Glass v ACT Planning and Land Authority and Anor

In the Australian Capital Territory Administrative Appeals Tribunal, the applicant, Mr Glass, sought review of a decision by the respondent, the ACT Planning and Land Authority, to approve a development application by Goodwin Aged Care Services Limited for redevelopment of an aged care facility on Block 10 Section 7 Farrer ACT. Mr Glass contended that the proposed development would not be consistent with the zone objectives for the community facility zone and the objectives for the zone. Mr Glass also contended that the proposed development was not consistent with the desired character in terms of building height, bulk and scale. The Tribunal concluded that the development complied with the Territory Plan in every respect, save that Buildings B, D and E needed to be reconfigured or redesigned in a manner that achieved compliance with rule 7 or criterion 7(a) of the CFZ Development Code. The Tribunal concluded that the preferable course was to set aside the decision and remit it to the Planning Authority for it to reconsider the proposed development having regard to any amendments to the development application that the applicant proposes in order to address the existing non-compliance with criterion 7(a) of the CFZ Development Code. The Tribunal will therefore so order.