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Legislative Assembly for the ACT: 2002 Week 8 Hansard (27 June) . . Page.. 2327 ..
thereby enhance the independence of planning in the territory. To that end, chapter 3 of the bill provides for the appointment of council members with a range of highly appropriate skills and qualifications. It will be a requirement that the authority refer certain matters, such as Territory Plan variations, to the council for advice. However, the authority may refer any matter to the council. The council will be obliged to respond to a request for advice.
Another important role of the council will be to provide expert opinion on significant development proposals before the authority makes decisions. In this regard, other states are using mechanisms such as independent hearing and assessment panels to provide decision-makers with advice prior to them making decisions on development applications. This mechanism has worked exceptionally well for the Liverpool and Fairfield councils in New South Wales.
Mr Speaker, under our proposed process, the council would give its perspective on the proposal and make a recommendation to the authority. The authority would then be free to adopt or reject the application, but it must take the views of the council into account. The government believes this will be a significant improvement to the territory's planning decision-making system.
Internal review of development application determinations
As part of the consequential and related amendments package, it is proposed to amend the land act to enable the authority to review and amend its decision on a development application. Such a review could only occur upon a request from the applicant. This change will enhance customer service by enabling the authority to participate in meaningful conflict resolution. Proponents or objectors would no longer be bound to go through a formal appeal process where matters can be easily resolved. Any substantial changes to the proposal would be required to undergo a new development application process.Decision-makers should have the ability to amend their decision in light of new material presented by the applicant, or following an adjustment to the original plans, which addresses either the concerns of the decision-maker or of objectors. This change will bring the ACT into line with other states and territories.
Staff of the authority
The staff of the authority will be employed under the terms of the Public Sector Management Act. The authority will provide support for the council's functions.Land Development Agency
The government will ensure that the land release program delivers a sustainable balance between strategic planning objectives, a fair return on the territory's land asset from land sales, and housing affordability. This government firmly holds to the view that the gaining of income from the sale of land should not drive planning. Therefore, the role of establishing the land release program for government endorsement will sit with the authority itself.
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