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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3512 ..

The Board considered the following documentary evidence:

a) the Application for Review of Decision lodged by the applicants, including later submissions,

b) a submission by the ACT Planning Authority,. including additional documentation lodged,

c) responses by the applicants and the ACT Planning Authority to a submission by the third parties J and R Hindmarsh lodged with the Board on 24 March 1995,

d) plans, sketches and photographs lodged by the parties,

e) the Deakin Anticline Conservation Plan, May 1988, published by Anutech Pty Ltd and Strine Design.

FINDINGS:

Upon reading all submissions, inspecting the subject land and hearingevidence from the parties and others, the Board hereby determines that the decision under review be varied as follows:

a) The proposal and plans, as approved with conditions by the ACT Planning Authority, are to be varied so that the plans are amended to reflect the suggested modifications submitted to the Board by J and R Hindmarsh on 24 March 1995. The sketches of the suggested modifications are to be used as control plans and the amendments completed to the satisfaction of the ACT Planning Authority,

b) A condition is to be added requiring the third party J & R Hindmarsh, in the absence of any jurisdiction of the Heritage Council of the ACT, to consult with the Australian Heritage Commission on the implementation of the Deakin Anticline Conservation Plan to ensure that the development does not, in the opinion of the Commission, unacceptably affect the heritage values of the Anticline and that appropriate access as defined by the Commission is not compromised.

CLAIMS BY PARTIES:

a) The ACT Planning Authority claimed that -

i) the application was approved subject to conditions after consideration of all issues including the objectors' concerns, as it was considered with these conditions the proposal would acceptably meet all legal and planning requirements of the Territory,

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