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Legislative Assembly for the ACT: 2003 Week 5 Hansard (8 May) . . Page.. 1689 ..


deciding on a development application that relates to

residential buildings intended to be higher than three storeys and more than 50 units; or

buildings intended to have a total floor space of more than 7,000 square metres;

or buildings or structures intended to be higher than 28 metres; and, finally,

deciding applications to change concessional leases into leases that are not concessional, sometimes referred to as "paying out"the concessional status of a lease.

The authority is not required to seek the advice of the council if the council has already effectively advised about the particular matter.

There will always be perfectly reasonable arguments put forward that a wider range of issues should be forwarded to the council for advice. In forming those arguments, I believe we should keep in mind the following facts:

The council is to be a part-time body of not more than seven expert members.

It is an advisor to the authority and the minister on significant policy issues, not on the majority of development applications or on "ordinary"process.

These regulations do not define or limit the matters that might be referred to the council, only those matters which must be referred.

I believe the range of matters proposed in these regulations is appropriate, given the function of the council and its resources. I should also note that this government proposes to engage the community in discussion on significant policy issues. That will ensure a much more informed debate on planning and land issues with potential to deliver a vastly improved range of outcomes.

The regulations also provide, at clauses 5 to 8, for the content, and acceptance by the minister, of the annual business plan of the Land Development Agency. The requirements are similar to those that currently apply to the Kingston Foreshore Development Authority.

In each financial year the agency is to provide a plan that sets out:

a statement of expected performance over the next four years;

a statement of the expected financial position for the next four years;

an explanation of any variation from a previous plan; and

a statement of the main challenges and opportunities for the next four years.

A draft business plan is to be submitted to the minister for comment and ultimate acceptance. Clause 8 provides for variation of the business plan through a similar process. These business plan regulations are substantially machinery provisions, but they are important because they provide for the effective planning and giving of information about the territory's principal public development agency.


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