Legislative Assembly for the ACT: 2021 Week 02 Hansard (Thursday, 11 February 2021) . . Page.. 534 ..
(4) Why has the ACT Government begun enforcing compliance with this rule for owners of as-yet undeveloped blocks, in light of the fact that many houses that do not comply with Rule 37A have already been built on these blocks.
(5) Can the Minister provide a clear description of how a dwelling built on a non-corner compact block on the eastern side of Lionel Rose Street, Holt, can structurally comply with the minimum rear boundary setback of three metres and Rule 37A regarding solar access.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The Holt Estate Development Plan was given development approval on 4 April 2016 prior to the introduction of Rule 37A into the Single Dwelling Housing Development Code on 7 September 2016.
(2) No. The planning and land authority (the authority) does not have general legislative powers to issue exemptions from planning requirements.
(3) The planning and land authority (the authority) does not have general legislative powers to issue exemptions from planning requirements. The exemptions from the requirement to obtain development approval are set out in Schedule 1 of the Planning and Development Regulation 2008. For residential development, a lessee needs to comply with all provisions of the Single Dwelling Housing Development Code, including rule 37A, in order to be exempt from requiring development approval.
The authority can issue an exemption declaration in limited circumstances, as set out in section 1.100A and 1.100AB of Schedule 1 of the Regulation. However, this does not include non-compliance with Rule 37A.
Where a development does not comply with Rule 37A, and is therefore not exempt development, a development application is required and will be assessed against Criterion 37A.
(4) The sites were selected at random as a part of a proactive audit program. Properties that had already been issued with a Certificate of Occupancy and Use (COU) were not audited.
(5) The Single Dwelling Housing Development Code allows a 0 metre setback on the northern boundary. However, this does not mandate a 0 metre setback and a dwelling could be designed to be set back further to help achieve compliance with Rule 37A.
It may not be possible to meet the requirements of Rule 37A in every instance. In this case, there is an ability to lodge a Development Application (DA) to be assessed on its merits against Criterion 37A.
Planning—transmission lines(Question No 16)
Mrs Kikkert asked the Minister for Planning and Land Management, upon notice, on 4 December 2020:
(1) Noting that certain residents in Lionel Rose Street, Holt, purchased blocks and built homes without any knowledge of the 330kV transmission lines that would be erected