Raphael & Ors & Act Planning & Land Authority (Administrative Review)

The case before the tribunal involved a dispute between residents of McWhae Circuit and Sternberg Crescent and the Act Planning and Land Authority (ACTPLA) regarding a proposed development. The residents argued that the proposal did not meet the requirements of Criterion C94 in the Territory Plan, which relates to the residential amenity of dwellings. The residents claimed that the development, if approved, would negatively impact their neighbourhood, which was predominantly made up of single-story separate dwellings. ACTPLA argued that the proposal met the requirements of the Territory Plan and should be approved. The tribunal was tasked with deciding whether the proposal met the requirements of the Territory Plan and, if not, whether any changes could be made to ensure compliance.

The tribunal noted that the Executive Policy Committee of ACTPLA had approved the proposal, albeit with some reservations, and that the Committee's comments seemed to be about the development as a whole, rather than specifically related to Criterion C94. The tribunal concluded that the proposal, as modified by the party joined, met the requirements of either the Rules or the Criteria under the Code and that approval of the development, subject to certain conditions, would not be inconsistent with the Territory Plan. The tribunal was satisfied that the changes made to the proposal had significantly reduced the potential impact on the residents' amenity and that the proposal now met the requirements of the Territory Plan.

The tribunal approved the development, subject to certain conditions, including the removal of steps and the construction of a ramp on the continuous pathway between units 9 and 10, the levelling of the private open space for units 1 and 2 by the construction of retaining walls, the submission of a revised exterior lighting plan, a pre and post adaptable dwellings plan, and a noise management plan approved by the Department of Territory and Municipal Services. The tribunal's decision was that the development application should be approved, subject to the conditions outlined in the decision.

In summary, the tribunal found that the proposed development met the requirements of the Territory Plan and approved the development, subject to certain conditions. The tribunal acknowledged the concerns of the residents but concluded that the changes made to the proposal had significantly reduced the potential impact on their amenity and that the proposal now met the requirements of the Territory Plan. The tribunal's decision was that the development application should be approved, subject to the conditions outlined in the decision.