Page 3510 - Week 12 - Thursday, 19 September 1991
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As such, if applications to conduct designated activities, including development, are in accord with the policies and conditions set out in the plan, there should be a reasonable expectation that those applications will be approved. It follows that, if applications are lodged in accord with the plan, they should not be open to further public consultation and possible challenge by third parties.
Automatic approval or "as of rights" development was first raised by the commercial sector during the first round of public consultation. The concept proposed was that the development rights accorded in any lease would be the rights defined by the plan. The Government considered this proposal but rejected it as being inconsistent with the essential characteristics of the ACT's system of leasehold land tenure, where the conditions relating to a lease, including its land use, are set out in a lease document. Further, a full "as of rights" scheme would in practice necessitate a detailed and highly prescriptive Territory Plan and could lead to an inflexible and unresponsive planning system.
The Government believes that greater predictability can be introduced into the planning and land management system if applications which accord with the Territory Plan are not subject to public notification and third-party appeal. The legislation enables the plan to specify the circumstances where applications would be exempt from these provisions. The extent of such exemptions will be determined in the context of consultation on the forthcoming major variation to the Territory Plan.
Recognising the importance of the relationship between the plan and the legislation, particularly the issue of third-party appeal rights, the Government will not commence the legislation until after the Territory Plan has been released for public consultation and consideration by this Assembly.
Before I leave the issue of appeals, I would like to highlight the fact that the appeal rights in relation to leasing matters have been greatly simplified. Not only is the entire leasing process open and subject to scrutiny by the community, government and the Assembly, but this Bill also does away with the costly and time consuming appeal mechanisms associated with existing legislation such as the City Area Leases Act. I am sure that all sectors of the community will welcome these initiatives and the fact that any appeals will be the province of the AAT.
The second issue, which in recent months attracted considerable comment in the community and in this chamber, relates to charges for the renewal of residential and commercial leases. It is apparent to the Government that there is a strong view in parts of the community that commercial and residential lease renewals should not be treated on the same basis. Although the Government will be
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