ACAT Rejects Village Building Company Proposal for Old AFP Site

Council has received the ACAT decision on the proposed development of the Old AFP site. The appeal has been rejected. Council is pleased that the proponent will now need to develop plans that are consistent with the expectations of the residents for such a gateway site.

Readers of the decision will note Council’s role as a joined party in the matter, with ACAT acknowledging the views at paragraph 25:

“25. For the reasons given, the Tribunal was not satisfied that the amended DA or any variant offered during the hearing achieved compliance with C1 a), C1 e), C50 or C51 of the Estate Development Code (the EDC), meaning it is inconsistent with the Territory Plan. Such extensive non-compliance arose, in our view, from Village’s approach towards development of the site. Its focus was on a design that would, from a construction viewpoint, maximise development on the site. To that end, it considered different potential designs. Having settled on its preferred design, it then turned its attention to finding interpretations of the relevant provisions of the Territory Plan that would enable approval of its preferred design. In our view, there was no real attempt to engage with the substantive reasons for why others objected to the proposal or why it was refused. This was despite acceptance that a medium density development can and should proceed.

As the Community Council stated:
6. Council and the community remain of the view that a plan that doesn’t
consist of row upon row of parallel town houses but has diversity, useable
open space, some diversity of dwelling type and acknowledges the interface
with the surround areas would be welcomed by the community.”

Council looks forward to seeing revised plans for this important site in the near future.

VILLAGE NO 22 PTY LIMITED ACN 620 656 260 v ACT PLANNING AND LAND AUTHORITY & ANOR (Administrative Review) 2021 ACAT 43
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