Kingston and Barton Residents Group Inc v ACT Planning and Land Authority; Parker v ACT Planning and Land Authority (Administrative Review)

The case before the Administrative Appeals Tribunal (AAT) involved the Kingston and Barton Residents Group Inc and Parker, who appealed against a decision made by the ACT Planning and Land Authority. The dispute centred around the approval of a development application, specifically concerning the height and setback of level 3 of a proposed building in Kingston, as well as the characteristics of the proposed screening measures. The AAT was tasked with reviewing the administrative decision and determining whether it was lawful, procedurally fair, and based on relevant considerations.

The primary legal issues that the Tribunal had to address were whether the original decision adequately considered the setback requirements and screening standards as outlined in the relevant planning schemes and guidelines. The applicants argued that the decision did not sufficiently address the need for a 10-metre setback for level 3 and that the screening measures were inadequate. They also contended that the decision-making process was flawed due to an alleged failure to properly consider their submissions.

The Tribunal found that the decision was indeed flawed as it did not correctly apply the setback requirements and screening standards. The Tribunal emphasised that the planning scheme mandated a 10-metre setback for level 3, but the decision approved only an 8.382-metre setback. Additionally, the Tribunal concluded that the screening measures needed to be raised and made impervious to meet the requirements. Consequently, the Tribunal varied the decision to include the necessary conditions, such as the amended plans and drawings showing the required setback and the appropriate screening measures. The Tribunal also found that the decision-making process was deficient due to the failure to adequately consider the applicants' submissions.