What is the "intent" of lease conditions and development requirements?

Williams v ACT Planning and Land Authority & Anor (Administrative Review) [2018] ACAT 128 (18 December 2018)
The ACT Civil and Administrative Tribunal set aside a decision by the Planning and Land Authority to approve a development in Gungahlin. The applicant argued that the proposed development was different to surrounding houses; was contrary to the overall design and character of the existing developments; and would overshadow nearby townhouses. She was concerned that it would set a precedent for similar developments on nearby vacant blocks. 

Following the previous decision of Lourandos, ACAT concluded that "Lease Conditions & Development Requirements"  (LDCs) under the previous Land (Planning and Environment) Act 1991 are "lease and development conditions" for the purposes of the current Planning and Development Act 2007.

On the facts, the proposed development did not comply with the LDCs, and therefore the relevant codes (R1 of the CZD Code and R22 of the Single Housing Code). However, compliance is not necessary - under both Codes, it is sufficient if the proposed development meets “the intent” of the LDCs.

ACAT considered what was the “intent” of the development conditions and concluded that the proposed development did not “meet the intent” of the LDCs. The proposed development therefore did not comply with  the relevant codes, which meant that the proposal is inconsistent with the Territory Plan and the decision set aside.


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