“It’s a trap in the system that Canberrans should be alert to.” says community leader Dr David Denham. “Knock-down rebuilds often cause concern, but this means, in effect, that decisions on knock-down rebuilds of single dwellings in Canberra cannot be scrutinised, even if they have a DA.” The GNCA has been tricked by the Territory Planning Authority (TPA) into paying its members’ money for a review that was never available to it.
This is the subject of a Letter to the Editor (of City News), the content of which appears below.
Most knock-down rebuilds are exempt developments and don’t have a DA or review by ACAT, but some are required to go through the DA process.
A DA was notified on the TPA website, and the GNCA had concerns about its compliance with the law, so it applied to ACAT for a review of the decision. The quick decision on the DA said it was a publicly notified decision and third-party objectors had a right of review.
The GNCA contacted the TPA three times to discuss its concerns but got no reply, so it paid the ACAT application fee, and a directions hearing was listed. Three days before the hearing the government solicitors, acting for the TPA, told the GNCA they had no right of review and should withdraw. Gotcha!
The GNCA did not withdraw, but ACAT dismissed its application because the DA did not need to be publicly notified – although it had been. Under the rules in a schedule to the new Planning Act, ACAT didn’t have jurisdiction to review the GNCA’s application.
It turns out that there is a new regulation that enables the right to review to be removed by prescribing that a DA does not have to be publicly notified. And that regulation, combined with the schedule, takes away the review rights given under the current act.
It’s a trap in the system that Canberrans should be alert to. Knock-down rebuilds often cause concern but this means, in effect, that decisions on knock-down rebuilds of single dwellings in Canberra cannot be scrutinised, even if they have a DA.
A tender has been released for an Independent Planning Advisory Service (IPAS), but it doesn’t operate yet.
Hopefully it will help ordinary citizens navigate this very confusing system, but in the meantime think carefully about parting with your hard-earned cash if it is a knock-down rebuild of any kind.
Even if it is non-compliant and the TPA decision tells you that it has been publicly notified and that you have review rights.
The GNCA has published details on its website to assist other Canberrans.
Dr David Denham, president, Griffith Narrabundah Community Association