of the new Planning and Development Act. Members who were here during that extensive debate would be aware of the changes that have occurred as a result of the new Planning and Development Act.

Yes, Ms Le Couteur, there is freedom, without the requirement of a territory plan variation or a technical amendment, in the context of considering a development application on an estate development plan for there to be a difference between a concept plan and the more detailed estate development plan. That is not uncommon, particularly in relation to the transition from an old and previous planning system to the new one that was enacted with the Planning and Development Act.

MS BRESNAN: Supplementary?

MR SPEAKER: Yes, Ms Bresnan.

MS BRESNAN: Thank you, Mr Speaker. Minister, if no technical amendment to a concept plan is put forward, how can a development application or estate development plan be approved when it does not adhere to the concept plan?

MR BARR: As long as it is consistent with the Planning and Development Act, it can be approved.

MS HUNTER: A supplementary?

MR SPEAKER: Yes, Ms Hunter.

MS HUNTER: Minister, have you now further considered other possible changes to the legislation and processes around technical amendments, as you discussed in November last year?

MR BARR: Indeed, and I will be bringing forward, as I think should be a routine process each year in the Assembly, a slab bill that will deal with minor and technical


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