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Legislative Assembly for the ACT: 1997 Week 7 Hansard (26 June) . . Page.. 2324 ..

The exemptions will not apply where the listed activity may be inconsistent with heritage requirements, or is in connection with another development activity that is not itself exempted under the Schedules.

14. New regulation 22 exempts certain development from notification requirements:

. Schedule 4 lists development exempted from:

* notification to neighbours;

* notice in a daily newspaper or

* the erection of a sign; and

. Schedule 5 lists development exempted from notification in a daily newspaper and the erection of a sign - this is limited notification; in effect, consultation with neighbours.

However, no exemption applies where the activity may, in the Minister's opinion, be inconsistent with heritage requirements, or is in connection with another development activity that is not itself exempted from the same kind of notification, or form the requirement for approval.

15. New regulation 23 exempts certain development from applicant appeals, but only to the extent that the decision relates to the exempted activity. Development that is an encroachment, and a variation of a lease to add land to the lease, will not be appellable by an applicant.

16. Regulation 24 exempts certain development from third party appeals on development applications, but only to the extent that the decision relates to the exempted activity - other elements of the decision may be appellable. Schedule 7 lists the exempted development.

The exclusion does not apply where the activity may be inconsistent with heritage conservation requirements.

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17. These regulations provide for broader notification of development but, in response to the Stein Report, have effectively broken the nexus between notification of applications and appeals against decisions.

For example, standard residential development in particular will be subject to much more consultation with neighbours, but will not be subject to appeals if carried out in accordance with the limits set out in the Territory Plan.

Multi-unit redevelopment will be both notified and appellable. Only if multi-unit development is expressly permitted by the lease and meets standard planning requirements will it be exempted from full public processes.

18. Landscaping work in residential areas will not be subject to an approval unless:

. it affects the landscape of the land; and

. it would be inconsistent with any heritage conservation requirements that apply to the land.

19. The making of these regulations marks the end of a long and very difficult process of change in planning and land administration. The new legislation represents a giant step toward a better and simplified system of land administration in the Territory.

20. However, while I believe it is time to end the upheaval that resulted from the Stein Inquiry, the new legislation should not be seen as the end of change - there must be constant review, based on continued assessment of the various leasing and planning processes.

21. That assessment must be aided by careful and considerate balancing of the needs of the community and our ability to meet them.

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