The ACT Civil & Administrative Tribunal (ACAT) has again refused a DA which had been approved by ACTPLA. In the case of Mainore Pty Ltd v ACTPLA & Canberra Investment Corporation Ltd (Administrative Review) [2010] ACAT 18, ACAT stated it “is a mystery to the Tribunal as to how such a proposal could have been approved” (para 3).
At one point, the ACAT noted that the “witnesses called by the developer, and the expert called by the Planning Authority, succeeded in tying themselves in knots…”
In the end, the proposed development in Kingston Foreshores, put up by the CIC and approved by ACTPLA, was sent back to the drawing board.
Having read many ACAT, and it’s predecessor AAT, cases, I keep failing to understand how ACTPLA keeps making these planning blunders.