The applicant neighbour succeeded in establishing jurisdiction for third-party review; the Tribunal set aside the development approval and remitted the matter to the territory planning authority for reconsideration, with recommendations that privacy screening plans be required and approved before the development proceeds. The Tribunal held that the exemption from public notification under reg 38(b) of the Planning (General) Regulation 2023 applies only where the existing building on the block is a 'single dwelling' — meaning a class 1 building under the BCA — assessed by reference to the purpose for which the building has been designed, constructed, or adapted to be used at the time of the development application. Where a building originally constructed as a single dwelling has been adapted for use as a diplomatic residence and chancellery (i.e. an embassy), it is no longer a class 1 building and the exemption does not apply. The Tribunal also held that use as an 'embassy' in the ordinary sense is lawful where the Crown lease and Territory Plan permit the combined uses of diplomatic residence and chancellery, notwithstanding that 'embassy' is not a defined permitted use. The apprehended bias application was dismissed, the Tribunal finding no logical connection between the case management procedures adopted and any feared departure from impartial decision-making.
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