Page 2914 - Week 09 - Thursday, 18 September 2014
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proposals is a vast improvement on the previous system, whereby a DA would suddenly appear on the current development proposal list and the community would have a very short time to figure out exactly what the development was, what the impacts would be and whether or not they would be able to make objections of any value—noting that objections of value need to be within the constraints of the territory plan. So every concerned resident suddenly needed a crash course in the complexities of the ACT planning system in order to be heard usefully.
This bill requires pre-DA consultation that enables developers to understand any concerns in the community at an early stage, leaving enough time for them to adjust the development proposal to reduce the negative impacts on the community accordingly.
Sometimes community concerns are very simple and just require an adjustment to parking or where a driveway or a waste collection area is located. Sometimes they are larger concerns about the size or bulk of a development. In any case, giving the developer feedback at an early stage is preferable for both the community and developers. The results of this requirement have been beneficial for all stakeholders—community, developers and government alike.
Four years ago all members of this Assembly were almost drowning in community complaints about development applications, particularly in-fill developments in our older suburbs. There have been quite a few changes to our planning and development system since then, which have alleviated many community concerns, including creating legislative consistency around improved notification of upcoming building work, such as signage on-site; improved consultation with adjoining residents, including extending the notification period; improved regulation around overshadowing and better solar protections; improved regulations around overlooking neighbouring properties; and of course, significantly, this improved requirement for pre-DA consultation that I have spoken of.
I think the MLAs who have been here since the previous Assembly would agree that the level of community concern over development applications has reduced in recent years. Certainly at the time that pre-DA consultation was inserted into the Planning and Development Act there was diverse community support for it and recognition that it should apply more broadly, which is why it now applies to larger buildings and proposals for deconcessionalisation.
The basic intention of this simple legislation I am tabling today is to encourage community consultation by proponents. This proposal is not at all designed to encourage call-ins. On the contrary, it is designed to encourage proponents to hear the concerns of the community and for the community to understand the intent of proponents before either side is locked into an oppositional or intractable position.
I note that back in 2011, in relation to the proposed development at the Jamison Inn site, the ACT Government Architect, Alastair Swayn, publicly stated that the development process should be less adversarial and that if developers made more effort to meet informally with various community stakeholders then planning outcomes would be greatly improved. Although informal meetings are useful, it is
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