Purdon Planning Pty Ltd has lodged an application for an Environmental Impact Statement (EIS) exemption under section 211B of the Planning and Development Act 2007 for the construction of a small-scale agriculture subdivision on Block 5 Section 103 Symonston.

The proposal is for the subdivision of the subject site into eight small-scale agriculture blocks, the creation and removal of access driveways, a lease variation that will permit a single residential dwelling on each block and other associated works.

This EIS exemption application was lodged concurrently with a development application (DA-201835065).

Overview of EIS exemptions

Section 211 of the Planning and Development Act 2007 allows for a proponent to seek exemption from the requirement to complete an EIS. The Minister has discretion under this section to grant an exemption if satisfied that previous studies have adequately identified the potential environmental impacts of the proposal.

A proponent may apply for an EIS exemption for any proposal that would trigger an EIS under Schedule 4 of the Planning and Development Act 2007.

Public consultation

The public consultation period for this EIS exemption application was from 25 November 2019 to 23 January 2020.

Current status: EIS Exemption process complete

On 4 May 2021, the Minister for Planning and Land Management did not grant an EIS exemption for the Symonston Small Scale Agriculture Subdivision.

The applicant applied to the ACT Civil and Administrative Tribunal (the ACAT) to review the decision to not grant the EIS exemption.

During the ACAT process, the applicant submitted an additional report describing further information on the proposed development and provided additional mitigation measures. In consultation with the Conservator of Flora and Fauna, the planning and land authority (the Authority) assessed the additional report and prepared an EIS Exemption consideration report which was provided to the Minister.

The Minister decided to grant the EIS exemption based on the additional information. The ACAT agreed to set aside the original decision and substituted it with a decision to grant the EIS exemption.

Notifiable instrument NI2022-555, formally granting the EIS exemption, can be accessed on the Legislation Register.

As a result, the concurrent development application (DA-201835065) is now being assessed by the Authority.