Mr STONE - 1999-04-27
Members interjecting.
Mr SPEAKER: Order!
Mr STONE: This is historic. This is the first question I’ve asked in nine years.
My question relates to Bayview Haven Estate which falls within my electorate. Can the minister advise the enforceability of covenants on particular height restrictions at Bayview Haven? Do these covenants actually exist?
Mr Bailey interjecting.
Mr STONE: Do you mind? I mean its been a pleasant break from you. At least I can ask my question with some degree of peace.
The third part of the question, Mr Speaker, is as follows: Is the minister aware of difficulties that have arisen at Bayview Haven in relation to the height of residential structures and what assurances can the minister give to those residents and my constituents relating to height and the impact on their amenity of life in that residential development?
Ms Martin: With specific reference to Lot 61.
Mr SPEAKER: Order!
ANSWER
Mr Speaker, that is a very good question, and I think the Leader of the Opposition is a bit disappointed that she didn’t get to ask it, because as usual, she got up too slow.
It is a complex question and let me just say at the outset …
Members interjecting.
Mr SPEAKER: Order! Order! A question has been asked.
Mr BALDWIN: ... for the member for Port Darwin’s sake, that the developers did not impose any building height covenants in this stage 1 of the development. But they have recently informed me that there will be covenants on the titles of the blocks in stage 2 that will determine the maximum height of all buildings in that stage.
I have told them that they can have the use of my planners in the department to make sure that they get those right, and that the covenant will complement the building height provisions in the Darwin town plan ...
Members interjecting.
Mr BALDWIN: And there certainly has been ...
Ms Martin: There’s no ...
Mr SPEAKER: Order!
Mr BALDWIN: There certainly has been some difficulties in stage 1, where several houses have been built which do exceed the height provisions of the town plan. The NT Planning Authority has responded to the situation and is using their legislative powers to address the problem.
Mr Bailey interjecting.
Mr SPEAKER: Order! The member for Wanguri!
Mr BALDWIN: Members should be aware - particularly those opposite - that it’s the responsibility of building certifiers to determine that they are within the regulations and within the act set down by government. That should not be forgotten, and my department is there to assist those private building certifiers to ensure that that happens.
Ms Martin: How come they’re getting it so wrong?
Mr BALDWIN: Let me tell you why they’re getting it so wrong. Because the Leader of the Opposition hasn’t been out there, she doesn’t know what she’s talking about.
Mr Coulter interjecting.
Mr BALDWIN: Yes, well, that’s true. The problem has occurred because many of those houses are built on sloping sites, and the certifiers have had difficulty in determining where to apply the provisions of the town plan in relation to the natural ground level because of the way it’s been benched out in the development of that Stage 1.
For members and Territorians’ sake, the building heights are taken from the natural ground level to the ceiling height of the habitable rooms in the building and it’s determining where the natural ground level is that’s been the cause of the problem, as I said, because of excavation and benching out of sites. As a result of those difficulties, my department has produced an explanatory notice to ensure that all private certifiers are using a standard determination of the natural ground level.
I can assure people buying in Bayview Haven that it won’t happen again. The issue is being resolved, particularly in relation to new buildings. There have been some problems, as I said, with the older buildings that have gone up, as determined by private certifiers and that issue is being undertaken for resolution by the Planning Authority as we speak. I thank the member for his question.
Mr SPEAKER: Order!
Mr STONE: This is historic. This is the first question I’ve asked in nine years.
My question relates to Bayview Haven Estate which falls within my electorate. Can the minister advise the enforceability of covenants on particular height restrictions at Bayview Haven? Do these covenants actually exist?
Mr Bailey interjecting.
Mr STONE: Do you mind? I mean its been a pleasant break from you. At least I can ask my question with some degree of peace.
The third part of the question, Mr Speaker, is as follows: Is the minister aware of difficulties that have arisen at Bayview Haven in relation to the height of residential structures and what assurances can the minister give to those residents and my constituents relating to height and the impact on their amenity of life in that residential development?
Ms Martin: With specific reference to Lot 61.
Mr SPEAKER: Order!
ANSWER
Mr Speaker, that is a very good question, and I think the Leader of the Opposition is a bit disappointed that she didn’t get to ask it, because as usual, she got up too slow.
It is a complex question and let me just say at the outset …
Members interjecting.
Mr SPEAKER: Order! Order! A question has been asked.
Mr BALDWIN: ... for the member for Port Darwin’s sake, that the developers did not impose any building height covenants in this stage 1 of the development. But they have recently informed me that there will be covenants on the titles of the blocks in stage 2 that will determine the maximum height of all buildings in that stage.
I have told them that they can have the use of my planners in the department to make sure that they get those right, and that the covenant will complement the building height provisions in the Darwin town plan ...
Members interjecting.
Mr BALDWIN: And there certainly has been ...
Ms Martin: There’s no ...
Mr SPEAKER: Order!
Mr BALDWIN: There certainly has been some difficulties in stage 1, where several houses have been built which do exceed the height provisions of the town plan. The NT Planning Authority has responded to the situation and is using their legislative powers to address the problem.
Mr Bailey interjecting.
Mr SPEAKER: Order! The member for Wanguri!
Mr BALDWIN: Members should be aware - particularly those opposite - that it’s the responsibility of building certifiers to determine that they are within the regulations and within the act set down by government. That should not be forgotten, and my department is there to assist those private building certifiers to ensure that that happens.
Ms Martin: How come they’re getting it so wrong?
Mr BALDWIN: Let me tell you why they’re getting it so wrong. Because the Leader of the Opposition hasn’t been out there, she doesn’t know what she’s talking about.
Mr Coulter interjecting.
Mr BALDWIN: Yes, well, that’s true. The problem has occurred because many of those houses are built on sloping sites, and the certifiers have had difficulty in determining where to apply the provisions of the town plan in relation to the natural ground level because of the way it’s been benched out in the development of that Stage 1.
For members and Territorians’ sake, the building heights are taken from the natural ground level to the ceiling height of the habitable rooms in the building and it’s determining where the natural ground level is that’s been the cause of the problem, as I said, because of excavation and benching out of sites. As a result of those difficulties, my department has produced an explanatory notice to ensure that all private certifiers are using a standard determination of the natural ground level.
I can assure people buying in Bayview Haven that it won’t happen again. The issue is being resolved, particularly in relation to new buildings. There have been some problems, as I said, with the older buildings that have gone up, as determined by private certifiers and that issue is being undertaken for resolution by the Planning Authority as we speak. I thank the member for his question.
Last updated: 09 Aug 2016