Legislative Assembly for the ACT: 2011 Week 14 Hansard (Thursday, 8 December 2011) . . Page.. 6114 ..
(a) See 6(h) above. Notification will include:
i. notification to the adjoining lessees;
ii. sign/s on the block; and
iii. advertisement in the Canberra Times.
(b) The lessee will pay an application fee in accordance with the ESDD approved fees and charges.
(Question No 1981)
Ms Le Couteur asked the Minister for the Environment and Sustainable Development, upon notice, on 8 December 2011:
(1) How can car parks in multi-unit development residential developments be separately unit titled.
(2) Has the ACT Planning and Land Authority (ACTPLA) looked into this issue.
(3) Has ACTPLA investigated any other ways that car parks could be shared, for example, time-sharing, for residential use on weekends, but worker use during the weeks for areas close to employment areas; and maybe in areas around Kingston, for Bus Depot market users on weekends, and residents/workers on weekdays.
Mr Corbell: The answer to the member’s question is as follows:
(1) The relevant Zone in the Territory Plan must first permit car park as an assessable development and secondly the Crown lease must also permit car park as a stand-alone use. Variation of a Crown lease to include “car park” as a permitted use can only occur prior to a units plan being registered as, once registered, no units can be added to a units plan even if the purpose clause permits the use. Further, car spaces may only be created as a separate unit if they are surplus to the on-site car parking requirements generated by the development.
(2) The parking provision rates in the Parking and Vehicular Access General Code of the Territory Plan take account of factors such as the availability of public parking and the potential for shared parking with neighbouring developments, particularly in commercial zones.
(3) Once a block is sold, the Crown lease determines the permitted uses. It is a matter for the developer or the Owners Corporation to determine the appropriateness of public use as this may create liability issues for the owner/s of the development. Please refer to (1) above.
(Question No 1982)
Ms Le Couteur asked the Minister for the Environment and Sustainable Development, upon notice, on 8 December 2011 (redirected to the Acting Minister for the Environment and Sustainable Development):