ACAT varies development approval conditions

Gingell & Anor v ACT Planning and Land Authority (Administrative Review) [2018] ACAT 62 (13 June 2018)
This ACT Civil and Administrative Tribunal (ACAT) decision considered a multi-unit development in Weetangera. Five applicants alleged that the development approval was inconsistent with the Multi Unit Housing Development Code, referring specifically to the rules concerning site open space, building separation, and principal private open space. Other issues were raised, including the likelihood of increased on-street parking in the area. It was argued that the development was inconsistent with three RZ2 Zone objectives. ACAT held that the decision should be varied to include further conditions - including relating to the radius of the driveway, structures in front of the building line, and revised design of some of the units.  ACAT also noted the potential issues with section 121 PD Act and referred to the principles set out in Sladic (which was discussed in our June newsletter!). To read the full decision, click here


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