Page 1251 - Week 03 - Thursday, 22 March 2012

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(2) Regulatory Impact Statements are prepared within the Environment and Sustainable Development Directorate.

(3) Regulatory Impact Statements are used to identify objectives, options and any mutual recognition issues and to provide an analysis of costs and benefits. The statements are prepared taking into account the Legislation Act, Treasury Guidelines, and the Terms of Reference of the Scrutiny of Bills and Subordinate Legislation Committee.

Planning—development applications
(Question No 2095)

Ms Le Couteur asked the Minister for the Environment and Sustainable Development, upon notice, on 23 February 2012:

(1) When development application approvals are made with a range of caveats which require changes to the plans submitted, what processes are undertaken to ensure that the required changes are made in the plans.

(2) How often are development applications approved without the final plans being provided.

(3) What rules apply in this situation and how is the decision made.

Mr Corbell: The answer to the member’s question is as follows:

(1) The applicant is required to submit the revised plans to the ACT Planning and Land Authority (ACTPLA) in accordance with the conditions of approval. ACTPLA will assess that the conditions have been satisfied and if so stamp the approved plans and release them to the applicant. If plans require changing as per the conditions of approval they are not stamped and released until the relevant condition has been satisfied.

(2) It is not unusual for a condition of approval to be imposed that requires changes to the plans submitted, particularly for larger more complex development proposals.

ACTPLA does not monitor how often development applications are approved without the final plans being provided however it would be expected to be less than 10% of decisions made.

(3) Section 165 of the Planning and Development Act 2007 permits that conditions may be imposed on a development approval requiring changes to be made to any plan, drawing, specification or other document forming part of the application for approval.

The decision maker will give consideration to whether the required change can be adequately described via a condition imposed on an approval, or if the applicant should be required to provide further information prior to the decision being made. Frequently the wording of a condition, and when required an attached annotated plan, is sufficient to describe the changes required without the need for the submission of final plans prior to the development application decision being made.

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