Page 3687 - Week 12 - Tuesday, 21 November 2006
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… the better view is that the Controls in Part B3 of the Territory Plan do not operate in a way that prevents an outlet centre such as that apparently contemplated for Block 8 by Austexx Developments … from having a building area in excess of 3,000m2 provided that each shop in the building or buildings constructed on Block 8 does not exceed the relevant floor area specified in the Controls.
This legal advice says that, in the government solicitor’s view, the better interpretation of the territory plan was that you could have multiple retail shops as long as the shops individually did not exceed 3,000 square metres in size. That is the advice from the government solicitor. This is legal advice that confirms ACTPLA’s position. This is legal advice that confirms the government’s position that a retail outlet is permitted on the site and that individual shops, as long as they do not exceed 3,000 square metres in size each, are permitted on the site. That is the advice from the government solicitor.
To construe this document in any other way is mischievous and misleading because this advice is quite clear. The government solicitor confirms that, on balance, the interpretation of the territory plan by ACTPLA is the correct one. That is what this advice confirms. To suggest otherwise is mischievous and misleading and a desperate attempt by those opposite to try to justify their position in the face of evidence to the contrary.
MR MULCAHY: Thank you, minister. Why was the advice sought just 23 days prior to the auction?
Mr Seselja: It sounds like there was still uncertainty 23 days before.
MR SPEAKER: Order! Mr Seselja, cease interjecting.
MR CORBELL: The advice was sought following a request from Austexx, a potential bidder. What does the opposition think we should do, ignore it?
Planning—EpiCentre lease
MR SMYTH: My question is to the Minister for Planning and relates to the EpiCentre sale. Minister, advice provided by the ACT Government Solicitor to ACTPLA prior to the EpiCentre auction stated that there were several courses of action available to ACTPLA, ranging from cancelling the auction to:
… advising Austexx that it should rely on its own legal advice …
Minister, on 8 December 2005 ACTPLA wrote to Austexx and, instead of taking the government solicitor’s advice, wrote:
Our interpretation … of the Territory Plan … does not accord with the company’s legal advice …
Why didn’t ACTPLA follow the advice of the ACT Government Solicitor and tell Austexx to rely upon its own advice? Why did it instead state it did not agree with the Austexx advice?
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