Page 3097 - Week 10 - Wednesday, 15 September 1993
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In all objections put to me, the questions were not of the desirability of medium density development but of the need to ensure that it is good development. Mr Todd made two recommendations in his report. The first states:
In relation to residential development in urban renewal projects, there should wherever possible be consultation with lessees at the earliest possible stage of planning, as part of the process of planning itself before any kind of decision has been made, and entirely independent of later observance of statutory notification.
He came to this conclusion and recommendation following discussion of the culture of the planning process, which he sees as deficient. It is important to note that, since section 22, Braddon, was considered as a redevelopment proposal, several other significant areas of Canberra have been presented for potential redevelopment, including North Watson, North Duffy-Holder and the Tuggeranong Homestead site, each accompanied by strong criticism by local residents and community groups. It seems to me that it will be important for all of us to consider the detail of these proposals for draft variation with great care, insight and attention to the due processes involved.
The second formal recommendation of Mr Todd's report states in relation to the Land (Planning and Environment) Act:
Section 7(3)(c)(ii) should be amended to make it clear -
(i) that it is intended to be used only as a provision of general application;
(ii) that it does not apply to prevent review of a decision as to whether a development proposal complies with Development Guidelines.
Mr Todd quite rightly arrives at the conclusion that the question of whether the proposal does and can conform to the guidelines is a proper question that can be legitimately assessed through existing judicial processes. At the very least, the ACT Planning Authority could come up with development guidelines which were appropriate for the proposal, with reasonable expectations that they could and would be applied unless exceptional circumstances eventuated. Mr Todd draws attention to the recommendations of the Planning, Development and Infrastructure Committee with respect to the report on the draft variation to the Territory Plan entitled "The Territory Plan", indicating his concern about recommendation 10, which seeks to remove the role of the Administrative Appeals Tribunal in lieu of a new planning and land appeals board.
There are other aspects of this whole issue which have not been addressed and would be difficult to address at this time, including the stress that those people who sought to voice their opinions felt that the process imposed on them, the role of the Housing Trust, and to what extent it had a key role in facilitating this development. In conclusion, the inquiry into planning and development proposals, section 22, Braddon, has produced a significant report from Mr Todd and a challenge for members of this Assembly to address in the future the concerns raised. I am sure that it is our intention to do just that. The culture of
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