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Legislative Assembly for the ACT: 2000 Week 11 Hansard (29 November) . . Page.. 3349 ..

MS TUCKER (continuing):

I have also included a transitional provision in my bill such that development applications for single houses that are still being processed by PALM at the time the bill comes into effect will not be subject to appeal. The bill will apply only to development applications lodged after the bill comes into effect.

In conclusion, this bill will simply revert the third party appeals rights available for development applications for single dwellings to what existed before 1997 when the Liberal government tightened planning appeal rights.

Debate (on motion by Mr Smyth ) adjourned to the next sitting.

Mr Corbell , pursuant to notice, as amended by leave, presented the bill and its explanatory memorandum.

Title read by Clerk.

MR CORBELL (10.44): Mr Speaker, I move:

Mr Speaker, this bill follows on from the wide-ranging debate that this Assembly has had over the past 18 months particularly but more since the history of self-government on the issue of the change of use charge. Members will be aware that earlier this year the minister asked the Assembly to consider a proposal to permanently set the level of the change of use charge at 50 per cent. The Assembly rejected that proposal and, in effect, endorsed a move to restore the change of use charge to the default rate of 100 per cent.

A few months ago the minister for planning, Mr Smyth, introduced in the Assembly a proposal to set the rate permanently at 75 per cent. The Assembly chose on that occasion to consider setting the rate at 75 per cent only on a temporary basis until the Assembly could consider other issues relating to the proper administration of the change of use charge.

The bill I have presented this morning is meant to establish a new framework for the administration of the change of use charge in the territory. First and most importantly, Mr Speaker, the intention of the bill is to ensure that the default rate of the change of use charge in the territory is 100 per cent. The bill then makes provision for all or part of the change of use charge to be waived by the executive under a broad scheme which would be by an instrument disallowable by the Legislative Assembly.

Mr Speaker, the purpose of this proposal is to ensure that the change of use charge can be waived in particular circumstances where this Assembly agrees that it is appropriate either to encourage redevelopment in a particular area or to encourage certain principles in relation to sustainability and better design outcomes for buildings.

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