Technical Amendment 2013-12

November 27, 2013

in Past Issues

The Planning and Development Act 2007 permits the Environment and Sustainable Development Directorate (ESDD) to make Technical Amendments (TA) without consulting the Assembly to correct typographical errors in drafting, consolidate already existing provision of the Territory Plan, and the like.  It was not intended that this facility would be used to introduce new legislation.

However, ESDD has already used TA’s to introduce Precinct Plans for all Canberra suburbs in late 2012.  This move drew a lot of criticism form various residents groups.  However, undeterred by this, ESDD has continued to use TAs to introduce new planning policies.  The latest example of this is TA2013-12.  This TA introduces a number of new policies.  The most egregious excession of ESDD’s powers in this is the decision to repeal the new solar access provisions introduced into the Territory plan by Variation 306, which took effect on 5 July 2013.  This would have the effect removing the protection of solar access across the northern boundaries of properties where these boundaries faced more that 20 degrees west of north or more than 30 degrees east of north.  This would effect residents of a large number of streets in Griffith, and Stuart St, the principal axis for the street grid, runs north east to south west.   For those who would like to know more, the TA itself is available on the ESDD website at http://www.actpla.act.gov.au/tools_resources/legislation_plans_registers/plans/territory_plan/current_technical_amendments.

We lodged a submission objecting to the decision to reverse the newly introduced solar access provisions.  Our submission can be read here.

Others were also upset by this proposal.  Leon Arundel, the Secretary of the Inner North Canberra Community Council, circulated this email Leon Arundel.

 

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