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Legislative Assembly for the ACT: 1996 Week 10 Hansard (5 September) . . Page.. 3142 ..

MR MOORE (continuing):

The developments concern the operation of a private hotel and public restaurant on the site, despite the provisions of the variation to the Territory Plan applying to the site and despite lease conditions. The committee questioned officials on this matter at a public hearing on 26 April 1996. The officials told the committee that, although the original approval was for residential apartments, they can be used for rental on a long-term basis, even extending to use as a private hotel. The officials said that the definition of "residential" in the Territory Plan included boarding houses and, in fact, uses the term "private hotel".

When this committee's predecessor considered the draft variation for this site in November 1993, it understood that the site would be used for residential uses, most likely by owner-dwellers, and not as a hotel. In light of what has happened since the Standing Committee on Planning, Development and Infrastructure made its decision, which was in most respects accepted by the then Government, the Planning and Environment Committee is concerned at the inability to draw a distinction between serviced apartments on a scale approaching a hotel and serviced apartments on a smaller scale.

The problem of definition in the Territory Plan does not give the committee confidence that the distinction between apartments for tourism and for residential on, for example, the Starlight Drive-In site in Watson will be capable of being enforced. I say as an aside, Mr Speaker, that that was a major part of the committee's consideration on that variation to the Territory Plan. The problem of definition also appeared to give unexpected results, such as serviced apartments not being allowed on a site having entertainment, accommodation and leisure land use, although a motel apparently is acceptable. The definitional problems and subsequent compliance difficulties are likely to cause public lack of confidence in the planning and land management systems.

The committee has written to the Planning Minister about this matter. Our letter was dated 7 June 1996. We have not yet received a response, although I understand that the Minister has a response in his hand. The purpose of this statement is to alert all members of the Assembly to this matter and to urge the Minister to address the issues and report speedily on what he perceives as the solution.

MR HUMPHRIES (Attorney-General and Minister for the Environment, Land and Planning): Mr Speaker, I was going to make a statement, but I might just table a letter I am sending today to Mr Moore on the subject.

MR KAINE: Mr Speaker, I seek leave to make a short statement on this matter.

Leave granted.

MR KAINE: Mr Speaker, I have some real concerns about the development of this site in Kingston. I was a member in 1993 of the Planning, Development and Infrastructure Committee which considered it initially, and there was great public concern and opposition to this development taking place in the first place. They were so persuasive that I, as a member of that committee, did not support the development. I put in a dissenting report, and I did so on the grounds that the public arguments against this development were strong and persuasive.

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