Page 4145 - Week 13 - Thursday, 6 December 2007
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(3) If the definition is decided on a case-by-case basis, what are the criteria for determining the definition.
Mr Barr: The answer to the member’s question is as follows:
(1) & (3)
Land (Planning and Environment) Act 1991 - Section 239 - the ACT Planning and Land Authority may, on request by a person making an objection, exclude the identity of any objector from being made available under section 237(5) or section 238 of the Land (Planning & Environment) Act 1991 (the Act) if, in the Authority's opinion based on reasonable grounds, it would not be in the public interest for that identity to be published.
The purpose of the public notification process is to provide the community an opportunity to comment on certain types of development proposals. It also provides the development proponent an opportunity to address any concerns raised during the notification process with the aim of achieving the best outcome for the site and the neighbourhood.
Once an objection is received and the objector has requested their identity be kept confidential, it is brought to the attention of the team leader of the Applications Secretariat. The team leader, in consultation with the Principal Officer, determines on a case-by-case basis if confidentiality is warranted.
Grounds for granting confidentiality generally include but are not limited to:
• where evidence has been provided that there have been cases of conflict and/or aggression between neighbours - often these cases have been reported to the police. (Approval to keep an objectors identity confidential is generally not given when the objector states, “they think their objection will upset the neighbour and may cause conflict”);
• where an Apprehended Violence Order is in place; and
• a person’s job requires their name and place of residence to be kept confidential. For example, Department of Community Safety case workers, some members of the Police force, private investigators etc. (These people have generally had their personal details removed from the Land Titles register as well).
Once a decision has been made to either approve or refuse the request for confidentiality a letter detailing the decision is prepared and forwarded to the objector.
If the application is approved appropriate steps are taken to remove the identity from the objection and the public register is updated accordingly. The applicant is then sent a copy of the objection with the identity of the objector removed.
In the case where a request is refused the letter to the objector provides them with the following options:
• supply additional information to support their request for confidentiality;
• withdraw the objection, in which case it will be not considered during the assessment of the Development Application; or
• let the objection stand with the associated disclosure of the objector’s identity to the Development Applicant and members of the public.
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