People have asked Friends of Lee Point if it is possible to stop the Lee Point development and amend the Lee Point Area Plan (which means amending the NT Planning Scheme). The short answer is YES.
Here is a legal advice we received from the Environmental Defenders Office on the 12 August 2021.
- Yes, the relevant Minister (in this case, Eva Lawler, the Minister for Infrastructure, Planning and Logistics) has the power to revoke or modify a development permit by notice in the Government Gazette. This requires that the Minister follow the relevant process set out in s. 66 of the Planning Act 1999 (NT) (Planning Act), which stipulates that the Minister must not revoke or modify such a permit unless the Minister has:
- served a notice in writing on the owner or occupier of the land or the person apparently using or developing the land of the proposal to revoke or modify the permit;
- required the Chair of the Development Consent Authority to carry out an inquiry; and
- considered the report provided by the Chair.
- Under the Planning Act, the Minister has the power to amend the Northern Territory Planning Scheme or any specific planning scheme that applies in relation to an area of land, either on her own initiative, or in response to a request by a person or body to amend a planning scheme.