Hansard - ACT Legislative Assembly

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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3514 ..

ii) the making of the decision was an improper exercise of the power conferred by the Buildings (Design and Siting) Act 1964 and breaches requirements of the Land(Planning and Environment)Act l991 in that:

. procedures that were required by law to be observed in connection with the making of the decision were not observed,

. the decision was not authorised by the enactment under which it was purported to be made,

. the decision is inconsistent with the relevant provisions of the National Capital Plan,

. the decision maker failed to take into account relevant considerations, and purported to exercise a discretionary power in accordance with a policy without regard to the merits of the particular case,

. the reasons given for the decision to approve the application are not grounds in fact, do not address the major concerns raised by the objections, and show no evidence or other material to justify the making of the decision,

. the decision maker did not take into account longstanding and continuing breaches of the lease when making the decision,

. the proposed development reduces the amenity of adjacent blocks and also the amenity available to the sub-lessees of the land itself,

. the decision maker disregarded significant heritage factors when making the decision,

iii) the development purported to be approved under the decision is an overdevelopment of the site, that in addition to being contrary to law, is not in the spirit of development undertakings made to the public and does not provide or preserve promised amenities.

c) the third party claimed that -

i) it is in the public interest that the Board endorse the decision of the ACT Planning Authority and such endorsement would not disadvantage any of the three appellants,

ii) if the appeal were to be allowed many people, including in particular 90 residents of The Grange Deakin would be adversely affected,

iii) they believe the ACT Government's response to Question No 1472 in the ACT Legislative Assembly provides a summary of the reasons for the decision as well as refuting some incorrect assertions regarding both the development and the design and siting proposal under consideration by the Board,

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