Page 718 - Week 05 - Wednesday, 5 July 1989
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
and move:
That the Assembly takes note of the paper.
Debate (on motion by Mr Kaine) adjourned.
PLANNING APPEALS TRIBUNAL
Discussion of Matter of Public Importance
MR SPEAKER: I have received a letter from Mr Collaery proposing that a matter of public importance be submitted to the Assembly for discussion, namely:
The urgent need for an accessible and affordable planning appeals tribunal for the Australian Capital Territory.
MR COLLAERY (3.28): Mr Speaker, in submitting this matter of public importance, I indicate that all the mainstream parties that came to this election - and the Rally is mainstream because it came out of the community - supported the notion that there be some form of appellate review of planning decisions. The form of that review is a matter that should not require very much time for this Government to resolve. In fact, the Residents Rally supports the setting up of a specialist tribunal to examine planning and environment appeal matters. Its functions and role would be to hear appeals against decisions of the territorial planner on approval or refusal of development applications. I say very early in this matter, Mr Speaker, that the Rally's interest is to bring certainty to the system, and all my comments relate as much to petitioners against developments as to petitioners for developments.
The other functions and role that the Rally sees would be to resolve questions of interpretation of policy plans; to consider objections lodged against an application for development approval; to determine whether environmental impact survey has properly and fully addressed the environmental questions involved; to determine whether the financial estimates given with a development application are reasonable; to hear applications for change of lease purpose clauses in crown leases and the hearing of objections to valuations for betterment, direct grants and extensions of lease terms.
In respect of direct grants, that aspect clearly illustrates the issues before the Territory at the present time, which are: Who has standing before the tribunal, and can the community legitimately involve itself in direct grants? On the Rally's interpretation, this body would allow any bona fide resident of the ACT to have standing in that issue. The tribunal would be entitled to dismiss summarily any objection or appeal which is considered to be frivolous, vexatious or otherwise lacking in substance. There may well be an award of costs against such a
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .