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Legislative Assembly for the ACT: Week 8 Hansard (5 August) . . Page.. 3612..


(3) The provisions of Appendix III.1 (the Code) of the Territory Plan relating to privacy and boundary fences were not ignored by ACTPLA during the DA approval process. The side and rear boundary setbacks at the lower floor level met the Performance Measure D3.1 of the Code

However, there were some upper floor level encroachments to these boundary setbacks but these were addressed by providing screening and opaque glazing to the affected areas including the terrace over the garage, verandah in front of the sunroom, study, terrace off Bedroom one and balcony off Bedroom 2. By including the requirement for screening and opaque glazing as Conditions of the Approval, the encroachments were deemed to meet Objective O3.3 as well as Performance Criteria P3.1, P3.2, P3.3 and P3.4 of the Code.

(4) Objection letters were received by email on 19 February 2004 from National Business Lawyers acting on behalf of the neighbours on either side of the proposed development. ACTPLA acknowledged receipt of the submission in an email to National Business Lawyers.

When amendments to the application were renotified, objection letters were again received on 13 May 2004 from National Business Lawyers on behalf of the same neighbours. A separate letter submitted by one of the adjoining neighbours was received 7 May 2004, with a letter of acknowledgement being sent on 11 May 2003.

When the decision was made on the DA, letters were forwarded to the immediate neighbours who lodged objections with ACTPLA in accordance with the formal notification process. A letter was also sent to National Business Lawyers who acted on their behalf. These letters addressed the concerns raised by the neighbours in their letters of objection, and explained why the DA was approved.

(5) Under Regulation 43 and Item 5 of Schedule 7 of the Land (Planning and Environment) Regulations 1992, objectors to single house development applications are excluded from applying to the Administrative Appeals Tribunal to review a decision made on a DA, unless the property has been listed on the Heritage Places Register.

(6) It is not clear what provisions of the territory Plan the member is referring to; However it should be noted that all variations of the Plan is subject to disallowance for the Assembly.

(7) The Minister does not have the power to revoke an approval made by the Planning and Land Authority. The Land (Planning and Environment) Act 1991 allows an application to be referred to the Minister before a decision has been made by the Authority, however it does not allow the Minister to intervene once the application has been decided on.

Under the Land Act an approval can only be revoked if it was obtained by fraud or misrepresentation, or in relation to a place that is specified in the heritage places register or interim heritage places register - if the applicant is convicted of an offence under Part 6 of the Act.


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