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Legislative Assembly for the ACT: 2010 Week 06 Hansard (Wednesday, 23 June 2010) . . Page.. 2280 ..


ACTPLA advises that zone objectives are necessarily broad. A planning system that attempted to list all possible developments in a zone would be unworkable; so definitions tend to categorise uses. By necessity, policies within a planning system are represented by broad objectives which are then clarified in subordinate policies and guidelines sometimes using examples. I think that we are all familiar with that in the legislative process.

Where an applicant chooses not to restrict the use for which a variation is sought, ACTPLA will consider the full range of uses that could be accommodated and that are likely to have the highest level of impact on, for example, noise, traffic, parking and residential amenity to name but a few. So the variation is assessed as if it will have the most impact possible under the use.

I think this is sensible, Madam Assistant Speaker, because it then provides the maximum protection for residents. In making a decision, ACTPLA may either refuse the application, approve the application or approve the application with restrictions on the use, but this requires a comprehensive assessment and analysis of available information and advice from relevant government agencies.

I hope that clarifies the matter somewhat, Madam Assistant Speaker. I am, of course, happy to provide further information should you require further clarification but I think that does go to address the technical aspects of the question you raised yesterday.

Personal explanation

MS BURCH (Brindabella—Minister for Disability, Housing and Community Services, Minister for Children and Young People, Minister for Ageing, Minister for Multicultural Affairs and Minister for Women): Madam Assistant Speaker, I seek leave to correct the—

Mr Corbell: I am sorry to interrupt, Madam Assistant Speaker, but I raise a point of order. There is far too much audible conversation in the chamber. Could you please ask members to quieten down? I cannot hear the members that are speaking.

MADAM ASSISTANT SPEAKER (Ms Le Couteur): Members, Mr Corbell could be right. Ms Burch, please continue.

MS BURCH: Thank you, Madam Assistant Speaker. I seek leave to correct the record regarding allegations put forward by Mr Smyth and others earlier today that I misled the Assembly in responding to Mr Doszpot’s motion. Let me be very clear that I have not misled the Assembly. Mr Smyth, indeed, has misled the Assembly—

MADAM ASSISTANT SPEAKER: Ms Burch, I understand you need to seek leave to make your statement.

MS BURCH: Can I seek leave?

Mr Smyth: Sorry, is this under standing order 46?


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