Old Narrabundah Community Council Inc v ACT Planning and Land Authority

The Old Narrabundah Community Council Inc sought judicial review of a decision by the ACT Planning and Land Authority approving a development application for a multi-unit residential building in the RZ2 Suburban Core Zone. The applicant argued that the approval did not sufficiently comply with the Multi Unit Housing Development Code. The ACT Civil and Administrative Tribunal was tasked with determining whether the Authority's decision was legally sound, and if not, what modifications should be made to the approval conditions to achieve compliance.

The primary legal issues revolved around whether the original approval conditions adequately met the requirements of the Multi Unit Housing Development Code. Specific points of contention included setbacks, courtyard walls, building materials, screening, driveways, parking, and tree protection. The Tribunal needed to examine each of these aspects to determine if they complied with the relevant code provisions and, if not, what adjustments were necessary.

The Tribunal found that while the approval conditions were largely compliant, several modifications were required to fully meet the code's stipulations. These included adjusting building setbacks, courtyard wall distances, material specifications, and driveway and parking arrangements. Additionally, the Tribunal directed that certain trees be protected and that a revised Tree Protection Plan be submitted. The Tribunal concluded that the approval conditions needed to be varied to ensure full compliance with the Multi Unit Housing Development Code.

The Tribunal ordered the decision under review be varied by imposing additional or varied conditions on the approval, as outlined in the orders. These included revised site plans and architectural drawings to address setbacks, courtyard walls, building materials, screening, driveways, parking, and tree protection. The revised conditions aimed to ensure that the development complied with the Multi Unit Housing Development Code, thereby resolving the issues raised by the applicant.