Development application non-compliant with rules and criteria

McGrath and Anor v ACT Planning and Land Authority & Anor (Administrative Review) [2018] ACAT 100
The applicant applied to ACAT for review of an ACT Planning and Land Authority decision to approve (on reconsideration) a development application for the construction of two single-story dwellings on a block of land in Curtain. The applicant contended that the proposal did not comply with the Multi Unit Housing Development Code and that decision had given insufficient regard to the objectives for the RZ1 zone, had not properly addressed the issues raised in the representations received and had not addressed the Conservator’s opinion that the regulated trees that were, at the time, on the subject block should be retained.

As discussed in previous newsletters, the ACAT noted that its jurisdiction is currently under consideration following the Supreme Court appeal of Sladic. However, in this case it was not necessary to discuss this issue because ACAT found that the development application was non-compliant with applicable rules and criteria. In particular, the rules and criteria for boundary setbacks and allowable encroachments were not met. The ACAT also discussed plot ratio, landscaping, surveillance, building design, solar access, principal private open space, driveway and turning space, and regulated trees for the purpose of any future development application by the developer.


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