Page 3757 - Week 09 - Wednesday, 24 August 2011
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density residential use, effectively. The current use permits a range of uses, including uses such as a hotel and other accommodation-type uses.
Interim effect was given for this draft variation specifically to ensure that the current application before the planning authority, which is for a hotel, for serviced apartments, from the Brumbies, could not be determined by the authority ahead of a decision on this draft variation being completed. Quite simply, it would be inappropriate for any development proposal at the site to be considered ahead of the Assembly’s and the government’s consideration of draft variation 307. That is why draft 307 has been given interim effect, to ensure that there is no pre-empting of the draft variation process by a development application otherwise being lodged which would be potentially for a use which is permitted under the current territory plan. That is the whole point of interim effect—to stop pre-emptive development approval being granted that may end up being inconsistent with the final variation should it be approved. So that is the situation.
MR SPEAKER: Ms Le Couteur, is there a supplementary?
MS LE COUTEUR: Minister, does the draft territory variation being given interim effect effectively mean that there is a development moratorium on the site because there are no things which are consistent with both the old version of the territory plan and the potential new version?
MR CORBELL: Ms Le Couteur, I do not know whether you heard my previous answer, but it is the case that the imposition of interim effect means that the types of new developments that could potentially be approved on the site are extremely limited until the draft variation process is completed.
The only type of development approval that could be granted at the Brumbies site whilst this draft variation is being considered is a use which is consistent with both the current zoning of the territory plan and the proposed new zoning in the draft variation. If there is any inconsistency, the use could not be approved. That obviously means that a very narrow and very limited range of matters could potentially be approved during this interim process.
That is the whole point of interim effect—to stop pre-emptive development applications being made which may otherwise have to be improved but fail to recognise the fact that there is a proposal to change the zoning for the site.
MR SPEAKER: A supplementary, Ms Hunter?
MS HUNTER: Minister, why did you tell the Assembly last Thursday, 18 August that no decision had been made when ACTPLA had already signed off on the interim draft variation on 12 August and it was notified on the legislation register that same day—18 August?
MR CORBELL: The planning authority does things at arm’s length from the minister’s office on a range of matters. Certainly, the draft variation was not transmitted to me until late last week.
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