Page 4054 - Week 11 - Wednesday, 16 Sept 2009
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Planning and Land Authority. In that instance, that development application was predominantly proposed to be a residential development with a very small commercial component.
What we have seen over the course of two development applications is one that, frankly, did not provide enough retail on the site and the subsequent one that went so far, frankly, as to overload the site in terms of what would be appropriate for retail at a local centre level. ACTPLA did indeed refuse that development application on 3 September.
ACTPLA is still meeting with the applicant in an attempt to find a middle ground whereby a development application can be lodged that will indeed provide Giralang residents with a local shopping centre that will be of an appropriate size for a local group centre. Those discussions are ongoing.
Ms Le Couteur: On a point of order, Mr Speaker: I asked about lease conditions, not development applications—enforcing the lease conditions rather than the history of the development applications.
MR BARR: I think it is appropriate, in that I have four minutes to answer the question, to provide some context as to what is happening. The enforcement of the lease conditions is indeed something that ACTPLA has applied through this process. Of course, with a live DA, there are considerations that the Planning and Land Authority has to put in place. It is not as black and white as simply the Planning and Land Authority being able to click their fingers and, magically, shops will appear. There must be a development application lodged in order to see that shopping centre redeveloped.
It is, I acknowledge, unfortunate that both of the development applications that the owner of the shopping centre has put forward have not met the requirements of the territory plan or have certainly been outside what could be approved by the Planning and Land Authority. Nonetheless, the authority continues to work with the applicant. In my view, this is the preferred way to get a redevelopment occurring quickly on that site.
That said, the proponent has chosen, as is his right, to lodge development applications at either extreme. Certainly it would appear to be testing the boundaries of this assessment process. The Planning and Land Authority will continue to exercise its powers and responsibilities in accordance with the law in relation to this site.
MR SPEAKER: Ms Le Couteur, a supplementary question?
MS LE COUTEUR: Minister, will you consider changing the planning code so as to allow higher residential dwellings above shops, which would, hopefully, increase the viability of the shops below and make it more profitable for the developer?
MR BARR: The provisions of the territory plan in relation to that particular site will allow for that. Essentially the first development application was for exactly that. The problem with that first development application, and it was strongly opposed by
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