Page 1798 - Week 06 - Wednesday, 1 May 1991
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Association and a copy of their letter to the Acting Chief Territory Planner which draws out why they believe that they need extra time. They say:
Our advice is that the Draft Variation for Cook is invalid and it must be withdrawn. It serves no purpose to call for comments on such a flawed document nor will it enhance the professional reputation of the Authority.
Flawed documents have been given to the community and you are asking the community to respond on those flawed documents. I wonder whether the community would have a reasonable chance of taking that matter up through the Administrative Decisions (Judicial Review) Act. There are five reasons set out in the Cook Community Association letter as to why that variation is invalid. Firstly, there is improper notice. They say:
The advertisement in the Canberra Times on 12 April 1991 was confusing.
They say that the deadline should have been extended. They continue:
The second advertisement states, in bold capitalised letters: "These proposals are for the school sites only". This specifically excludes Section 13 Blocks 3, 5 7 and 8 in Cook.
That is another thing they have got wrong. It is certainly misleading. In Cook, for those of you who are not aware, it is not just the Cook school site. In a very devious move, as I said, they also proposed a variation for the preschool and a church site that nobody has even proposed to develop. There is no reason for a change in use.
The second point raised by the Cook Community Association is that submissions can be provided only by mail. As Mr Connolly has already pointed out, the 21 days is effectively 20 days and the submissions can be put in only by mail. They state:
The advertisements and the Draft Variations only permit delivery of written comments by mail to a Post Office Box. The lack of provision for hand delivery of submissions is in contravention of the intent of the ACT Interim Planning Act. It also effectively reduces the time for preparing submissions.
To be sure, you would have to submit those submissions by mail two days before. Therefore, those 21 days have been brought down to some 18 days.
Mrs Nolan: Come on, Michael.
MR MOORE: That is what you have done.
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