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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3515 ..

iv) following the initial hearing of proceedings on 21 March 1995 they believe that certain suggested modifications, as detailed on sketch plans lodged with the Board on 24 March 1995, would diminish the visual impact of the proposal referred to by the appellants.

STATEMENT OF REASONS:

The reasons for the above findings including those on material questions of fact are:

a) the proposed development would be included within the meaning of "building" as defined in section 3 of the Design and Siting Act, would constitute "development of land involving any aspect of external design and siting" within the meaning of that section and therefore be subject to section 5 of that Act and the provisions of Part VI of the Land Act as applied,

b) the decision on the proposal is subject to the provisions of the Territory Plan (refer to section 8 of the Land Act) but because the proposal relates to the final stage of the development of the property, held under a specific purpose lease granted on 31 January 1989, section 12 of the Land Act applies. Additionally, all planning conditions, requirements and guidelines relating to the property, established at the time of the grant of the lease, remain important matters for consideration in making a decision, and all approvals granted prior to and since the commencement of the Land Act remain effective, notwithstanding any possible inconsistency with the current Territory Plan,

c) on 26 September 1989, prior to the commencement of both the Land Act and the Territory Plan, the Interim Territory Planning Authority granted an approval in principle to the development of a four storey building along the Hannah Place frontage. The original maximum roof height restriction of RL 600 metres AHD however was left unchanged,

d) notwithstanding section 12 of the Land Act, the relevant provisions of the Territory Plan which are binding and which must be given consideration in any decision on the proposal are:

i) Part B I -Residential Land Use Policies, including the Area Bl "Area Specific Policies" which apply to the eastern part of the property and that land on which the proposed 3 and 4 storey buildings would be sited,

ii) Appendix III.2 - Residential Design and Siting Code for Multi-Dwelling Developments in the ACT,

iii) other General Policies including Part A2 Clause 3 (Principles and Policies of Residential Areas), Part A2 Clause 6 (Community Facilities and Services) and the Plan's Implementation Policies (Part A3 and Appendix I),

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