A challenge to the first order under the ACT’s new planning legislation is to go before the Administrative Appeals Tribunal today (Friday).
The order was made on March 10 by the Department of Environment Land and Planning against Authentic System Pty Ltd to stop what the department said was a breach of a lease-purpose clause in Hume by food retailing in an industrial-wholesale area.
A nearby business, Hill Station, which had asked the department to make the order, has been notified of the appeal against it. Hill Station which has a retail-food-outlet purpose for a cafe said its business is being affected by a canteen, which opened on Monday, being run a kilometre away .
The order was to take effect on April 30. One of the proprietors of Hill Station, Paul Smith, said yesterday that since Monday his cafe’s business had been down 40 per cent.
Authentic System is seeking a stay of the order because they were unaware of how to exercise their rights to get a review of the order and says it would not be unjust to allow an order to take effect on April 30 before there could be a review on the merits of an order made on March 10.