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WEDNESDAY, JULY 31, 1974
BILL TO REMOVE UNCERTAINTY IN TOWN PLANNING ORDINANCE TABLED
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THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY, TODAY INTRODUCED INTO THE LEGISLATIVE COUNCIL THE TOUN PLANNING CAMENDMENT AND VALIDATION) BILL 1974 WHICH SEEKS TO REMOVE UNCERTAINTY OVER THE PRINCIPAL ORDINANCE.
THIS UNCERTAINTY FOLLOWED A SUPREME COURT RULING THAT THE WANCHAJ OUTLINE ZONING PLAN WAS INVALID AS THE EXPLANATORY NOTES CONTAINED IN THE PLAN WERE NOT A PROPER PART OF THE PLAN, AND THAT THE MEANING OF THE NOTES THENSELVES WAS NOT CLEAR.
+ THE RESULT,+ MR. HOBLEY NOTED, +IS THAT ALL TOWN PLANS MUST NOW BE REGARDED AS INEFFECTIVE.+ INTEREST CLEARLY REQUIRED THAT REMEDIAL STEPS BE TAKEN AT ONCE. HE ADDED THAT THE PUBLIC
MR. HOBLEY SAID THE BILL STIPULATED THAT, FOR THE FUTURE, EXISTING TOWN PLANS WOULD CONTINUE TO BE TREATED AS VALID NOTWITHSTANDING THE INCLUSION OF NOTES OR ANY UNCERTAINTY IN
THEM.
+AT THE SAME TIME, IT INTRODUCES A NEW PROVISION SPECIFICALLY AUTHORISING THE TOWN PLANNING BOARD TO INCLUDE ANY MATTER IN A FUTURE PLAN BY MEANS OF NOTES, DIAGRAMS, ILLUSTRATIONS OR OTHER DESCRIPTIVE MATTER AND ALSO ENABLES THE BOARD, FOR THE PURPOSE ONLY OF REMOVING UNCERTAINTY, TO MODIFY THE NOTES IN EXISTING PLANS.+
HE STRESSED THAT THE CLARIFICATION OF THE NOTES WOULD, OF COURSE, HAVE NO EFFECT ON BUILDING PLANS ALREADY APPROVED.
THE ATTORNEY GENERAL NOTED THAT THE BILL WOULD ALSO DEAL WITH THE PAST, THAT IS, ANY TIME BEFORE THE BILL BECOMES LAW.
+FIRSTLY, IT SAYS THAT TOWN PLANS SHALL BE TREATED AS HAVING BEEN VALID FROM THE OUTSET NOTWITHSTANDING THE INCLUSION OF NOTES OR ANY UNCERTAINTY IN THEM.
+SECONDLY, IT PROVIDES THAT PAST REFUSALS OF THE BUILDING AUTHORITY TO APPROVE BUILDING PLANS ON THE GROUND THAT THEY DO NOT CONFORM WITH A TOWN PLAN SHALL ALSO BE REGARDED AS HAVING BEEN VALID NOTWITHSTANDING THE NOW ESTABLISHED INVALIDITY OF THE TOWN PLAN.+
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