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Legislative Assembly for the ACT: 2005 Week 02 Hansard (Thursday, 17 February 2005 2005) . . Page.. 594 ..


Services, Minister for Urban Services and Minister for Police and Emergency Services): On behalf of the Minister for Planning and for the information of members, I present the following paper:

Land (Planning and Environment) Act, pursuant to subsection 229B(7)—Statement regarding exercise of call-in powers—Development application No. 200310406—Block 13, section 58, Turner, dated 17 December 2004.

I seek leave to make a statement in relation to the paper.

Leave granted.

MR HARGREAVES: On 23 November 2004, Mr Corbell directed under section 229A of the Land (Planning and Environment) Act 1991—the land act—the ACT Planning and Land Authority to refer to him development application 200310406. This notifiable instrument was notified on the ACT legislation register. On 17 December 2004, he approved the application using his powers under section 229B of the land act.

The application sought approval for the construction of an eight-storey building containing 64 apartments and two three-storey buildings containing 10 dwellings on block 13 section 58 Turner. The application also sought approval to vary the lease purpose clause to permit 74 dwellings and vary the development conditions and associated planning control plan attached to the crown lease to allow setbacks to the northern boundary of five metres for 25-metre high buildings and setbacks in accordance with the B11 area building envelope for buildings12 metres high.

In deciding the application, Mr Corbell gave careful consideration to the provision of tree protection measures for those trees to be retained and the achievement of sustainability initiatives. He imposed conditions on the approval that required the provision of protection measures for the two mature eucalypt trees within the site, the revision of landscaping to Northbourne Avenue, and the provision of additional details of the integration of stormwater retention and reuse within the site. This proposal is consistent with the requirements of the territory plan.

Mr Corbell used his call-in powers in this instance because he considered the proposal to have a substantial effect on the achievement of objectives of the territory plan in respect of the Northbourne Avenue corridor. The particular criterion in the land act, subsection 229B (2), provides that the minister may consider the application if, in the minister's opinion, the application seeks approval for a development that may have a substantial effect on the achievement or development of objectives of the territory plan. The proposal significantly contributes to the provision of a range of accommodation types in proximity to the facilities of the Northbourne Avenue corridor.

Section 229B of the land act specifies that, if the minister decides on an application, he must table a statement in the Legislative Assembly within three sitting days of the decision. As required by the act, and for the benefit of members, I have tabled on behalf of Mr Corbell a statement providing a description of the development, details of the land where the development is proposed to take place, the name of the applicant, details of his decision and grounds for the decision. With the statement, I have also tabled the comments of the ACT Planning and Land Council on this matter.


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