AAT Overturns ACTPLA (Again)

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.

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

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???

‘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.

A Cowboy heads ACTPLA.

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

take their award off them

surprise surprise