It is true that the accommodation is not long term accommodation and that the identity of the residents of 1A Napier Street will change on a regular basis. Residential accommodation is however a significant aspect of the use of the existing large residence and externally there will be not appreciable changes to the appearance of the residence its outbuildings and grounds.

Any impact that this proposal may have on the character of the locality, so well described by Mrs Keech in her evidence, or on the amenity of the neighborhood will not be that which even might be expected by the occupation of the residence by the large family which might be anticipated to purchase a five bedroom residence. Indeed a large family without the temperance and the temperate and caring personalities described by Mrs Keech as being possessed by people in her community would have an impact on both character and amenity far greater than any which might be rationally imagined from the subject proposal.

The Tribunal finds it unnecessary to canvas the detail of the obvious public interest in the establishment of a short term accommodation facility such as this because it is of the view that a consideration of the character of the locality and the existing and future amenity of the neighbourhood and the values of the surrounding locality does not militate against the exercise of the Tribunal's discretion to grant the application for planning approval.

If however the Tribunal had reached the conclusion that it was solely the perceptions of those opposed to the proposal and evaluated on the question of "subjective amenity" which impacted on the amenity of the neighbourhood it would have considered that such an impact was outweighed by the public interest in the promotion of a wider health model for Aboriginal people. Such a public interest was recognized in the report of the National Aboriginal Health Strategy Working Party and in the report of the Royal Commission into Aboriginal Deaths in Custody (1990) and it is this wider health model which is sought to be implemented by the Tasmanian Aboriginal Centre Inc in this case.

The Tribunal accepts the validity of Mr Fadgyas's evidence that there is a need for the development of policies at both a National and State level which will facilitate the recognition in local planning schemes of this aspect of public interest. In the interim however the question of the public interest must be addressed on a case by case basis.

The decision of the Appeal Tribunal is a decision setting aside the decision of the Launceston City Council appealed against and deciding in substitution therefor that Application No DA.02.94.026 to develop and use an existing dwelling at 1A Napier Street for temporary emergency accommodation be approved.

In addition the Tribunal grants the permit for the said development and use and directs that the permit must contain the following conditions:

"1. It shall be a pre condition of residence at 1A Napier Street that a resident has been referred by the Manager of the Aboriginal Health Program operated by the Tasmanian Aboriginal Centre Inc or by a Health Program Staff member after assessment of the proposed resident's immediate health, sobriety, emotional or personal needs has been conducted at some other place.

2. Residents so referred to 1A Napier Street on the occasion of each referral shall be accompanied for the first time by a Health Program Staff member or other staff member of the Tasmanian Aboriginal Centre Inc as may be directed by the Manager of the Aboriginal Health Program or a Health Program Staff member

3. Residents so referred for residence at 1A Napier Street be so accompanied to that address only between the hours of 8.00am and 6.00pm on any day of the week

4. No alcohol or non prescription drugs are to be permitted to be kept or used on the premises.

5. No more than 5 referred residents are to be accommodated at the premises at any one time.

6. Two adequately trained staff members are to remain on the premises at all times whilst referred residents are on the premises.

7. A prominently displayed street number indicating the address "1A Napier Street" is to be established in a location and to a design and construction which satisfies an officer of the Launceston City Council delegated for that purpose.

8. Mature trees are to be planted where none currently exist on the southern side of the lane way to the premises of such height and density to adequately screen the driveway from the adjacent park. Such tree planting is to be carried out to the satisfaction of an officer of the Launceston City Council delegated for that purpose.

9. Mature evergreen trees are to be planted, or such alternative screening as may be agreeed between the Tasmanian Aboriginal Centre Inc. And MR LC Thorne is to be constructed, on the premises of 1A Napier Street adjacent to the rear or western fence of No 1 Napier Street of such height and density as to adequately screen the former premises from the rear yard of 1 Napier Street. Such tree planting or alternative construction is to be to the satisfaction of an officer of the Launceston City Council delegated for that purpose.

10. This permit shall lapse if not acted upon within 12 months from the date hereof."

The Tribunal will hear the parties if requested in writing to do so within the next 7 days as to any further or other conditions which are to apply to the permit.

The Tribunal will entertain any application for and any submissions in support of any application for an order for costs in this appeal if made to the Tribunal in writing within the next seven days. If requested the Tribunal will reconvene to hear any evidence in respect of any matter bearing on an order for costs.

In the absence of any application for an order for costs the order of the Tribunal is that each party bear its own costs.