Page 1845 - Week 06 - Thursday, 14 May 2015

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The proposed approach is also more flexible and more comprehensive because it permits the minister to require further community consultation, following an initial review, prior to a call-in and so permits the minister to take steps to address any shortfall in community consultation to that point. This is a significant measure.

I also note that the government amendments to the bill include a provision to make it clear that the call-in power does not apply to development applications assessable in the code track. This feature is put forward to make this position clear. The relatively minor nature of code track development applications means that these are simply not appropriate for the exercise of the call-in power. This is the effect of proposed amendments in new section 158(1A) in clause 5 of the bill.

For all of these reasons I believe the proposed approach of the government is a more effective and comprehensive method for addressing the underlying issue of community consultation and the exercise of the call-in power. I commend the government amendments to the Assembly and thank members for their assistance.

MR COE (Ginninderra) (4.57): The Canberra Liberals will be supporting the Planning and Development (Call-in Power) Amendment Bill 2014. We have all seen examples of development proposals that are controversial but might have been more palatable for the community if consultation had actually taken place. Local residents and community groups are often better placed than proponents to know the impact of a development in their local area. It is local residents who understand traffic and parking implications from their own day-to-day experience. Local residents are also the ones who have to deal with any negative impacts from a development going into the future. We are not saying, of course, that the local community should necessarily have the final say in every development decision. However, where discussion takes place, proponents and the community can work together and get a better outcome.

This bill is designed to encourage community consultation before a development application is submitted for some DAs. Although the bill does not require community consultation for every development application, community consultation will be a prerequisite for the minister calling in an application. This means that any development application that may be considered controversial should have community consultation to make sure that it is eligible for the minister to then call it in.

The current legislation requires community consultation for the following types of projects: a building for residential use with three or more storeys and 15 or more dwellings, a building with a gross floor area of more than 5,000 square metres, a building or structure more than 25 metres above the finished ground level, or a variation of a lease to remove its concessional status.

Under the provisions of this bill, proponents of these types of projects will continue to have no choice about whether to consult with the community. However, proponents of other types of projects may now be required to consult if they want their project to be eligible for a ministerial call-in. This could have some relevance for any projects under the Mr Fluffy scheme.


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