Page 1015 - Week 03 - Thursday, 3 April 2008
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Answers to questions
Planning—Kambah
(Question No 1815)
Dr Foskey asked the Minister for Planning, upon notice, on 6 December 2007:
(1) In relation to the clean up of block at 54 Morant Circuit, Kambah and given that the ACT Planning and Land Authority (ACTPLA) 2002 Order stated that to “clean up a leasehold by removing the accumulation of miscellaneous items and debris from the land and to continue to keep the land clean to the satisfaction of the Territory”, does the ACTPLA removal of everything from the yards at 54 Morant Circuit, Kambah signify that the satisfaction of the Territory required that the block be cleared of all items regardless of any value or use;
(2) Can the Minister confirm whether this standard for a clean yard is applied to all other lessees in the Territory; if not, why not;
(3) Was the lessee notified within a reasonable time that the satisfaction of the Territory was to be the removal of everything in the yard regardless of value and use;
(4) Upon what lawfully obtained evidence collected by ACTPLA inspectors during 2002, in the form of photographs and inspection reports, was the clean up of the yard at 54 Morant Circuit, Kambah on 2-4 December 2002 conducted;
(5) Will the Minister provide the supporting documentation referred to in part (4);
(6) Will the Minister explain upon what lawful basis ACTPLA inspectors authorised the clean up of the yard at 54 Morant Circuit, Kambah on 2-4 December 2002, given that (a) the Administrative Appeals Tribunal (AAT) Consent Decision gave the lessee until 25 November 2002 to comply with the Order, (b) ACTPLA inspectors failed to determine on that date whether the lessee had complied and that (c) section 259 of the Land (Planning and Environment) Act 1991 stipulates that an order can only be executed by the Planning Minister if the lessee has not complied within the specified period;
(7) Given that ACTPLA inspectors failed to determine whether the lessee had complied with the AAT Consent Decision on the due date of 25 November 2002, did the inspectors breach the terms of the Consent Decision;
(8) On what basis, according to the Land (Planning and Environment) Act 1991 and the Regulations, were the lessee’s garden sheds demolished and the contents removed given that the AAT Consent Decision did not specify demolition of unapproved structures on the block nor was there a current demolition order in place;
(9) Will the Minister provide the supporting documentation referred to in part (8);
(10) Given that ACTPLA wrote to the lessee on 15 November 2002, retrospectively adding demolition of the garden sheds to the AAT Consent Decision, was the demolition of the sheds a breach of the AAT Consent Decision which did not specify demolition.
Mr Barr: The answer to the member’s question is as follows:
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