Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 7 Hansard (26 June) . . Page.. 2323 ..

8. There are several important definitions added by these regulations. In particular, "adjoining", in line with the Stein recommendation, and "minor development" are defined.

The regulations now also define what are to be `exempt buildings or structures' for the purposes of determining what development activity does not require approval. This merely continues the exemption of work not required to be approved under the Building Act 1972.

9. Certain activities will be considered to be consistent with permitted uses under a lease in the appropriate circumstances, and therefore not in breach of the lease. Those activities are:

. the use of premises for confidential services (such as a domestic violence crisis service), or for a special dwelling, if the Minister determines that the use is in the public interest; and also

. the parking of heavy vehicles in residential areas if that activity is approved under the Motor Traffic Act.

10. In accordance with the Government's response to the Stein Report, the prescribed period for determination of development applications is now 30 days, or 45 days if any person has objected. That period may be extended where other related processes are required before a decision may be made - those other processes are:

. preliminary assessments;

. environmental Assessments; and

. Inquiries under Part IV of the Act.

11. Also in accordance with our response to the Stein Report I, as Minister may extend the prescribed period at any time upon the written application of the applicant. However, the Act provides a final time limit of 6 months for approval, or 12 months in cases involving a further process such as an environmental assessment or a Territory Plan variation.

12. The period for objecting to a development application has been amended, so that:

. where notice of an application has been published in a daily newspaper, the period is 21 days commencing on the day the notice is published;

. where only adjoining lessees are to be notified, the period is 14 days from the latest notice to such a lessee;

. if no public notification is required, the period for objection ends on the day before the application is approved or refused.

13. Under the new regulation 21, certain types of development will not need to be approved under the Act. Schedules 1, 2 and 3 to the regulations list the following exempted development:

. Schedule 1 lists those types of development unconditionally exempted;

. Schedule 2 lists development exempted if that development would be consistent with any relevant guidelines or standards adopted by the Planning Authority; and

. Schedule 3 lists development exempted if it is consistent with an implementation plan under the Buildings (Design and Siting) Act 1964.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .