Amarso Pty Ltd & Ors & Act Planning and Land Authority (Administrative Review)

Amarso Pty Ltd sought judicial review of a decision by the ACT Planning and Land Authority to approve a development application, with conditions, for the consolidation and redevelopment of three blocks of land in Macquarie, ACT. The development involved the demolition of existing buildings, the construction of multiple residential and commercial buildings, and other site works. The Tribunal reviewed the decision based on the evidence presented and the submissions of the parties. The key legal issue was whether the Jamison Master Plan (JMP) should be considered in determining the future desired character of adjacent developments. The Tribunal found that while the JMP could be used as a guide, it should not be relied upon for specific building form or details. The Tribunal concluded that the future desired character is established within the Territory Plan and the broad planning and urban design principles expressed in the JMP. The Tribunal varied the decision by amending the conditions of approval to include specific requirements for additional parking, tree removal, and a Tree Management Plan. The Tribunal also clarified the reference to the plans and documents in the approval decision.