All building waste is to be stored on the site in suitable receptacles and collected regularly. The lessee is to take all reasonable steps to ensure that waste, particularly wind borne litter, does not affect adjoining or adjacent properties.

At completion of works, Operational Acceptance must be obtained from the Senior Manager, Development Review and Coordination (TCCS).

This application is approved with the following advisory notes. It is recommended that careful consideration be given to advisory notes prior to commencing work.

**E1. Advice from EPSDD - Major Projects and Transport

The applicant is advised to consider the possibility of providing increased number of bicycle parking rails.**

Refer to Appendix 1 for information about approvals that may be required for construction.

[1] Exhibit 12. Transcript of proceedings, 1 November 2017, page 4

[2] Respondent's statement of facts and contentions pages 4-5

[3] Noah's Ark Resource Centre Incorporated v ACT Planning and Land Authority & Anor [2017] ACAT 44

[4] Transcript of proceedings, 1 November 2017, pages 41-42

[5] Sladic & Anor v ACT Planning and Land Authority; Charter Hall Retail Reit & Ors v ACT Planning and Land Authority [2018] ACAT 38

[6] The previous Noah's Ark case at [192]-[236]

[7] The previous Noah's Ark case at [69]

[13] Mason v ACT Planning and Land Authority & Ors [2009] ACAT 7

[14] Glass v ACT Planning and Land Authority & Anor [2016] ACAT 21

[16] Volume 2232 Folio 77, issued on 18 July 2016

[17] See T-documents, pages 416, 422-424

[18] Transcript of proceedings, 19 October 2017, pages 11-13, 23-24

[23] See the previous Noah's Ark case at [32]-[55], [61]-[63]

[24] The previous Noah's Ark case at [32]

[25] The previous Noah's Ark case at [33]

[26] The previous Noah's Ark case at [34]

[27] The previous Noah's Ark case at [43]

[28] The previous Noah's Ark case at [49]

[29] The previous Noah's Ark case at [45]

[30] Transcript of proceedings 20 October 2017, page 46

[31] The previous Noah's Ark case at [46]

[32] Clause 6(a) of the licence expressly states that nothing in the licence shall create or be construed as creating any tenancy or shall be construed as conferring upon the licensee any estate or interest in the premises or any part thereof

[33] The previous Noah's Ark case at [126]

[34] The previous Noah's Ark case at [48]

[35] The previous Noah's Ark case at [53]

[36] The previous Noah's Ark case at [127]

[37] The previous Noah's Ark case at [129]

[38] Noah's Ark receives a grant which covers some of the costs of running the toy library and it charges people who use some programs "minimal costs" which did not cover the full costs of those programs. (Transcript of proceedings 17 October 2017, pages 27-28, 32)

[40] See T-documents, page 194; Exhibit 5 pages 5, 7

[43] See T-documents, pages 180ff, especially page 183, Transcript of proceedings, 20 October 2017 pages 7-8

[44] See T-documents, pages 36, 211-214

[50] Transcript of proceedings, 17 October 2017, page 68

[51] Transcript of proceedings, 19 October 2017, page 33

[52] Transcript of proceedings, 19 October 2017, page 56

[53] Transcript of proceedings,19 October 2017, page 52

[54] Transcript of proceedings, 19 October 2017, pages 95, 102-104

[55] Transcript of proceedings, 19 October 2017, page 105

[56] Transcript of proceedings, 20 October 2017, page 3

[58] Transcript of proceedings, 20 October 2017, page 8

[59] Transcript of proceedings, 20 October 2017, page 18

[60] Transcript of proceedings, 20 October 2017, pages 9-10, 18

[61] Transcript of proceedings, 20 October 2017, page 11

[62] Transcript of proceedings, 20 October 2017, pages 68-69

[63] See T-documents page 381 (report of Eric Martin & Associates, Architects) and page 418 (plan)

[64] Transcript of proceedings, 20 October 2017, pages 72-75

[65] Transcript of proceedings, 19 October 2017, pages 33, 50-51

[66] Transcript of proceedings, 19 October 2017, page 54

[67] Transcript of proceedings, 19 October 2017, page 32, see also Exhibit 5

[69] Transcript of proceedings, 19 October 2017, page 35

[70] Transcript of proceedings, 19 October 2017, page 49

[71] Transcript of proceedings, 19 October 2017, page 37

[72] Transcript of proceedings, 19 October 2017, page 35

[73] Transcript of proceedings, 19 October 2017, pages 34-35

[74] Transcript of proceedings, 17 October 2017, pages 39, 41, 58, 66, 67

[77] Transcript of proceedings 19 October 2017, pages 89-90

[78] He seemed to accept that nearby Cordia Place is narrow and not particularly welcoming for on-street parking. Transcript of proceedings, 19 October 2017, page 82

[79] Transcript of proceedings, 19 October 2017, pages 56-58, 66

[80] Transcript of proceedings, 19 October 2017, page 100

[81] At the time of the hearing all the commercial spaces were tenanted and were trading or would commence trading in the near future

[82] Transcript of proceedings, 19 October 2017, pages 56-58, 65-66

[83] Transcript of proceedings, 19 October 2017, page 42

[85] Transcript of proceedings, 20 October 2018, pages 69-70

[86] Transcript of proceedings, 19 October 2017, pages 44-45

[87] Transcript of proceedings, 19 October 2017, pages 98-99

[90] Transcript of proceedings, 20 October 2017, page 8. See T-documents pages 213-214, Exhibit 11

[91] Transcript of proceedings, 20 October 2017, page 71

[93] Transcript of proceedings, 19 October 2017, page 71

[94] Transcript of proceedings, 19 October 2017, page 39

[96] Transcript of proceedings, 19 October 2017, page 109

[97] Transcript of proceedings, 19 October 2017, page 38

[98] Transcript of proceedings, 19 October 2017, page 97

[99] Transcript of proceedings, 19 October 2017, page 45

[100] Transcript of proceedings, 19 October 2017, pages 100-101

[101] Transcript of proceedings, 19 October 2017, page 39

[102] Transcript of proceedings, 19 October 2017, pages 99-100

[103] Transcript of proceedings, 17 October 2017, page 31

[106] Transcript of proceedings, 20 October 2018, pages 15-16

[107] Transcript of proceedings, 17 October 2017, page 32

[108] Transcript of proceedings, 19 October 2017, page 34

[109] Transcript of proceedings, 19 October 2017, pages 36, 92

[110] Transcript of proceedings, 19 October 2017, page 37

[111] Transcript of proceedings, 19 October 2017, page 55

[112] Transcript of proceedings, 19 October 2017, page 40

[113] Transcript of proceedings, 19 October 2017, page 91, Exhibit 9

[114] Transcript of proceedings, 19 October 2017, page 42

[115] Transcript of proceedings, 19 October 2017, pages 78, 80, see photograph Attachment A to Mr Riches report

[116] Transcript of proceedings, 19 October 2017, page 92

[117] Transcript of proceedings, 19 October 2017, page 92

[118] On those calculations the total is 108, 2 fewer rather than 2 more than the number of available spaces

[119] The number calculated by Mr Shoobridge. Mr Riches stated that there were 50 spaces.

[120] Transcript of proceedings, 1 November 2017, page 25

[121] Transcript of proceedings, 1 November 2017, page 26, 36

[122] Transcript of proceedings, 1 November 2017, page 26

[123] Transcript of proceedings, 1 November 2017, pages 59-60

[124] Transcript of proceedings, 1 November 2017, pages 48-49

[126] Transcript of proceedings, 1 November 2017, pages 69-70

[127] Transcript of proceedings, 1 November 2017, page 74

[128] Transcript of proceedings, 1 November 2017, page 76

[129] Written submission, paragraph 23

[130] He allowed 60 spaces for existing shops, 22 spaces for Block 2 Section 28, and 26 spaces for the subject site, but did not include the approximately 10 spaces as suggested in the statement of facts and contentions for the Burrangiri aged care facility.

[131] In his witness statement, Mr Riches noted that 2 written representations were received during the public notification period, of which one was from Noah's Ark (Exhibit 11 paragraph 15)

[132] See, for example, Exhibit 11, paragraph 15

[133] Kentucky Fried Chicken Pty Ltd v Gantidis [1979] HCA 20; (1979) 140 CLR 675

[134] Transcript of proceedings, 1 November 2017, pages 87-88

[135] Transcript of proceedings, 1 November 2017, pages 54-55

[136] As Noah's Ark is a not-for-profit body the term 'profits' refers to its surplus income from the childcare centre.

[137] Transcript of proceedings, 1 November 2017, pages 48-50

[138] Transcript of proceedings, 1 November 2017, page 67

[139] For example Kentucky Fried Chicken v Gantidis [1979] HCA 20; (1979) 140 CLR 675; Cartier Holdings Pty Ltd v Newcastle City Council [2001] NSWLEC 170 at [27]- [34], quoting Fabcot v Hawkesbury City Council [1997] NSWLEC 27, 93 LGERA 373, 378

[140] Transcript of proceedings, 1 November 2017, pages 80-81

[141] Transcript of proceedings, 1 November 2017, pages 67-69

[142] Transcript of proceedings, 1 November 2017, page 68

[143] Transcript of proceedings, 1 November 2017, page 69; see Kippax Task Force v ACT Planning and Land Authority & Ors [2004] ACTAAT 11

[144] Transcript of proceedings, 1 November 2017, pages 85-86

[145] The previous Noah's Ark case at [169]

[146] The previous Noah's Ark case at [53]

[147] The previous Noah's Ark case at [123], also [289], [292]

[149] Exhibit 11 paragraphs 32, 37, 62, 64, 68, 72, 77-79

[151] Transcript of proceedings, 20 October 2017, page 6

[152] Transcript of proceedings, 1 November 2017, pages 39-40

[153] Transcript of proceedings, 1 November 2017, page 40

[154] Transcript of proceedings, 1 November 2017, pages 55-56

[155] Transcript of proceedings, 1 November 2017, page 43

[156] Transcript of proceedings, 1 November 2017, page 43

[157] Transcript of proceedings, 1 November 2017, page 44

[158] Transcript of proceedings, 1 November 2017, page 45

[159] See McKenzie v ACT Planning and Land Authority & Ors [2004] ACTSC 80 at [18]- [19] per Crispin J; Walkington & Ors v ACT Planning and Land Authority [2010] ACAT 81

[160] Land Architecture Australia v ACT Planning and Land Authority & Ors [2008] ACTAAT 33 at [75]- [77]

[162] Transcript of proceedings, 19 October 2017, page 110

[163] Transcript of proceedings, 19 October 2017, pages 8-9, 14

[167] Exhibit 11, paragraphs [34] - [37]

[168] Transcript of proceedings, 20 October 2017, page 19

[169] Transcript of proceedings, 19 October 2017 pages 85, 111

[170] Transcript of proceedings, 19 October 2017, pages 84-88

[171] Transcript of proceedings, 20 October 2017, pages 11-12

[172] A plan showing "a pedestrian connection from the site to the Rivett oval (1/60 Rivett Place) with adequate lighting, access and sightliness" (Exhibit 12)

[173] Transcript of proceedings, 20 October 2017, pages 11, 13

[175] "Sightlines" are defined as "lines of clear physical uninterrupted sight"

[176] Transcript of proceedings, 19 October 2017, pages 10-11, 14-15, 20,21, 25

[177] Transcript of proceedings, 20 October 2017, pages 22-23

[180] Transcript of proceedings, 20 October 2017, page 23

[181] Transcript of proceedings, 19 October 2017, page 21-...25

[184] Transcript of proceedings, 20 October 2017, page 20

[185] Transcript of proceedings, 20 October 2017, page 21

[186] Transcript of proceedings, 20 October 2017, page 68

[187] Transcript of proceedings, 20 October 2017, page 76-80. See T-documents, page 422

[189] Transcript of proceedings, 1 November 2017, pages 16-24

[190] Transcript of proceedings, 1 November 2017, pages 26, 36

[192] Transcript of proceedings, 1 November 2017, pages 38-39

[194] Transcript of proceedings, 1 November 2017, pages 2, 3, 43, 56-57

[195] Transcript of proceedings, 1 November 2017, pages 58-59

[196] Transcript of proceedings, 1 November 2017, pages 71-72; Exhibit 21

[199] See also discussion of the operation of section 121 of the P&D Act at [13]-[34]

[200] Baptist Community Services v ACT Planning and Land Authority and Ors [2015] ACTCA 3

[201] Baptist Community Services at [58] per Refshauge and Penfold JJ, [79] Burns J

[202] Baptist Community Services at [21]-[36] per Refshauge and Penfold JJ, [79] Burns J

[203] Baptist Community Services at [37]-[57] per Refshauge and Penfold JJ, [79] Burns J

[204] Baptist Community Services at [59] per Refshauge and Penfold JJ, [79] Burns J

[205] Transcript of proceedings, 1 November 2018, page 30

[206] Transcript of proceedings, 1 November 2018, pages 31-32

[207] Transcript of proceedings, 1 November 2018, page 32

[208] Transcript of proceedings, 1 November 2017, page 32

[209] Transcript of proceedings, 1 November 2017, page 34

[210] Transcript of proceedings, 1 November 2017, pages 88-89

[211] Transcript of proceedings, 1 November 2017, page 33

[212] Transcript of proceedings, 1 November 2017, page 34

[213] Transcript of proceedings, 20 October 2017, page 81

[214] Transcript of proceedings, 20 October 2017, page 67

[215] Transcript of proceedings, 20 October 2017, page 31

[216] Transcript of proceedings, 20 October 2017, page 32

[217] Transcript of proceedings, 20 October 2017, pages 37, 50

[218] Transcript of proceedings, 1 November 2017, pages 77-78

[219] Transcript of proceedings, 1 November 2017, page 82

[220] For example, Block 11 Section 28, part of Block 8 Section 29 Rivett

[221] Transcript of proceedings, 1 November 2017, page 62-64

[222] Transcript of proceedings, 1 November 2017, page 35

[223] Transcript of proceedings, 1 November 2017, page 35

[224] Transcript of proceedings, 1 November 2017, page 13-16

[225] Canberra Cruises and Tours Pty Ltd v Minister for Urban Services [1999] ACTAAT 14

[226] Canberra Cruises and Tours Pty Ltd v Minister for Urban Services [1999] ACTAAT 14 at [49]

[227] Transcript of proceedings, 1 November 2017, page 88

[228] See Ergas & Bird v ACT Planning and Land Authority [2004] ACTAAT 18

[230] The Crown lease permits uses for one or more specified purposes including "childcare centre" provided that these uses may only be conducted by a not-for-profit organisation

[232] Transcript of proceedings, 20 October 2017, page 51

[233] Transcript of proceedings, 20 October 2017, pages 51, 52

[234] Transcript of proceedings, 20 October 2017, page 52

[235] See also Exhibit 11, paragraph 23 ff

[236] Transcript of proceedings, 20 October 2017, page 59, 60, 61

[237] Baptist Community Services 3 at [63] per Refshauge and Penfold JJ, [79] Burns J