Griffith Narrabundah Community Association v ACT Planning and Land Authority (Administrative Review)

The case of Griffith Narrabundah Community Association v ACT Planning and Land Authority (Administrative Review) involved a dispute between the Griffith Narrabundah Community Association and the ACT Planning and Land Authority. The association contested the approval given to a development proposal, focusing on several aspects of the site design and compliance with planning regulations. The ACT Civil and Administrative Tribunal was tasked with reviewing the decision of the Commissioner under the Planning and Development Act 2007.

The legal issues central to the case were whether the location of the waste bins on the site met the relevant criteria for amenity and compliance with planning standards, the slope of the driveway, and the process for relocating the bins to the kerb for collection. The tribunal needed to determine if the site's design adhered to the approved plans and whether the modifications proposed by the association were necessary to ensure compliance with planning laws.

The tribunal found that the bins were appropriately located within enclosures or screened by gates, providing reasonable levels of amenity for the adjoining residential blocks and the site itself. They were also screened from view from the dwellings on the site, and the principal private open space on the site, and met the requirements for reasonable levels of amenity on the site. The driveway slope, though contested, was found to be compliant with the TCCS driveway design standards, which specify a maximum slope of 17%. The tribunal concluded that the slope of the driveway met the necessary standards as indicated by the more credible plan, C0401. Therefore, the tribunal varied the decision under review to reflect the final amended plans filed with the tribunal, and added conditions to ensure compliance with the planning regulations.

The tribunal issued orders to modify the decision under review by replacing references to the approved plans with references to the final amended plans filed with the tribunal. Additionally, new conditions were added to restrict the permitted use of the New Crown Lease to residential purposes limited to supportive housing and to require the lessee to lodge the final amended plans with the Territory Planning Authority before commencing building work on the site.