Page 533 - Week 02 - Wednesday, 20 February 1991

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the planning authority before those decisions have taken effect - something which is not available at present. This is one of the problems with the current system that we have in the ACT.

Unfortunately, Mr Speaker, the issue of planning appeals of this nature has been a problem for some years. My colleague Mr Collaery is well aware of the problems associated with this, as are many other residents. This is because, for some years, these issues came within the province of the old National Capital Development Commission and, as a statutory authority, the commission applied design and siting principles and other planning policies which had no basis in law. In other words, they were not statutory documents. These policies were without legislative back-up. In those days, of course, the NCDC had no legal obligation to consult at all. But, as I have already indicated in this place on another occasion, they were starting to work towards that view as self-government arose. Officers in the Interim Territory Planning Authority and residents that I have dealt with are fully aware of my views in relation to the rights of residents to be consulted in circumstances like this. I will continue to work very hard to ensure that these matters are raised as quickly as possible.

Mr Speaker, since self-government, section 73 of the Australian Capital Territory (Planning and Land Management) Act has provided that the policies of the NCDC which were gazetted in January 1989, the same date on which this policy was gazetted, now have statutory authority. During the transition period, which is still in place, these policies can be changed only for individual blocks on sections of land and not as general policies. In fact, Mr Speaker, it is not possible at this stage for us to change these policies because they are general policies, not specific policies.

I am advised, Mr Speaker, in response to a question from Mr Stevenson, that discrepancies in the survey of the site will be resolved when the walls are going up. The building section is keeping a close eye on the work and has requested an engineer's certificate for the footings. The applications, Mr Speaker, were dealt with as a group by the planning authority. In fact there are approximately 8,000 to 9,000 design and siting applications dealt with each year. About two-thirds to three-quarters of these are residential and are handled by three staff members. Applications were approved on 18 and 19 December. That is in response to those points raised by Mr Stevenson. I will take up the issue of the survey outside this place. We will continue our endeavours to resolve this issue.

Mr Stevenson: I raise a point of order under standing order 47. In regard to the point that Mr Jensen made about the 12 December approval for the plan, and two October


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