Legislative Assembly for the ACT: 2011 Week 08 Hansard (Thursday, 18 August 2011) . . Page.. 3464 ..
The site contains a pitch and putt golf course and an associated building. The site is currently accessed via footbridge. No direct vehicular access is provided. The site contains a number of service easements that dissect the current golf course. There are also easements for emergency access which are specified in the Crown lease.
The application has been assessed in accordance with the requirements of the Planning and Development Act 2007. The application was referred to Environment and Sustainable Development Directorate (ESDD) Planning Services for advice on whether the DA raises any significant policy issues, particularly surrounding potential conflict between the proposed commercial uses permitted and those in the Town Centre. Planning Services confirmed that no significant policy issues exist.
The site adjoins two water courses. The Territory and Municipal Services Directorate (TAMS) and the ESDD City Planning Division were asked to provide comments on the potential for the site to be affected by flood. The advice received was that any potential from flooding would be reduced if a proposed development of the site were generally proposed to be 300 mm above the 1:100 year flood level. The approximate location of the 1:100 flood level determined by ACTPLA would leave sufficient room for a redevelopment of the site in accordance with the proposed uses.
Pursuant to Division 7.3.4 of the Planning and Development Act, the application was publicly notified from 28 April 2011 to 18 May 2011. One hundred and five written representations were received during the public notification period, and four were received thereafter (outside the timeframe).
Concessional status of the lease
Numerous representations have suggested that the Crown lease was granted with a concession. The Crown lease is a “possibly concessional lease” in accordance with Part 5.3 item 8(a) of Schedule 5 of the Act. An initial investigation of the files indicates that market value was paid for the lease which would indicate that the lease is not concessional. The proponent has not submitted an application to ACTPLA to determine the concessional status of the Crown lease to date. To ensure that the status of the Crown lease is clear to the community. It is the ACTPLA’s intention to determine the concessional status of the lease after further research, on its own initiative, in accordance with s258 of the Act.
Referral of application
The DA was referred to the Minister for the Environment and Sustainable Development to consider exercising his call-in powers under s159 of the Planning and development Act. The Minister is currently considering the matter.
Crimes (Certain Penalty Increases) Amendment Bill 2011
Mr Corbell, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.
Title read by Clerk.