Khandelwal v Territory Planning Authority (Administrative Review)

The applicants, Mr and Mrs Khandelwal, challenged a decision of the Territory Planning Authority (the respondent) in relation to their development application for a dual occupancy dwelling. The matter was heard by the Administrative Appeals Tribunal (the Tribunal). The applicants raised four grounds for review: inconsistency in assessing development applications, incomplete decision outcome and notification, failure in due process, and impact and shadowing. The Tribunal found that the proposed development would have an impact on the solar access of the applicants' property, and that the setback of the upper storey did not comply with the Technical Specifications. The Tribunal also found that the proposed development would not comply with the required solar access and privacy provisions.

The Tribunal ordered that the decision of the respondent be varied by adding certain conditions to the development application, including relocating the southern wall of the first floor of the proposed new dwelling, installing a 1.8m full screen fencing between the proposed new dwelling and the existing dwelling on the site, and repositioning the eastern wall of the study room in the proposed new dwelling. The amended plans reflecting these conditions must be resubmitted to the Territory Planning Authority and approved by the Authority as complying with the conditions and the Territory Plan.