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Legislative Assembly for the ACT: 1996 Week 3 Hansard (27 March) . . Page.. 716 ..

MR HUMPHRIES: Mr Speaker, I have also met with residents from Liverpool Street in Macquarie and had discussions with them about the concerns they have about particularly two businesses operating in that street. I might say that the advice given to me is that there are a number of issues to be examined in the context of those complaints. As with all those sorts of matters, they often revolve around exactly what is going on. Residents will make certain statements or express a view about what they think is happening on those sites. The people who occupy the sites will express different points of view. The department officers who examine these matters are left in the position of having to try to find out what exactly is going on when there is sometimes quite bitter conflict between those two parties. My department is well aware of accusations that those sites are being used for on-site motor vehicle repair businesses. Those sorts of businesses are not, by themselves, contrary to the present rules applying to home businesses. It is possible for motor vehicle repairs to be conducted on a residential lease under a home business or home occupation - - -

Mr Moore: Under strict circumstances.

MR HUMPHRIES: Under strict circumstances. They are not very common and they can occur; but certainly the question in this case is whether the conditions under which they are proposed to be or are actually being conducted on those two sites in Macquarie breach the conditions which might reasonably be imposed or should not, under any circumstances, be allowed anyway because there cannot be reasonable compliance with conditions that one would expect to see in a residential lease. So, Mr Speaker, I have met with the residents, as I have said. I am examining their concerns. I have asked the department to advise me further, and in due course a decision will be made.

MS HORODNY: I have a supplementary question. What sort of monitoring and policing is going on at the moment in the ACT in regard to other home businesses?

MR HUMPHRIES: Mr Speaker, to give a comprehensive answer to that question I will probably have to take it on notice; but can I say that, broadly speaking, the Department of Urban Services operates a reactive service in these circumstances. When people complain about particular things happening in their street, the complaint is registered by the department. People then go out to see what is going on. They may come to the home of the person concerned, on an appointment or without an appointment, to see whether the allegations, for example of noise, noxious fumes, smoke or whatever, are borne out by what is actually happening there. There is not a roving inspector who roves around the streets to look for these things, but there are people who will respond to people's complaints. That is probably a reasonable mechanism, Mr Speaker. If no-one complains about something, even if it is in breach of a lease, I think it is probably reasonable to expect that it should be allowed to continue. But, if people do raise a concern, then clearly we have to react to that. There may be more to that situation than I have given in this answer, and I am very happy to take on notice any elements I have left out and get back to Ms Horodny.

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