Maurer & Ellis v ACT Planning and Land Authority & Ors (Administrative Review)

Maurer & Ellis lodged an appeal against the approval of a development application by the ACT Planning and Land Authority, with the ACT Civil and Administrative Tribunal. The dispute centred on whether the proposed multi-unit housing development complied with the relevant planning codes, particularly regarding solar access and plot ratio. The Tribunal was required to determine whether the development application adhered to Rule 57(b) and Rule 8 of the Multi-Unit Housing Development Code (MUHDC).

The Tribunal considered the additional information provided by the second party during the hearing, which detailed solar access to the dwellings. Based on this information, the Tribunal found that the development application complied with Rule 57(b). Regarding the plot ratio, Rule 8 of the MUHDC applies to large blocks in RZ2, RZ3, and RZ4, setting maximum plot ratios at 50%, 65%, and 80% respectively. The respondent confirmed that the plot ratio for the development was 49.9%, which was within the 50% limit for RZ2. The applicants argued that the upper floor balconies should be included in the gross floor area calculation, which would increase the plot ratio beyond the limit. However, the exact size of the upper floor balconies was not provided, making it impossible to determine the precise impact on the plot ratio. The Tribunal concluded that including the upper floor balconies would exceed the plot ratio limit, leading to non-compliance with Rule 8.

In light of the Tribunal's findings, the decision to approve the development application was set aside. The Tribunal substituted its decision, determining that the development application did not comply with Rule 8 of the MUHDC and thus was not approved.