Noah's Ark Resources Centre Inc v ACT Planning and Land Authority (Administrative Review)

In the ACT Civil and Administrative Tribunal, Noah’s Ark Resources Centre Incorporated sought a review of the ACT Planning and Land Authority’s approval of a development application made by Fedem Pty Ltd. Nikdia Hume Pty Ltd applied to be joined as a party to the proceedings. The Tribunal was required to determine whether Nikdia Hume had an interest in the proceedings and was entitled to be joined as a party under section 29 of the ACT Civil and Administrative Tribunal Act 2008.

The Tribunal found that Nikdia Hume had an interest in the proceedings, as it was the owner of an adjoining site and had expressed concerns about the proposed development. The Tribunal determined that the letter sent by Nikdia Hume’s director, which outlined specific concerns about the development, was sent on behalf of Nikdia Hume. The Tribunal also found that Nikdia Hume would suffer material detriment if the development was approved without proper compliance with requirements, and that this was not a case where the detriment arose from increased competition with the business of an entity on Nikdia Hume’s land. Accordingly, the Tribunal concluded that Nikdia Hume had an interest in the application and was entitled to be joined as a party.

The Tribunal ordered that Nikdia Hume Pty Ltd be joined as a party to the proceedings.