Page 1547 - Week 05 - Thursday, 15 May 2014
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I will now explain the proposed amendments in more detail. Territory plan variation, development assessment and appeal processes apply to all geographical areas in the territory. There can be delay in the progress of development if it is necessary to go through the territory plan variation process, which can take up to 18 months to complete, and appeal processes which can take months or even years. To minimise any delay in relation to the construction of this important mental health facility and to ensure that development is fast-tracked, as agreed upon by the Assembly in its debate last August, the bill introduces the concept of a special variation of the territory plan that is specific to the Symonston site only.
The bill inserts a new part 5.3A into the Planning and Development Act. New division 5.3A.2 requires the Planning and Land Authority to prepare an instrument to make a draft plan variation of the territory plan in relation to the Symonston mental healthcare facility. The authority must consult with the National Capital Authority and the public on the draft special variation. Public consultation on the special variation must be for a period of not less than 15 working days. This represents a reduction in the normal public consultation period for a draft territory plan variation from 30 to 15 working days.
However, given the Assembly’s agreement to fast-track the development, this reduction is considered a reasonable one. It is considered that 15 working days provides a good balance between reducing delay and still giving the public an adequate period to comment.
Other public consultation requirements remain the same as for a typical draft plan variation. For instance, copies of the draft special variation and any comments made on the variation must be made available for public inspection. These are new sections 85E and 85F. Unlike the process for draft plan variations, the Planning and Land Authority must give this draft special variation to the executive rather than the minister. This is provided for in new section 85G. After consideration, the executive can return the draft special variation to the authority to conduct further consultation or withdraw the variation or approve the special variation.
The bill therefore provides some important safeguards in relation to the special variations for the executive to consider. New section 85I requires that the executive can only make a special variation if the executive has considered the Planning and Land Authority’s consultation report, considered that the special variation facilitates the Symonston mental health facility and considers that there is no substantive public policy reason for the facility not to proceed.
The bill is site-specific for the mental healthcare facility and requires the variation to be given to the executive, and for the executive to consider the outcomes of public consultation. The bill provides that the executive may make an instrument to vary the territory plan in relation to the Symonston mental health facility. This is provided for in new section 85H. It can only make the special variation if there has been the required consultation with the NCA and the broader public and the executive considers the special variation will facilitate the mental health facility at Symonston and there is no substantive public policy reason for the facility not to proceed.
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