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AAT Overturns ACTPLA (Again)

By Chris S - 15 November 2006 9

A recent case in the AAT (Dimov and ACTPLA, ACTAAT31, 9 November 2006) shows once again that ACTPLA is incapable of administering the planning regulations in the ACT. ACTPLA approved a development that failed to meet the relevant performance measures, with respect to minimum setback. The adjoining owner quite rightly appealed, yet ACTPLA chose to put all parties through an expensive AAT hearing, rather than reviewing their decision and correcting their mistake.

Thankfully, the AAT has once again put things right by giving the developer the opportunity to review the plans to provide for correct setbacks. What a waste of time, effort and money simply to get ACTPLA to administer the regulations as they ought.

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9 Responses to
AAT Overturns ACTPLA (Again)
Chris S 8:13 am 16 Nov 06

Which is why the point made by Ron Gilbert in the Canberra Times (“Planning too flexible”, 15 November) is so valid. he said:

“It would be preferable to curb ACTPLA’s present “flexibility”, perhaps by providing that standards, rules and criteria laid down in the Territory Plan are to apply unless the applicant for a development, and persons materially affected by the development, such as neighbours, agree otherwise.”

Ron doesn’t always show good commonsense, but on this occasion, he’s got it dead right.

Pandy 8:46 pm 15 Nov 06

Seepi becasue it is only a “guideline”. It is not an absolute.

seepi 7:43 pm 15 Nov 06

But how could they review their guidelines which say new buildings must be set back 3m from fenceline, and then still uphold a plan to build right up against the fence???

Unbeliever 5:41 pm 15 Nov 06

‘The adjoining owner quite rightly appealed, yet ACTPLA chose to put all parties through an expensive AAT hearing, rather than reviewing their decision and correcting their mistake.’

The AAT will ONLY hear a matter once all avenues of internal review has been exhausted. Clearly ACTPLA had reviewed and decided that it wasn’t mistaken. It’s certainly not rare among administrative bodies to review and uphold the original decision. Not being able to administer legislation most effectively is the eternal cloud which hangs over ALL public agencies – otherwise there’d be no need or work for the AAT.

Pandy 2:12 pm 15 Nov 06

A Cowboy heads ACTPLA.

Absent Diane 12:24 pm 15 Nov 06

yeah i’d watch out for that. personally these days if i see anything with more than two I stay away.

Thumper 12:18 pm 15 Nov 06

I think I’ve just overacronymed.

che 12:09 pm 15 Nov 06

take their award off them

FC 11:52 am 15 Nov 06

surprise surprise

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