Page 4132 - Week 10 - Wednesday, 21 September 2011

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application of the concept of a retail hierarchy for Canberra retail centres; and

(ii) an interpretation of the Gross Floor Area (GFA) definition which could lead to potentially large increases in supermarket GFA at other local centres and could create a precedent for alternative approaches to be taken to the interpretation of GFA in all future commercial development applications;

(c) that an appeal has been lodged in the Supreme Court calling for a review of the Giralang Shops development application approval which seeks:

(i) to void the approval for the development;

(ii) an injunction on the demolition and building on the site; and

(iii) an injunction on the granting of a direct sale of a parcel of unleased land which the Giralang proposal is dependent on;

(d) that the appeal challenges the DA decision on the grounds of:

(i) consistency with the Territory Plan’s Local Centres Development Code;

(ii) consistency with the Territory Plan’s Statement of Strategic Directions regarding commercial areas;

(iii) consistency with the Local Centres Zone objectives of the Territory Plan; and

(iv) failure to properly consider significant adverse economic impact of the proposal on other local centres;

(e) that the Supreme Court case may take two years to resolve;

(f) that the Government is currently reviewing their Supermarket Competition Policy, which has limited practical applications in the ACT planning and land system for existing sites;

(g) that ACT Planning and Land Authority (ACTPLA) is currently undertaking a review of the Commercial Codes in the Territory Plan;

(h) that planning decisions are being made in the absence of a publicly available inventory of up-to-date retail GFA and supermarket GFA in the ACT;

(i) that current business impact assessment, if undertaken, is inadequate in assessing impacts on small businesses;

(j) that the Government is intending to increase the number of sites for supermarkets in the ACT; and

(k) that there are numerous issues in regard to market power in the retail market, in particular:

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