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Legislative Assembly for the ACT: 2011 Week 2 Hansard (10 March) . . Page.. 885..


(1) In relation to the energy efficiency ratings (EER) auditing for the Sale of Premises Act, what auditing of did the Department of Justice and Community Safety undertake in 2010.

(2) Given that the ACT Planning and Land Authority (ACTPLA) will be undertaking the certification of EER auditors who provide EER auditing for the Sale of Premises Act requirements, how will the transition from the Department of Justice and Community Safety (JACS) to ACTPLA work.

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

(1) The Office of Regulatory Services routinely audits Canberra Times property advertising to ensure that EER statements are advertised on properties offered for sale. In 2010 the ORS wrote to three separate real estate agents that failed to publish the required EER statements warning them that their conduct was likely to be in contravention of the Civil Law (Sale of Residential Property) Act 2003.

(2) The ORS will continue to administer and enforce the general disclosure provisions for sale and rental properties under the Civil Law (Sale of Residential Property) Act 2003.

Planning—dwelling numbers (Question No 1577)

Ms Le Couteur asked the Minister for Planning, upon notice, on 17 February 2011:

(1) In relation to increasing dwelling numbers above future urban area concept plans, what power does the ACT Planning and Land Authority (ACTPLA) have to approve development applications which propose increasing dwelling numbers over dwelling numbers previously approved in concept plans.

(2) What number or percentage of dwellings can be increased over the numbers approved in the concept plans before ACTPLA needs to put through a Technical Variation.

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

(1) & (2) Under the Planning and Development Act 2007, a concept plan applies the principles and policies in the structure plan and is a precinct code in the Territory Plan 2008. A concept plan is used to guide the preparation and assessment of estate development plans (which are development applications).

If a concept plan is in a rules and criteria format, the dwelling number needs to comply with the relevant rule or meet the criterion requirements for the consideration by ACTPLA of any departure in dwelling numbers, if a criterion exists.

For concept plans that are not in a rules and criteria format - which is the case for concept plans that were prepared under the previous Territory Plan as a planning guideline - any departure in dwelling numbers compared to that indicated will be considered against the provisions of the individual concept plan and any important planning requirements, in conjunction with the other relevant assessment codes within the Territory Plan.


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