In 2022 the GNCA began seeking review in ACAT of ACTPLA decisions approving three dwelling supportive housing developments in Griffith and Narrabundah. It has sought review of 5 decisions. None have so far been approved by ACAT.
In the 5 cases the parties are GNCA, ACTPLA and Commissioner for Social Housing (the proponent). In 2 cases the next-door neighbours have also joined the GNCA. The GNCA’s position is that RZ1 blocks are too small to fit three dwellings and the developments cannot comply with the Territory Plan. It has been proved correct.
A main issue has been compliance with Rule 4 of the Residential Zones Development Code (RZDC) that is a mandatory rule requiring compliance with Australian Standard 4299 (Adaptable Housing). ACTPLA’s long standing practice is to achieve compliance at the building certification stage. ACAT has said, since the first hearing on 10 October 2022, that the Standard, must be met at the time of decision.
First case AT/2022 – 77 Captain Cook Crescent, Griffith. GNCA appeal against DA decision approving development. ACTPLA withdrew before the matter proceeded to hearing.
Second case AT 41/2022 – 32 Sturt Ave, Narrabundah. See GNCA and ACTPLA and Commissioner for Social Housing [2013] ACAT 13 (the decision). There were 9 reasons for non-compliance and ACAT did not rely on Rule 4 of the RZDC (para 124). In the hearing on 10 October 2022 ACAT said Rule 4 was mandatory.
Third case AT 37/2022 – 18 Lockyer St, Griffith. Same parties but with Leo Cusack (next door neighbour) joined with GNCA. 22 December 2022, ACAT refused approval due to non-compliance with codes. No reasons yet. In the hearing on 7 December 2022 ACAT again said that Rule 4 was mandatory.
Fourth case AT 114/2022 – 33 Captain Cook Crescent, Griffith. Same parties but the GNCA application was joined with AT109/2022 Lucy and Don Capezio (next door neighbours, builders/developers). In a Directions Hearing on 27 February 2023 ACAT decided that, since the DA did not comply with mandatory Rule 4 the DA was refused. Remittal was sought but refused.
Fifth case AT 89/2022 – 13 Wells Gardens Griffith. Same parties. After initial submissions were filed, the Commissioner for Social Housing submitted revised plans and a revised witness statement to show compliance with mandatory Rule 4. ACTPLA still refused to concede on the Rule 4 point. On 8 March 2023, at a mention, the Commissioner sought to have the DA amended to reflect the changes and remit the DA back for re-notification. ACAT decided to set the DA aside and remit it for amendment, re-notification and reconsideration. Re-notification has occurred and we understand that over 40 objections have been lodged.
The GNCA does not oppose dual occupancy that is allowed in RZ1 areas.