Four, new two storey attached townhouses refused

The DRA welcomes a decision by Environment, Planning and Sustainable Development Directorate (EPSD)  to refuse a planned development on the corner of Lawley and Norman Streets Deakin.  The development was for an RZ1 block well into the RZ1 zone. It involved demolition of the existing dwelling, construction of four, new two storey attached townhouses with basement carparking, driveway, landscaping and associated works and a lease variation to increase the number of permitted dwellings to four.

Deakin residents, and in particular those who live in the immediate vicinity of the proposed development, expressed grave concern and anger about this proposal.

The DRA considered it is completely incompatible with the RZ1 Zone Objective and particularly Zone Objective (a) Provide for the establishment and maintenance of residential areas where the housing is low rise and predominantly single dwelling and low density in character. Among other things the plot ratio for the development would be 76.34%, only permitted in RZ4 RZ5 Zones!

The DRA submission contended that  regardless of the status of the block as ‘standard’ or ‘non standard’, the proposal failed to meet the mandatory requirements of the Multiunit Housing Development Code on a number of points, it would be inconsistent with RZ1 Suburban Zone objectives and not consistent with the Territory Plan, that the DA application was laced with gratuitous and meaningless comments and claims  that should not be taken into account and that the development should be rejected.

In its decision EPSD has noted a number of ‘key inconsistencies’ with the Multiunit Housing Development Code – building envelope encroachment, front boundary setbacks, side boundary setback, number of storeys (mandatory rule), courtyard walls and principal private open space, as well as problems under a General Code (water ways), advice from TCCS that it did not support the proposal and from the Conservator of Flora and Fauna that it did not support removal of identified regulated trees.

Most important EPSD considered that proposal could not be considered consistent with the objectives of the RZ1 zone in particular four objectives – (a), (b), (d) and (g)  – of that Code.

The EPSD Conclusion follows:

This is a terrific win for Deakin residents who informed their neighbours, helped gather vital information, made many detailed individual submissions and together with the DRA have been able to overturn a completely inappropriate development proposed for Deakin.

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ADVICE TO REPRESENTOR AFTER DECISION

Dear Sir/Madam,

Block:  11     Section:  64      Suburb:  DEAKIN
Development Application Number:  202139648

Development Application Number 202139648 has been REFUSED.

As you lodged a representation in relation to this Development Application please find attached a copy of the Notice of Decision in accordance with the requirements of Section 170 of the Planning and Development Act 2007.

A copy of the application and the decision are also available for inspection on the Public Register.  The register can be inspected between 8:30am and 4:30pm weekdays at Access Canberra Customer Service Centre, 8 Darling Street, Mitchell, ACT.

If you wish to seek a review of the decision with the ACT Civil and Administrative Appeals Tribunal (ACAT), you must lodge an application form together with the required fee within 28 days from the date of this letter to:

ACT Civil and Administrative Tribunal
Level 4, 1 Moore Street (the Health Building
CANBERRA CITY, ACT, 2601

An application form can be obtained from the ACAT at Level 4, 1 Moore Street, Canberra City. Alternatively you can access the form from the ACAT website www.acat.act.gov.au under approved forms.  If you require further information about the ACAT’s requirements or the review process, their office can be contacted on (02) 6207 1740.

If you apply for a review of the decision, the Authority will at the direction of the ACAT, give written notice to the applicant, and any interested parties that:

• You have applied to the ACAT for a review of the decision; and
• They are entitled to apply to be made a party to the proceedings for the review.

The applicant’s name and postal address can be obtained from the Public Register.

As this application has been REFUSED, the applicant may also apply to the ACAT for a review of the decision.  If this occurs you will be advised, and have a right to the Tribunal to be made a party to the proceedings (i.e. you can apply to the Tribunal to attend the review hearings where you will have the opportunity to present your case).

For further information please contact: 6207 6383

Online Form: https://www.accesscanberra.act.gov.au/app/forms/epd_feedback

Kind regards,

Ami Acharya | Customer Service Officer – DA Notification
Phone: 02 6207 1923 | Email: ACepdcustomerservices@act.gov.au

Chief Minister Treasury and Economic Development Directorate | Access Canberra – Land, Planning and Building Services

8 Darling Street Mitchell ACT 2911 | GPO BOX 158 Canberra ACT 2601 | www.act.gov.au/accessCBR