Page 395 - Week 02 - Tuesday, 21 March 2023
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expert. As a result, the Council did not support these changes as they would diminish the heritage significance of a registered place, which contravenes the Heritage Act.
However, in January 2022, the Council did endorse minor amendments to the replanting outcome, to provide for some improved solar access to the new development whilst conserving the heritage windbreak for future generations. These amendments were:
• Support for pruning of pine trees as they mature, to lift their canopies by up to one third of their height; and,
• Movement of the entire windbreak formation approximately three metres north within the block, closer to the street.
These amendments were agreed to by the Council following their consideration of resident concerns, and reflected their genuine effort to find ways to increase solar access to the new development whilst not compromising the heritage conservation outcome. Trees along Bradfield Street have since been planted in this amended location.
The Territory Plan requires solar access into residential developments, and is therefore a consideration by ACTPLA in assessing development applications. This is, however, balanced with tree preservation, which is a significant part of the assessment of proposed developments. The Territory Plan also has other environmental considerations such as water sensitive urban design, erosions and sediment, bushfire and site coverage controls.
While not applicable at the time of approving DA201731204, the Territory Plan now recognises that solar access into dwellings is not to take into consideration of shading and overshadowing caused by vegetation and trees.
In December 2022, I announced I will be undertaking a comprehensive review of the ACT’s heritage arrangements. This review will examine the legislation and how the ACT’s approach to the conservation and management of heritage compares to best practice in other states and territories. It will examine the functions of the Council and their role as either a decision maker or advisory body. The outcomes of the review will help to guide and inform a potential reform agenda. I intend to provide further information to the Assembly and the public about what we have learned from this review and the government’s future plans in response.
While a review has commenced as to how to best manage and protect heritage values in a growing city, decisions of this kind are a matter for both the independent Council and ACTPLA. They make decisions at arm’s length from Ministers and Members of the Legislative Assembly. In doing so, the Council and ACTPLA take great care in ensuring proper consideration and assessment of all matters required under the Heritage Act 2004 and Planning and Development Act 2007 and subordinate legislation.
Motion to take note of petitions
MADAM SPEAKER: Pursuant to standing order 98A, I propose the question:
That the petitions and responses so lodged be noted.
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