Page 4170 - Week 13 - Thursday, 6 December 2007
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(3) Does all work that has been undertaken in relation to Block 12 Section 176 Gungahlin comply with the Territory Plan and are all works in accordance with an approved development application; if not, (a) what works have been undertaken that are not approved and (b) when were those works commenced;
(4) What action has ACT Planning and Land Authority (ACTPLA) taken to ensure that all works undertaken are in accordance with an approved draft variation;
(5) What action does ACTPLA propose to take to ensure that rectification work is undertaken;
(6) What time frame will apply to the requirement to undertake that rectification;
(7) What action will be taken if the developer does not comply with any rectification order that might be issued;
(8) Under what authority can ACTPLA enforce its decision.
Mr Barr: The answer to the member’s question is as follows:
(1) The key events are:
- An adjoining property owner, Mr Tindale, expressed concerns about issues of non-compliance with approved plans during construction of a new single storey residence on the adjoining property at Block 12 Section 176 Gungahlin.
- Specifically, Mr Tindale’s concerns relate to the height of a masonry screen wall constructed along a 12-metre length of the boundary between the properties, the use of the area between the wall and the 1500mm setback of the garage for storage purposes, and a proposal to roof this area.
- The ACT Planning and Land Authority (ACTPLA) refused an amendment application to roof the area because the application did not comply with s247(2)(a) of the Land (Planning and Environment) Act 1991 (Land Act) in that, if approved, the amendment would change the effect of a condition. The applicant appealed the decision to the Administrative Appeals Tribunal (AAT). The AAT referred the matter to Mediation and the applicant withdrew the application shortly after.
(2) ACTPLA has asked the applicant to lodge a new Development Application (DA) seeking approval for any non-compliant work.
(3) All approved works comply with the Territory Plan. The lessee is, however, seeking approval to roof the storage area.
(4) An amendment application has been lodged but cannot be approved for the reasons outlined in (1) above.
(5) ACTPLA is encouraging the applicant to seek approval for any non-compliant work. However, ACTPLA can take action under the Land Act.
(6) Time frames are determined in consultation with applicants, depending on the complexity of work to be undertaken.
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