A development application for Brassey Hotel to build a car park in Belmore Gardens has been approved. This is part of Brassey Hote’s heritage area and very significant to the Barton Housing Precinct as the main axis and view line, and central park. Unfortunately the land (which looks like part of Belmore Gardens park) is a road reserve and unleased land thus does not have the ‘protection’ of the Territory Plan. The car park has also been deemed a ‘minor use’, compounding the difficulty of mounting any kind of appeal through ACAT. This is a case where a series of techno-legal boxes have been ticked that produce a result contrary to the policy objectives of the Territory Plan, Planning and Development Act and the Heritage Act (and the heritage Council approved it too!). Using thse back door provisions meaans no heritage open space is safe.


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