Page 1846 - Week 06 - Thursday, 30 July 2020
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Mr Gentleman: The answer to the member’s question is as follows:
(1) The current lessee of Block 2 Section 57 Greenway is Simunic Brothers No 3 Pty Ltd.
(2) The Commercial CZ2: Business Zone permits residential use and is currently zoned appropriately for an eight storey residential structure.
(3) The Residential RZ5 High Density Residential Zone is the residential zone that permits the highest density. The Commercial Zone already permits residential use and therefore a TPV is not required to change the zone to Residential.
(4) As a rule, RZ4 permits a maximum 3 storey height and RZ5 permits up to a maximum 6 storey height. Both rules in the Multi-unit Housing Development Code have a relevant criterion that if met could permit a greater height.
(5) After a DA has been lodged in the merit track or impact track, the application must be notified to the public. Major notification requires letters to be sent to the adjoining neighbours and a sign placed on the site. The application will be on public notification for a period of at least 15 working days.
(6) The decision maker must consider each representation received by the authority in relation to the application that has not been withdrawn. Representations are provided to the applicant and they may choose to respond to the matters raised.
(7) Action may be taken to require a DA to be modified through a conditional approval.
(8) The process for changing a zone is through a Territory Plan variation as described at https://www.planning.act.gov.au/planning-our-city/territory_plan/varying-the-territory-plan
(9) Yes.
(10) Either is possible. An application to amend the approval under S197 of the Planning and Development Act 2007 may be considered if the decision maker is satisfied after the amendment, the development approved will be substantially the same as the development for which approval was originally given. Otherwise a completely new DA could be made.
(11) A completely new DA would require a new round of public notification. A S197 amendment results in public notification unless waived under S198B of the Planning and Development Act 2007.
(12) The planning and land authority may give public notice to extend the public notification period. The authority may also require public notification of any amendments to a proposed development.
However, it is incumbent on the proponent to respond to the representations received and should they choose to seek approval to amend their development proposal. It is not the role of the planning and land authority to mediate an outcome between the community and the DA proponent.
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