Another discussion about ACAT's jurisdiction

Noah’s Ark Resource Centre Incorporated v ACT Planning and Land Authority & ORS (Administrative Review) [2018] ACAT 95
This ACAT matter was an administrative review of the ACT Planning and Land Authority decision to approve with conditions a development application for the construction of a childcare center in Rivett. Noah’s Ark Resource Center operates a childcare center near the site and applied to ACAT for a review of this decision, citing reasons including a loss of community services by Noah’s Ark and non-compliance of the proposal with the Parking and Vehicular Access General Code. As discussed in previous newsletters, ACAT's jurisdiction is currently on appeal in the Supreme Court, following the decision of Sladic. ACAT noted Sladic is not binding on the ACAT because it is on appeal. ACAT followed the previous Noah’s Ark case, which contained a broader interpretation of section 121 and made a decision as if they were the original decision maker. 
ACAT decided Noah’s Ark had standing to bring the application for review. ACAT confirmed the approval decision but varied the conditions on which the approval was given with regards to on-site car parking and pedestrian paths.


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