Walkington & Ors and ACT Planning and Land Authority

Walkington and others brought proceedings against the ACT Planning and Land Authority in the ACT Civil and Administrative Tribunal. The applicants sought the Tribunal's approval of an amended development application to build residential units on a designated residential site. The legal issues involved whether the Tribunal had jurisdiction to consider the amended development application and, if so, whether it should waive the public notification requirement under the Planning and Development Act 2007. The applicants argued that the amendment did not significantly alter the original proposal and that public notification would be redundant.

The Tribunal found that it had jurisdiction to consider the amended development application. The Tribunal was satisfied that the amendment did not significantly alter the original proposal and that public notification would not be necessary. The Tribunal also considered the potential adverse effects on adjoining lessees and the environmental impact. The Tribunal required the developer to submit further detailed drawings and for the respondent to assess the development against the Territory Plan. The Tribunal also allowed for any interested parties to join the proceedings and set a date for further directions.

The Tribunal concluded that it was in the interests of justice to extend the time for deciding the applications. The Tribunal waived the public notification requirement under the Planning and Development Act 2007, subject to certain conditions. The Tribunal required the developer to submit further detailed drawings and for the respondent to assess the development against the Territory Plan. The Tribunal also allowed for any interested parties to join the proceedings and set a date for further directions. The matter was to be listed for further directions on 24 November 2010.