National Capital Plan – Amendment 86 – Revised National Capital Plan (Cth)

National Capital Plan – Amendment 86 – Revised National Capital Plan¹

Australian Capital Territory (Planning and Land Management) Act 1988

I, PAUL FLETCHER, Minister for Territories, Local Government and Major Projects, approve this amendment of the National Capital Plan under section 19(1)(a) of the Australian Capital Territory (Planning and Land Management) Act 1988.

Dated 5 May 2016

PAUL FLETCHER

Minister for Territories, Local Government and Major Projects

1              Name of instrument

This instrument is the National Capital Plan – Amendment 86 – Revised National Capital Plan.

2              Commencement

This instrument commences on the date of its registration.

3              Amendment of National Capital Plan

Schedule 1 amends the National Capital Plan.

Schedule 1        Amendment

(section 3)

[1]       Page (i) and all pages up to the last page of Appendix X

Omit everything (all text, tables, figures, maps, any other images) from and including the work ‘Foreword’ on page (i) up to an including figure 2 in Appendix X, and substitute:

Contents

INTRODUCTION

GOVERNANCE

The Australian Capital Territory (Planning and Land Management) Act 1988

National Capital Plan

Object of the Plan

Functions of the Plan

Objectives of the National Capital Plan

Works approval

Relationship with the Territory Plan

Development and management of National Land

Definitions

PART ONE – THE NATIONAL SIGNIFICANCE OF CANBERRA AND THE TERRITORY

Explanatory Statement

1.1        Matters of National Significance

1.2        Designated Areas

PART TWO – STATEMENT OF PLANNING PRINCIPLES

Explanatory Statement

2.1        General matters

2.2        Productivity

2.3        Sustainability

2.4        Liveability

2.5        Accessibility

PART THREE – LAND USE PLANS AND GENERAL LAND USE CONTROLS

Explanatory Statement

3.1        General Policy Plans

3.2        National Capital Open Space System

3.3        Urban Areas

3.5        Employment location

3.6        Broadacre Areas

3.7        Rural Areas

PART FOUR – DESIGNATED AREAS AND SPECIAL REQUIREMENTS

Explanatory Statement

PART FOUR(A) – PRINCIPLES AND POLICIES FOR DESIGNATED AREAS AND SPECIAL REQUIREMENTS FOR NATIONAL LAND OUTSIDE DESIGNATED AREAS

Explanatory Statement

4.0        Designated Areas

4.2        THE PARLIAMENTARY ZONE AND ITS SETTING

PRECINCT CODES

4.3        PARLIAMENTARY ZONE PRECINCT CODE

4.4        BARTON PRECINCT CODE

4.5        DEAKIN/FORREST RESIDENTIAL AREA PRECINCT CODE

4.6        CITY HILL PRECINCT CODE

4.7        WEST BASIN PRECINCT CODE

4.8 CONSTITUTION AVENUE AND ANZAC PARADE PRECINCT CODE

4.9        AUSTRALIAN DEFENCE FORCE ACADEMY AND ROYAL MILITARY COLLEGE DUNTROON PRECINCT CODE

4.10     AUSTRALIAN NATIONAL BOTANIC GARDENS PRECINCT CODE

4.11     JERRBOMBERRA WETLANDS PRECINCT CODE

4.12     LAKE BURLEY GRIFFIN AND FORESHORES PRECINCT CODE

4.13     ACTON PENINSULA PRECINCT CODE

4.14     DIPLOMATIC PRECINCT (YARRALUMLA, DEAKIN AND O’MALLEY) CODE

4.15     MAIN AVENUES AND APPROACH ROUTES PRECINCT CODE

4.16     AUSTRALIAN INSTITUTE OF SPORT PRECINCT CODE

4.17     AUSTRALIAN NATIONAL UNIVERSITY PRECINCT CODE

4.18     CSIRO (BLACK MOUNTAIN) PRECINCT CODE

GENERAL CODES

4.19     DESIGN AND SITING GENERAL CODE

4.20     SIGNS GENERAL CODE

4.21     TELECOMMUNICATIONS GENERAL CODE

SPECIAL REQUIREMENTS FOR NATIONAL LAND OUTSIDE DESIGNATED AREAS

4.22     Special Requirements for National Land

PART FOUR(b) – SPECIAL REQUIREMENTS FOR TERRITORY LAND

4.23     Main Avenues

4.24     Approach Routes

4.25     City Centre

4.26     Kingston Foreshore

Appendix A – Land use definitions

Appendix B – General definitions

List of figures

Figure 1: Designated Areas

Figure 2: General Policy Plan – Metropolitan Canberra

Figure 3: General Policy Plan – Australian Capital Territory

Figure 4: Inner Hills – North Canberra (east)

Figure 5: Inner Hills – North Canberra (west)

Figure 6: Inner Hills – South Canberra (west)

Figure 7: Inner Hills – South Canberra (east)

Figure 8: Defined Activity Centres

Figure 9: Tidbinbilla Deep Space Communication Complex zone constraints

Figure 10: Designated Areas precincts

Figure 11: The Parliamentary Zone Precinct location

Figure 12: Land use for the Parliamentary Zone Precinct

Figure 13: Parliamentary Zone - Formation of campuses

Figure 14: Parliamentary Zone - Indicative development plan

Figure 15: Barton Precinct location

Figure 16: Land use for the Barton Precinct

Figure 17: York Park Masterplan – Indicative development plan

Figure 18: York Park Masterplan – Indicative sections (1)

Figure 19: York Park Masterplan – Indicative sections (2)

Figure 20: York Park Masterplan – Indicative sections (3)

Figure 21: Section 9 Barton – Indicative building height and form

Figure 22: Section 9 Barton – Indicative active frontages

Figure 23: Section 9 Barton – Indicative parking and access

Figure 24: Section 9 Barton – Indicative street sections

Figure 25: Section 9 Barton – Indicative landscape/streetscape

Figure 26: Section 9 Barton – Indicative pedestrian links

Figure 27: Deakin Forrest Residential Precinct location

Figure 28: Land use for the Deakin Forrest Residential Precinct

Figure 29: Deakin Forrest Residential Precinct - Indicative block amalgamation and access

Figure 30: Deakin Forrest Residential Precinct - Building envelopes and setbacks

Figure 31: Deakin Forrest Residential Precinct – Indicative development plan for State Circle

Figure 32: Deakin Forrest Residential Precinct – Indicative elevation for State Circle

Figure 33: Deakin Forrest Residential Precinct – Indicative cross section for State Circle

Figure 34: Block 10 Section 13 Forrest - General design principles

Figure 35: Block 10 Section 13 Forrest - Indicative edge cross sections

Figure 36: City Hill Precinct location

Figure 37: Land use for the City Hill Precinct

Figure 38: City Hill – Indicative development

Figure 39: City Hill – City Hill Park as a central open space

Figure 40: City Hill – Indicative building form, height and landmark buildings

Figure 41: City Hill – Indicative avenue connection and vistas

Figure 42: City Hill – Indicative road hierarchy

Figure 43: City Hill – Indicative public transport

Figure 44: City Hill – Indicative laneways

Figure 45: City Hill – Indicative pedestrian links

Figure 46: City Hill – Indicative street cross section (Constitution Avenue to City Hill Park)

Figure 47: City Hill – Indicative street cross sections

Figure 48: City Hill – Indicative Vernon Circle

Figure 49: Artist’s impression of Vernon Circle

Figure 50: City Hill – Indicative development (an aerial perspective looking northwest towards the National Triangle

Figure 51: City Hill – An artist’s impression of City Hill Park looking towards the National Triangle

Figure 52: West Basin Precinct location

Figure 53: Land use for the West Basin Precinct

Figure 54: West Basin – Indicative urban structure

Figure 55: West Basin – Indicative development

Figure 56: West Basin – Indicative extension of the city to the lake

Figure 57: West Basin – Indicative lake reclamation and land bridge

Figure 58: West Basin – Heritage

Figure 59: West Basin – Indicative landscape/streetscape

Figure 60: West Basin – Indicative section waterfront promenade

Figure 61: West Basin – Indicative waterfront promenade

Figure 62: West Basin – Indicative cycle ways and ferry routes

Figure 63: West Basin – Indicative active frontages

Figure 64: West Basin – Indicative section along Marcus Clarke Street extension

Figure 65: West Basin – Indicative street cross sections

Figure 66: West Basin – Indicative road hierarchy

Figure 67: West Basin – An artist’s impression of extending the City to the Lake

Figure 68: Constitution Avenue and Anzac Parade Precinct location

Figure 69: Land use for the Constitution Avenue and Anzac Parade Precinct

Figure 70: Constitution Avenue and Anzac Parade – Indicative urban structure (1)

Figure 71: Constitution Avenue and Anzac Parade – Indicative urban structure (2)

Figure 72: Constitution Avenue and Anzac Parade – Indicative main pedestrian connections

Figure 73: Constitution Avenue and Anzac Parade – Landscape structure

Figure 74: Constitution Avenue and Anzac Parade – Indicative landscape structure

Figure 75: Constitution Avenue and Anzac Parade – Indicative public transport, access and circulation

Figure 76: Constitution Avenue and Anzac Parade – Indicative road structure

Figure 77: Constitution Avenue and Anzac Parade – Indicative cycle ways

Figure 78: Constitution Avenue and Anzac Parade – Indicative streetscape design

Figure 79: Constitution Avenue and Anzac Parade – Indicative typical cross section Parkes Way between Commonwealth and Kings Avenue

Figure 80: Constitution Avenue and Anzac Parade – Indicative active frontage

Figure 81: Constitution Avenue and Anzac Parade – Indicative building height and form

Figure 82: Constitution Avenue and Anzac Parade - Measurement of building height

Figure 83: Constitution Avenue and Anzac Parade – Indicative stormwater (proposed)

Figure 84: Constitution Avenue and Anzac Parade – Indicative development

Figure 85: Constitution Avenue and Anzac Parade – An artist’s impression of Constitution Avenue

Figure 86: Section 5 Campbell – Illustrative development plan

Figure 87: Section 5 Campbell – Public Space

Figure 88: Section 5 Campbell – Built form envelopes

Figure 89: Section 5 Campbell – Primary building line setbacks from boundary

Figure 90: Section 5 Campbell - Building height

Figure 91: Section 5 Campbell – Preferred sites for deep soil landscape locations

Figure 92: Section 5 Campbell – Landscape treatment at corner of Constitution Avenue and Anzac Park East

Figure 93: Section 5 Campbell – Indicative streetscape development location plan

Figure 94: Section 5 Campbell – Wendouree Drive

Figure 95: Section 5 Campbell – Park edge street (Getting extension)

Figure 96: Section 5 Campbell – Park edge street (Chowne Street alignment)

Figure 97: Section 5 Campbell – Shared Way (Chowne Street alignment)

Figure 98: Section 5 Campbell – Memorial streets

Figure 99: Section 5 Campbell –Anzac Park East

Figure 100: Australian Defence Force Academy and Royal Military College Duntroon Precinct location

Figure 101: Australian Defence Force Academy and Royal Military College Duntroon – Constraints Plan

Figure 102: Land use for the Australian Defence Force Academy and Royal Military College Duntroon Precinct

Figure 103: Australian Defence Force Academy and Royal Military College Duntroon – Zone map

Figure 104: Academy Close concept design

Figure 105: Australian National Botanic Gardens Precinct location

Figure 106: Land use for the Australian National Botanic Gardens Precinct

Figure 107: Australian National Botanic Gardens Master Plan

Figure 108: Jerrabomberra Wetlands Precinct location

Figure 109: Land use for the Jerrabomberra Wetlands Precinct

Figure 110: Jerrabomberra Wetlands Precinct – Policy zones

Figure 111: Lake Burley Griffin and Foreshores Precinct location

Figure 112: Land use for the Lake Burley Griffin and Foreshores Precinct

Figure 113: Acton Peninsula Precinct location

Figure 114: Land use for the Acton Peninsula Precinct

Figure 115: Acton Peninsula – Urban structure

Figure 116: Acton Peninsula – Landscape character

Figure 117: Acton Peninsula – Built form

Figure 118: Acton Peninsula – Heritage

Figure 119: Acton Peninsula – Transport and movement

Figure 120: Yarralumla and Deakin Diplomatic Precinct location

Figure 121: O’Malley Diplomatic Precinct location

Figure 122: Land use for the Yarralumla and Deakin Diplomatic Precinct

Figure 123: Land use for the O’Malley Diplomatic Precinct

Figure 124: Main Avenues location

Figure 125: Approach Routes location

Figure 126: Federal Highway road design characteristics

Figure 127: Federal Highway landscape realms and patterns

Figure 128: Australian Institute of Sport Precinct location

Figure 129: Land use for the Australian Institute of Sport Precinct

Figure 130: Australian Institute of Sport – Spatial definition and guidelines

Figure 131: Australian Institute of Sport Precinct Plan

Figure 132: Australian Institute of Sport – Pedestrian Spine

Figure 133: Australian National University Precinct location

Figure 134: Land use for the Australian National University Precinct

Figure 135: Australian National University - campus structure

Figure 136: Australian National University - Restricted Development Zones

Figure 137: Australian National University - Indicative building heights

Figure 138: Australian National University - Heritage items

Figure 139: CSIRO (Black Mountain) Precinct location

Figure 140: Land use for the CSIRO (Black Mountain) Precinct

Figure 141:Territory Land subject to Special Requirements

Figure 142: City Centre area subject to Special Requirements

Figure 143: Kingston Foreshore area subject to Special Requirements

INTRODUCTION

The National Capital Plan (the Plan) is the strategy and blueprint giving effect to the Commonwealth’s interests and intentions for planning, designing and developing Canberra and the Territory.

Australia's National Capital officially came into being in January 1911, when title to 911 square miles of land in the ‘district of Yass-Canberra’ was passed to the Commonwealth by the State of New South Wales. The Seat of Government Acceptance Act of 1909 provided that the Territory would be acquired by the Commonwealth for the Seat of Government and that it would be known as the Federal Capital Territory.

Canberra's function as the Seat of Government and as the nation's capital have been the basis for the establishment of Australia's principal governmental, judicial, cultural, scientific, educational, and military institutions. It has resulted in foreign governments establishing diplomatic missions and residences, and in an increasing number of national organisations and institutions seeking a presence in the capital.

The gradual accumulation of important national functions has been accompanied by a growing awareness of Canberra's significance in Australia's national and international life.

The present city of Canberra is far bigger than most of its founders ever imagined. But at each stage of its growth, great care has been taken to maintain a quality and standard of development appropriate to Australia’s capital.

The introduction of self-government for the Australian Capital Territory in 1988 created a circumstance where two governments, the Australian Government and the Australian Capital Territory Government (ACT Government), share responsibility for the further development of the Territory.

The ACT Government is responsible for managing the affairs of the Territory on a parliamentary, legislative, administrative and financial basis comparable to the Australian States. The ACT Government also manages those functions which, in the States, are performed by local government. The ACT Legislative Assembly has the general power to make laws for the peace, order and good government of the Territory.

Canberra's role and functioning as the National Capital remains a responsibility of the Australian Government. The Australian Government has a direct responsibility for locations and functions that reflect Canberra as the National Capital.

The Australian Constitution provides that:

‘The Seat of Government of the Commonwealth shall be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth…’.

Under the Constitutional provision, the Commonwealth remains the owner of land in the Territory even after the granting of self-government. The Australian Capital Territory (Planning and Land Management) Act 1988 provides that land used by or on behalf of the Commonwealth may be declared National Land, and managed by the Commonwealth. The remaining lands of the Territory are Territory Land and these lands are managed by the ACT Government on behalf of the Commonwealth.

In order to maintain a broad oversight of planning in the Territory as a whole, and to ensure its involvement in the planning, design and development of those areas having the special characteristics of the National Capital, the Commonwealth established the National Capital Authority to reflect its interests and carry out its intentions.

The purpose of the Plan is to ensure that the Commonwealth’s national capital interests in the Territory are protected, without otherwise involving the Commonwealth in matters that should be the prerogative of the Canberra community. The Plan establishes the following matters of national significance in the planning and development of Canberra and the Territory:

·     The pre-eminence of the role of Canberra and the Territory as the centre of National Capital functions, and as the symbol of Australian national life and values.

·     Conservation and enhancement of the landscape features which give the National Capital its character and setting, and which contribute to the integration of natural and urban environments.

·     Respect for the key elements of the Griffins’ formally adopted plan for Canberra.

·     Creation, conservation and enhancement of fitting sites, approaches and backdrops for national institutions and ceremonies as well as National Capital Uses.

·     The development of a city which both respects environmental values and reflects national concerns with the sustainability of Australia’s urban areas.

Having regard to these matters, at its broadest level the Plan prescribes broad land use controls across the whole of the Territory. At its most detailed level, the Plan sets out detailed conditions of planning, design and development for those areas identified as having the special characteristics of the National Capital.

The matters of national significance and principles and policies of the Plan ensure that the physical setting of the National Capital and the quality of its buildings and public spaces are befitting of the National Capital.

GOVERNANCE

The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) establishes the requirements for the National Capital Plan (the Plan) and its administration. For full information it is important to refer to the legislation itself. A summary of key provisions is outlined below.

The Australian Capital Territory (Planning and Land Management) Act 1988

The Act was proclaimed on 31 January 1989.

The Act introduced new arrangements for the planning and development of the Territory, designed to provide for continuing Commonwealth involvement in the development of the National Capital, while ensuring that the interests of the people of Canberra are both fully represented and protected.

The necessity for the new planning arrangements was a consequence of the Commonwealth's decision to introduce self-government to the Australian Capital Territory. This was provided for by the Australian Capital Territory (Self Government) Act 1988 which established the ACT Legislative Assembly to govern the Territory.

National Capital Plan

The Plan is prepared and administered by the National Capital Authority.

Object of the Plan

The Plan has a single statutory object:

…to ensure that Canberra and the Territory are planned and developed in accordance with their national significance.

Functions of the Plan

The Plan is a statutory document which:

• specifies areas of land that have the special characteristics of the National Capital to be Designated Areas

• defines the planning principles and policies for giving effect to the object of the Plan and sets general standards and aesthetic principles to be adhered to in the development of the National Capital

• sets out general policies to be implemented throughout the Territory, being policies of land use and the planning of national and arterial road systems

• sets out the detailed conditions of planning, design and development for Designated Areas

• sets out Special Requirements for the development of areas (not being in a Designated Area) that are desirable in the interests of the National Capital. 

Objectives of the National Capital Plan

Building on the object of the Plan and the matters of national significance are the key objectives of the Plan – goals for the city and what the planning and development of Canberra and the Territory should achieve.

Key objectives of the Plan are to:

1. Recognise the pre-eminence of the role of Canberra and the Territory as Australia’s National Capital.
2. Further develop and enhance a Central National Area which includes the National Triangle and its setting, Lake Burley Griffin and its foreshores and the diplomatic sites and national institutions, as the heart of the National Capital.
3. Emphasise the national significance of the main approach routes and avenues.
4. Respect the geometry and intent of the Griffins’ formally adopted plan for Canberra.
5. Maintain and enhance the landscape character of Canberra and the Territory as the setting for the National Capital.
6. Protect the undeveloped hill tops and the open spaces which divide and give form to Canberra’s urban areas.
7. Provide a plan offering flexibility and choice to enable the Territory Government properly to fulfil its functions.
8. Support and promote environmentally responsible urban development practices.

Works approval

Works (as defined by the Act) within Designated Areas require approval from the National Capital Authority. The National Capital Authority uses the Plan to assess applications for works approval.

Relationship with the Territory Plan

The Act describes the specific nature of the relationship between the Plan and the Territory Plan:

‘The Territory Plan has no effect to the extent that it is inconsistent with the National Capital Plan, but the Territory Plan shall be taken to be consistent with the National Capital Plan to the extent that it is capable of operating concurrently with the National Capital Plan.’

The Act requires the ACT Legislative Assembly to make laws to establish a Territory planning authority and confer functions on that authority to prepare and administer a plan in a manner not inconsistent with the Plan.

The object of the Territory Plan is ‘to ensure, in a manner not inconsistent with the National Capital Plan, the planning and development of the Territory to provide the people of the Territory with an attractive, safe and efficient environment in which to live and work and have their recreation’.

The Act requires the Territory Plan to define the planning principles and policies for giving effect to the object of the plan and provides that it may include the detailed conditions of planning, design and development of land and the priorities in carrying out such planning, design and development.

The Territory Plan does not apply to land within Designated Areas. In all other areas, and within the framework of the Plan, the Territory Plan will guide the day to day planning and development of Canberra and the Territory.

Development and management of National Land

The Act provides that land used by or on behalf of the Commonwealth may be declared National Land, and managed by the Commonwealth.

Given the significant presence of Commonwealth Departments and authorities in the Territory and the extent of their National Land holdings, it is appropriate that procedures be established to assess Commonwealth development proposals and that the provisions of both the National Capital and Territory Plans be observed. Accordingly, the Plan:

• includes large National Land sites within Designated Areas where it is considered that they have the special characteristics of the National Capital
• contains Special Requirements for Development Control Plans to be prepared and agreed by the National Capital Authority in respect of the remaining National Land sites which are not included within Designated Areas
• requires that proposals to develop, subdivide or lease National Land must be referred to the National Capital Authority who will assess consistency with the provisions of the Plan.

Definitions

The meaning of terms used in the Plan are defined within Appendices A and B, or within the Act.

PART ONE – THE NATIONAL SIGNIFICANCE OF CANBERRA AND THE TERRITORY

Explanatory Statement

Section 9 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) states that the object of the National Capital Plan (the Plan) is to ensure that Canberra and the Territory are planned and developed in accordance with their national significance.

In order to establish an effective relationship between the Commonwealth’s role in the planning and development of Canberra and the Territory as the National Capital, and the ACT Government’s role in the planning and development of the Territory in the interests of good government of the Territory, it is essential to have an understanding of the implications and intent of the concept of ‘national significance’ as presented in the Plan.

Part One provides a narrative describing the national significance of Canberra and the Territory. This narrative describes the aspiration of our forebears and the subsequent selection of the site for the nation’s capital, the winning plan for a city which now symbolises Australian democracy, the values, ideas and achievements of Australian people, and the city as a place of foreign representation. Following this narrative, a series of ‘matters of national significance’ are nominated. These matters of national significance are those considered vital to advancing the aspects of Canberra and the Territory which are special to the character of the city and to the National Capital role.

Having regard to the national significance of Canberra and the Territory and the matters of national significance, Part One specifies Designated Areas in accordance with section 10(1) of the Act. These areas represent those places and spaces deemed to have the special characteristics of the National Capital.

1.1    Matters of National Significance

Canberra is nationally significant as a major outcome and symbol of the Federation of Australia and home of Australia’s democracy. The city was conceived as an ideal city, a National Capital worthy of the aspirations, passions, values and patriotism of the Federation movement for the fledgling Australian nation. Canberra is home to the Parliament and Executive, is the centre of national administration and home to many of Australia’s national institutions. It is a city which embodies the Australian spirit, and symbolises Australian life and achievement.

Canberra is one of the few cities in the world designed on a greenfield site through an international town planning competition. The result of this is a city in which the character and setting are unique – a beautiful city of identifiably Australian character, based on ‘city beautiful’ and ‘garden city’ town planning concepts prevalent at the time of the city’s inception.

An international competition for the design of Australia's National Capital was announced in 1911. Walter Burley and Marion Mahony Griffin's (the Griffins’) winning plan, on which the development of Canberra was first based, was more than sympathetic to the aspirations of those in Federal Parliament at the time. The Griffins’ used the topography to provide fitting sites, approaches, outlooks and backdrops for great buildings to house the nation's major institutions of democracy, for ceremonial occasions, and for other purposes related to the national functions of the city. The open space system, the hills, and grand avenues accentuate natural axes and become both the symbolic and functional base for the Capital.

Adherence to the vision of the National Capital as a ‘great and beautiful city’, has ensured that the immediate landscape setting of the City as well as the distant mountains in the Australian Capital Territory have been consciously protected from development; has protected the environment of the ACT from excessive pollution; has created the open space system which separates individual towns yet binds the whole together into the city of Canberra; and has preserved the integrity of land and buildings for national purposes.

As the seat of Australia’s robust democracy, Canberra provides the Australian community with public spaces for vibrant exchange between the citizenry and their parliamentary representatives. Canberra has been the site for momentous decisions and movements for change that have impacted on the lives of all Australians and continue to resonate today.

The city is significant for its role in commemoration – the celebration of people, events or ideas that have meaning and value for the community, and sites or objects which are a physical expression of prevailing ideas and beliefs of the Australian people. The central national areas of Canberra are home to the many commemorative works representing people, ideas and events that have cultural significance for the nation, which reflect the evolving values, ideas and aspirations of the Australian community, and which contribute to the education of all Australians by enhancing our sense of place and increasing our understanding of cultural diversity.

The major criteria defined in the aspirations of our first Members of Parliament and translated so eloquently in the Griffins’ plans, are the keys to the character of the Canberra of today. These principles and the city they produced were judged to be of national significance when first espoused in 1907, and remain so today.

Matters of national significance in the planning and development of Canberra and the Territory include:

·     The pre-eminence of the role of Canberra and the Territory as the centre of National Capital functions, and as the symbol of Australian national life and values.

·     Conservation and enhancement of the landscape features which give the National Capital its character and setting, and which contribute to the integration of natural and urban environments.

·     Respect for the key elements of the Griffins’ formally adopted plan for Canberra.

·     Creation, conservation and enhancement of fitting sites, approaches and backdrops for national institutions and ceremonies as well as National Capital uses.

·     The development of a city which both respects environmental values and reflects national concerns with the sustainability of Australia’s urban areas.

1.2    Designated Areas

In identifying lands that have the ‘special characteristics of the National Capital’ and deciding the extent of the Designated Areas, three primary factors are relevant:

•Canberra hosts a wide range of national functions – activities which occur in Canberra because it is the National Capital and which give Canberra a unique function within Australia.

•The Griffins’ strong symbolic design for Canberra Central has given the National Capital a unique and memorable character.

•Canberra's landscape setting and layout within the Territory have given the Capital a garden city image of national and international significance.

The National Capital functions include Parliamentary uses; key Australian Government policy departments which have a close association with Parliament; official residences of the Prime Minister and the Governor-General; chanceries and diplomatic missions of foreign countries; major national institutions such as the High Court, Australian National Gallery and the like; and major national associations.

Land has also been set aside and developed for non-building uses. Examples are Anzac Parade, which performs a ceremonial purpose as well as functioning as a roadway, and Anzac Park which is set aside for national memorials. All of these examples and like activities and functions have the ‘special characteristics of the National Capital’, and should be included within Designated Areas of the Plan for their national significance to be recognised, and assured.

The Griffins’ design incorporated the hills of (inner) Canberra – Mount Ainslie, Black Mountain, Red Hill and Mount Pleasant – and the lake and its foreshores into the plan, as much as buildings and roads.

The Griffins’ design had four main elements:

•the use of topography as an integral design feature and as a setting

•a symbolic hierarchy of land uses designed to reflect the order and functions of democratic government

•a geometric plan with the central triangle formed by grand avenues terminating at Capital Hill, the symbolic centre of the nation

•a system of urban centres.

Canberra has been developed as a series of separate but linked towns, established in valleys and shaped and separated from each other by a system of open space. This arrangement has protected the major hills and ridges from development, and has created a scenic backdrop and natural setting for the urban areas. It has reinforced the garden character for which Canberra is renowned. This landscape setting makes a major contribution to the environmental quality which is a feature of Canberra's character. Conserving and enhancing the landscape setting is important in retaining the character of the National Capital.

Within Designated Areas the National Capital Authority has sole responsibility for determining Detailed Conditions of Planning, Design and Development, and for Works Approval.

The use of land within Designated Areas for a purpose not specifically set out in a Precinct Code may be permitted by the National Capital Authority where it is satisfied that a particular proposal is not inconsistent with relevant principles and policies of the Plan.

Designated Areas comprise:

•Lake Burley Griffin and its Foreshores

•the National Triangle and adjacent sites

•the balance of the Central National Area adjoining the Lake and the Triangle, and extending from the foot of Black Mountain to the airport

•sites set aside solely for Diplomatic use

•the Inner Hills which form the setting of the Central National Area

•the Main Avenues and Approach Routes between the ACT border and the Central National Area.

Figure 1 illustrates the Designated Areas.

Figure 1: Designated Areas

PART TWO – STATEMENT OF PLANNING PRINCIPLES

Explanatory Statement

The Statement of Planning Principles (the Principles) sets out the principles for giving effect to the object of the National Capital Plan (the Plan) as required by the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act). The object of the Plan is ‘to ensure that Canberra and the Territory are planned and developed in accordance with their national significance’.

The content of Part Two is organised under the themes of:

• General matters

• Productivity

• Sustainability

• Liveability

• Accessibility.

Primary objectives are identified for each theme, followed by principles which further detail consideration of these matters to ensure that Canberra and the Territory are planned and developed in accordance with their national significance.

The ordering of the Principles is not intended to convey any notion of relative priority, and each needs to be given due consideration where relevant to a proposal. The Principles provide a framework for the policy content of the Plan and have been considered against matters of national significance. These Principles must be considered in the planning and development of Canberra and the Territory and in policies guiding these matters. The objectives and principles stated in this section are binding on both the Australian and ACT Governments.

2.1    General matters

Objective

Retain the distinct urban form for which Canberra is well known, of a city within bush surrounds.

Principles

a.The hills, ridges and other major open space which form the separation between towns will be kept largely free of urban development. The planning and development of urban areas will encourage measures through which urban intensification may occur and will be sympathetic to the landscape setting of the National Capital.

2.2    Productivity

Objective one – Infrastructure and employment

Ensure that infrastructure supports the development of Canberra’s National Capital functions.

Principles for Objective one – Infrastructure and employment

a.Infrastructure must support the effective functioning of Canberra with proper consideration of the environmental and visual impact and be integrated with land use decisions.

b.Infrastructure must be planned and provided in an integrated and timely manner to facilitate the development of Canberra and the Territory and ensure safety and security of supply and operation.

c.Energy and water supply and security issues will be given due consideration in the planning and development of any new infrastructure.

d.The infrastructure of Canberra and the Territory must be planned and provided to:

·     ensure that public utilities infrastructure is available and maintained for Commonwealth and ACT Government needs and activities.

·     minimise the visual impact of electricity and telecommunication facilities, particularly along major vistas, corridors and major open space.

·     give due consideration to energy and water, supply and security issues.

·     ensure safety and security of supply and operation.

Objective two – Infrastructure and employment

Ensure that the location of employment supports the local economy and Canberra’s National Capital role.

Principles for Objective two – Infrastructure and employment

a.The location of employment in Canberra and the Territory should enhance rather than detract from the city’s role as the National Capital.

b.Major employment generating land uses will be located within Defined Activity Centres. Major employment location proposals must be determined with regard to their transportation and environmental impacts.

2.3    Sustainability

Objective one – Environmental sustainability and open space

Ensure the development of a city that both respects environmental values and reflects national concerns with the sustainability of Australia’s urban areas.

Principles for Objective one – Environmental sustainability and open space

a.Urban expansion should be contained so as to minimise impacts on valuable natural and rural areas.

b.A substantial portion of new development must be located within existing urban areas such as town centres and along public transport routes or other strategic sites that allow for efficient use of infrastructure.

c.The natural environment of Canberra and the Territory will be protected and improved by reducing resource consumption and waste, improving water security and quality, energy and food security and improving and protecting soil quality.

d.Ecological communities, threatened flora and fauna species, water catchments and water quality will be protected and supported by sustainable resource management.

e.Development will respect environmental values including water catchments and water quality and ensure resilience to the impacts of climate change.

Objective two – Environmental sustainability and open space

Protect the nationally significant open-space network, visual backdrop and landscape setting of the National Capital.

Principles for Objective two – Environmental sustainability and open space

a.The hills, ridges and other major open space will be kept largely free of urban development and will act as a natural backdrop to the National Capital.

2.4    Liveability

Objective one – Urban design and heritage

Enhance and preserve Canberra’s symbolic and unique design and role as the National Capital.

Principles for Objective one – Urban design and heritage

a.The National Capital role requires that planning and development, in Canberra Central in particular, and generally throughout the Territory, should reflect contemporary thinking in urban design practice.

b.Planning controls should seek to ensure that development in all forms, including landscaping in urban and non-urban areas, complements and enriches its surroundings.

c.Substantial works of architecture, engineering and landscape within the Territory should be designed to contribute positively to the overall composition, symbolism and dignity of the National Capital.

d.Development in the National Capital should seek to achieve harmony between architecture and landscape to give continuing effect to the City Beautiful and Garden City characters of the city.

e.Within Canberra Central, roads, bridges, waterways and public landscaping projects should reinforce and complement the geometric lines of the Main Avenues.

f.Vistas to major landscape features must be protected from and enhanced by development.

g.Buildings in Canberra Central should be of a height generally not greater than the height of the mature tree canopy (typically 3-4 storeys), except where otherwise permitted by the Plan. In Canberra Central no building or structure which protrudes substantially above the tree canopy must exceed a height of RL617.

h.Opportunities should be encouraged for the enhancement and reinforcement of the physical, symbolic and visual linkages to adjoining areas of the Inner Hills and the Central National Area.

1. Urban development will be planned in a manner which promotes community vitality and safety, applies the principles of crime prevention through environmental design and recognises the needs of people with disabilities.

j.New development, including public spaces, should:

·     exemplify sustainability principles

·     demonstrate excellence in urban design, landscape and architecture

·     facilitate pedestrian connectivity and bicycle movements where appropriate

·     encourage energy efficient development and land use.

Objective two – Urban design and heritage

Enhance the character of Canberra and the Territory as the National Capital by identifying, protecting, conserving and presenting natural, Indigenous and historic heritage places.

Principles for Objective two – Urban design and heritage

a.The National Capital Authority will consider heritage places in Designated Areas as Commonwealth Areas for the purposes of protecting the environment in the manner currently afforded under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) and any subsequent legislation.

b.Within Designated Areas, the National Capital Authority may require Heritage (or Conservation) Management Plans to accompany development applications for heritage places which should be prepared to meet requirements equivalent to those in the EPBC Act. The National Capital Authority may require Heritage Impact Statements to accompany development applications for a heritage place.

c.Development should be consistent with the requirements of any relevant Heritage (or Conservation) Management Plan for that particular place.

d.The management of heritage places should ensure that their use and presentation is consistent with their heritage values. Heritage places will be presented and interpreted to increase public awareness, understanding and enjoyment of the natural and cultural heritage of the National Capital and its conservation, subject to any reasonable requirements for privacy or confidentiality.

e.The National Capital Authority will adopt the Australian Natural Heritage Charter and the Burra Charter as key guiding documents respectively for natural and cultural heritage places within Designated Areas.

2.5    Accessibility

Objective – Transport and movement

Support a connected and equitable multi-modal transport system.

Principles for transport and movement

a.Accessible movement systems for a diversity of pedestrian, cycle, public transport and private transport modes will be provided, with good connections between different modes of transport.

b.An accessible movement system will be achieved by:

·     maintaining the national and arterial road systems

·     supporting efficient and sustainable pedestrian, bicycle and public transport systems that reduce car dependency

·     maintaining movement around the city for a diversity of pedestrian, cycle, public transport and private transport modes

·     providing streets that foster a connected and pedestrian-friendly environment

·     reducing the barriers created by major roads to make it easier for people to access the public spaces of the city, particularly in the Central National Area.

PART THREE – LAND USE PLANS AND GENERAL LAND USE CONTROLS

Explanatory Statement

Section 10(2)(b)(i) of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) requires the National Capital Plan (the Plan) to set out general policies to be implemented throughout the Territory, being policies of:

• land use (including the range and nature of permitted land use)

• the planning of national and arterial road systems.

This part of the Plan sets out general provisions for land use across the whole of the ACT. This includes identifying broad land use categories, as well as specifying permitted land uses and other general development requirements.

The first components of Part Three are the General Policy Plans, which set the broad framework for land use in the Territory, including the general location of town centres and industrial areas. In addition to setting out broad land use arrangements, the General Policy Plans show areas that may be suitable for future urban development, and also indicate the national and arterial road system.

The first section of Part Three describes the main elements that make up the General Policy Plans. General policies, including the range of permitted land use within each land use category, follow this introductory section.

3.1    General Policy Plans

3.1.1  Broad land use categories

Figure 2 ‘General Policy Plan – Metropolitan Canberra’ and Figure 3 ‘General Policy Plan – Australian Capital Territory’ set the broad framework for land use in the Territory. These general policy plans show which areas are planned for urban development and which areas are not to be developed for urban use. Written policies supporting the general policy plans establish provisions relating to aesthetics and the environment, to protect and enhance the character of Canberra and the Territory.

A wide range of land uses are permitted for each land use category. The use of land for a purpose not included in the specified range may be permitted where the Authority has been consulted and, after satisfying itself that a particular proposal is not inconsistent with relevant principles and policies of the Plan, has given its agreement in writing.

The policies identifying permitted land uses do not confer any rights to use land for any purpose. The range of uses are set out in the Territory Plan or the Precinct Codes for Designated Areas. The statutory requirements for the Territory Plan to not be inconsistent with the Plan permits consideration of any or all, or any sub-category of, the identified uses for inclusion in the Territory Plan.

3.1.2  Potential Future Urban areas

Figure 2 ‘General Policy Plan – Metropolitan Canberra’ shows potential future urban areas at Jerrabomberra–Symonston, in the Majura Valley, and in the West Murrumbidgee area. Final resolution of land uses in these areas will be made following the completion of detailed studies.

In the case of Jerrabomberra–Symonston, decisions on the nature, scale and timing of urban development in this area need to be taken in the context of a wider land use policy review. The review will need to consider the need for a buffer zone around major Commonwealth facilities in the area.

This review would also encompass long-term land use and transport relationships and address, from the view point of both the Plan and the Territory Plan, the key issues of traffic flows and transportation infrastructure in the city's inner areas, especially in the Parliamentary Zone and its setting.

The Commonwealth agrees that expansion of urban areas into areas identified as being a potential future urban area may occur without further amendment to the Plan. Prior to expansion of the urban area in these locations, the proponent is required to obtain certification from the National Capital Authority that the proposed changes are not inconsistent with the principles and policies of the Plan.

The National Capital Authority will assess proposals to expand urban areas against:

• the stated objectives of the Plan

• matters of national significance

• the Statement of Planning Principles

• any other principle or policy of the Plan deemed relevant by the National Capital Authority.

The proponent must obtain certification from the National Capital Authority for such land use proposals prior to commencing the Territory Plan variation process.

The National Capital Authority will make public its decision on such proposals and a statement of reasons supporting the decision.

3.1.3  National and arterial roads

Figure 2 ‘General Policy Plan – Metropolitan Canberra’ sets out the general location of national and arterial roads within the Territory.

For the purposes of the Plan, national roads are deemed to include the major approach routes to the city which link Canberra with other capital cities and with the national highway network. These are the Barton, Federal and Monaro Highways from the Territory border to their eventual junction at State Circle in the vicinity of Parliament House. All roads within the National Triangle are also classed as National Roads.

The arterial road network comprises two elements:

• arterial roads within urban areas, which are major traffic collectors and distributors

• the network of peripheral parkways which carry traffic between towns along routes lying largely at the periphery of the built-up areas.

Policies for national and arterial roads

a.The National and Arterial Roads System will:

i.generally not provide frontage access to development, except where such access will meet appropriate design standards and road safety needs

ii.generally intersect with the local road network through distributor roads.

b.The final alignment of proposed arterial roads is subject to consultation with the National Capital Authority.

3.1.4  Inter-town Public Transport System

Figure 2 ‘General Policy Plan – Metropolitan Canberra’ sets out the general location of Inter-town public transport corridor within the Territory.

Policies for Inter-town Public Transport System

a.Public transport planning and provision will:

i.Reserve a route for the development of a public transport service to link major employment nodes. As far as practicable the service will be segregated from other transport systems and will operate with priority of right-of-way.

ii.A corridor between the city centre, the town centres and major employment nodes, suitable for priority or segregated right-of-way for use by public transport services will be reserved against a possible future need to develop a system of inter town and express routes suitable for buses or other public transit modes as appropriate.

3.1.5  General policies for all land use categories

a.Aircraft noise under airfield approaches is an unavoidable by-product of flying operations associated with airports. The Australian Noise Exposure Forecast (ANEF) system, expressed by noise contours centred on the airport, is a scientific measure of forecast noise exposure levels based on current and future projections of operational activities in the vicinity of the runway approaches. The system can assist in planning and development decision making. Information about forecast noise exposure in relation to Canberra International Airport can be obtained from the Commonwealth agencies with responsibility for aircraft noise regulation.

b.Protected airspace provisions in relation to Canberra International Airport apply to development independently of the Plan. To satisfy a requirement of the Airports (Protection of Airspace) Regulations 1996, Canberra International Airport Pty Ltd has prepared a diagram prescribing protected airspace. The diagram is incorporated in the Airport Master Plan prepared under the Airports Act 1996. Detailed information may be obtained from the Commonwealth agency with responsibility for protected airspace.

c.Within five kilometres of Mount Stromlo, development or installations which may, through night time illumination or significant vibration, adversely affect the operation of the Mount Stromlo Observatory or the associated seismological vault at Mount Stromlo, must be referred to the Australian National University for examination and comment and reasonable steps must be taken to mitigate adverse impacts.

d.The Commonwealth, a Commonwealth Authority, the Territory or a Territory authority must not do anything which adversely affects the historic landscape and heritage values of the Lanyon Bowl Area.

e.Forestry (where permitted) must be managed in a manner which reinforces the landscape character and which allows for their use as multiple purpose areas. Native vegetation in plantations should be retained, particularly along plantation edges, public roads and rivers and creeks, to preserve wildlife corridors and habitats.

Subdivision within Designated Areas

a.Any proposal to subdivide land within Designated Areas will require the approval of the National Capital Authority.

Figure 2: General Policy Plan – Metropolitan Canberra

Figure 3: General Policy Plan – Australian Capital Territory

3.2    National Capital Open Space System

3.2.1  Background

The importance of the natural setting of the National Capital has been recognised by the creation and formal adoption of the concept of the National Capital Open Space System (NCOSS). This system essentially comprises the inner hills and ridges which surround and frame the urban areas, the major lakes and river corridors, and the distant mountains and bushland to the west of the Murrumbidgee River. Closely associated with the NCOSS are the Territory’s rural lands which also contribute significantly to the landscape setting.

There are four different functions performed by the NCOSS, each with its own planning and management requirements.

First, there are symbolic spaces that embody the national importance of the landscape in a diverse cultural environment and the intrinsic connection between the physical setting and continuing legacy of Canberra as a planned city.

Conservation spaces are those that protect, conserve and enhance the natural environment, the heritage and cultural values of the ACT, and which provide for ecological connectivity.

Living spaces are those that provide direct health and wellbeing benefits to the broad range of users in close proximity to urban areas and which afford appropriate movement to people, fauna and flora.

Finally there are linking spaces that physically join and visually unite the city to its immediate setting and to the region. The values contained in these spaces include the spatial and temporal continuity provided to the setting of the National Capital.

Together these open spaces constitute a system which protects the environmental quality of Canberra’s present and future water catchments, river systems, and important ecological and heritage areas from the increasing pressure of Canberra’s growth. While each part has its own land use and character they are all interrelated as parts of a total system. It is important therefore that the system is planned, developed and managed on an integrated basis.

Mount Stromlo Observatory is within NCOSS. It is a nationally and internationally prominent centre for astronomical research. The amount of night sky light pollution suffered at the observatory impacts on the effectiveness of its operation. Two factors have bearing on this:

• the area of urban development and its proximity to the observatory

• the nature of the development insofar as it affects the amount of light radiated into the night sky.

The gradual encroachment of urban development into areas previously undeveloped or used for non-urban purposes, has contributed to the deterioration of observing conditions. Because of the observatory’s national significance, a measure of protection is necessary.

The principles and policies that follow establish NCOSS as a multiple-use system which protects the environment while providing for the recreational and other needs of the National Capital.

Planning and management for NCOSS in the interests of both the National Capital and Territory residents will require co-operation between Commonwealth and Territory authorities. The National Capital’s requirements will be specified through its detailed land use policies in those parts of NCOSS which are Designated Areas, and through the general policies of the Plan for other NCOSS areas. The Territory will provide for its requirements through the Territory Plan. Management plans, usually prepared by Territory authorities, will be the key to successful implementation of these policies and plans.

Consistency of planning and management and the realisation of an open space system which symbolises the character of the National Capital and provides a unique landscape for the city must be achieved through consultation and by means of joint studies in those areas where both the National Capital Authority and Territory planning authority have a significant interest.

The NCOSS is incorporated in the Plan under four separate land use categories:

• Lake Burley Griffin and Foreshores

• Hills, Ridges and Buffer Spaces

• River Corridors

• Mountains and Bushland.

Principles and policies for each of these categories are preceded by the following principle and policies for the NCOSS as a whole. General policies for the Hills, Ridges and Buffer Spaces, River Corridors, and Mountains and Bushland categories follow.

Policies for Lake Burley Griffin and Foreshores are included within the Lake Burley Griffin and Foreshores Precinct Code (refer Part Four of the Plan) as this area forms part of the Designated Areas.

3.2.2  Principle for the National Capital Open Space System

The NCOSS is required to protect the nationally significant open-space framework, visual backdrop and landscape setting for the National Capital. NCOSS will blend city and country in a way that symbolises the character of the National Capital and provides a balanced range of uses which reinforces the natural, cultural, scenic and recreational values of the ACT.

3.2.3  Policies for the National Capital Open Space System

a.The NCOSS will be planned as an integrated system so as to protect its environmental qualities, to promote a continuum of natural and park-like settings for the National Capital, and to frame and enhance existing and future urban areas.

b.The natural and cultural resources of the NCOSS must be protected in order to provide educational, cultural and recreational opportunities.

c.Public utilities and roads will be located in the NCOSS only where technical, environmental and visual assessments clearly demonstrate that the impacts on an area’s conservation and landscape values can be reduced to an acceptable level.

d.Within Designated Areas of the Plan, all Operational Plans must be prepared in close consultation with the National Capital Authority. Operational Plans may identify future works to be undertaken in parts of the NCOSS within Designated Areas and may serve for the purpose of granting works approval. The National Capital Authority may grant works approval covering a period of 12 months for works identified in an Operational Plan as being low risk and low impact.

3.2.4  Hills, Ridges and Buffer Spaces

3.2.4.1           Background

The hill areas do not attract the same intensity of use as the lakes and rivers of the NCOSS but they play a greater role in satisfying the landscape function of NCOSS. It is therefore critical that the hill areas be preserved from urban development and their essential landscape/environmental character retained and reinforced to provide the unified background and landscape setting for the National Capital.

It is not intended that the hills and ridges serve only as public open space. They are intended for multiple-use appropriate to the location and character of each hill area. They will be used as vantage points from which people can view the city and to provide a quiet refuge from urban living. They will also serve as wildlife and access corridors linking urban areas with other parts of the Territory’s open space system. Their continued use for recreation, tourism and appropriate urban services must be in a manner consistent with maintenance of their environmental qualities.

The Inner Hills

The areas identified in Figure 4, Figure 5, Figure 6 and Figure 7 are specified as a Designated Area and will be known as the Inner Hills. The Inner Hills includes Black Mountain, Mount Ainslie, Mount Majura, Mount Pleasant, Russell Hill, Red Hill, Mount Mugga, O’Connor Ridge, Bruce Ridge, Mount Painter, The Pinnacle, Lyneham Ridge, Oakey Hill, Mount Taylor, Isaacs Ridge, Mount Stromlo, Mount Arawang, Neighbour Hill, Wanniassa Hill, and Narrabundah Hill.

The Inner Hills provide the scenic backdrop and natural setting for Canberra’s urban areas, and within Canberra Central they are integral to the Griffins’ composition. Accordingly their planning, design and development as open space areas are central to the maintenance and enhancement of the character of the National Capital. Including these areas within Designated Areas is the most appropriate way of securing this.

Figure 4: Inner Hills – North Canberra (east)

Figure 5: Inner Hills – North Canberra (west)

Figure 6: Inner Hills – South Canberra (west)

Figure 7: Inner Hills – South Canberra (east)

3.2.4.2           Principle for Hills, Ridges and Buffer Spaces

Hills, ridges and buffer spaces are to remain substantially undeveloped in order to protect the symbolic role and Australian landscape character of the hills and ridges as the scenic backdrop to the Parliamentary Zone, the City Centre and other National Capital precincts, to maintain the visual definition and physical containment of the surrounding towns and to ensure that their landscape, environmental and recreation values become an integral part of the National Capital.

3.2.4.3           Policies for Hills, Ridges and Buffer Spaces

a.The Inner Hills will be protected as key symbolic and landscape elements in the Plan expressing the defined land, water and municipal axes and providing the dominant backdrop feature to the city.

b.The hills and ridges must be planned and managed as a multiple-use recreation and environmental system with different parts having their own special character and use.

c.The hill tops will continue to be used as key vantage points for viewing and understanding the National Capital. Development will be sited so as to minimise its visual impact on the Central National Area and any environmental impact on the hill tops.

d.The environment and Australian landscape character of the hills and ridges will be protected and enhanced to provide a unified landscape setting for the National Capital.

e.The rural landscape in the areas adjacent to the ACT border between Hall and the Murrumbidgee River will be retained as an intrinsic part of the National Capital character and with additional landscape treatment provide physical containment to this part of Belconnen. A similar landscape buffer will be provided between Belconnen and Gungahlin.

f.Black Mountain, Mt Taylor, Tuggeranong Hill and Isaacs Ridge will continue to provide locations for current telecommunications facilities.  

3.2.4.4           Permitted land uses within Hills, Ridges and Buffer Spaces

a.The range of uses permitted in the Hills, Ridges and Buffer Spaces part of the NCOSS is as follows:

·     Aquatic Recreation Facility (Stromlo Forest Park only)

·     Agriculture

·     Extractive Industry (Mugga Quarry only)

·     Forestry (Green Hills, Tuggeranong, Ingledene, Stromlo and Fairbairn pine plantation and woodlots only)

·     General Farming

·     Indoor Recreation Facility (Stromlo Forest Park only)

·     Landscape Buffer

·     Nature Conservation Area

·     Open Space

·     Outdoor Education Establishment

·     Outdoor Recreation Facility (not including stadiums, showgrounds, racecourses, motor racing and like activities)

·     Park

·     Pathway Corridor

·     Public Utility

·     Road

·     Scientific Research Establishment

·     Tourist Centre (Gold Creek and Gilmore only)

·     Overnight Camping (Stromlo Forest Park and Elm Grove campsite only)

·     Tourist Facility (Stromlo Forest Park only)

and may include Dwelling, if necessary, for the operation of any of these uses.

The nature of uses permitted in the Hills, Ridges and Buffer Spaces part of the NCOSS is defined in Appendix A.

3.2.5  River Corridors

3.2.5.1           Background

The corridors of the Murrumbidgee and Molonglo Rivers define zones for which the primary aim is to reinforce and preserve their landscape and heritage values and their ecological continuity, while providing for a balanced range of recreational and tourist related uses.

Policies for the river corridors recognise that recreation is the key land use, and conservation of its natural and cultural values is the primary goal.

3.2.5.2           Principle for River Corridors

Protect and enhance the environmental quality, landscape setting and the natural and cultural resources of the Murrumbidgee and Molonglo River Corridors. The Murrumbidgee River Corridor is to be conserved as an important national resource and a key open space element which provides a definable edge to the developed urban areas.

3.2.5.3           Policies for River Corridors

a.Corridors for the major rivers in the ACT will be protected from urban encroachment and inappropriate development.

b.The ecological resources and environmental quality of the rivers should be conserved and the character of their landscape retained and reinforced.

c.The streamflow and water quality of the rivers must be protected from adverse external influences and maintained in a manner which ensures compatibility between land uses, water uses and the environmental character of the rivers.

d.The River Corridors must primarily provide a balanced range of recreational activities appropriate to the characteristics of the river and adjacent land and in a manner that reinforces and protects them as unified systems.

e.Built facilities for use of the Murrumbidgee River and Molonglo River Corridors must provide for access at levels consistent with the protection of their natural and cultural resources, and primarily be located at development nodes.

f.Cultural heritage resources and their landscape context will be protected from inappropriate uses and development. Lanyon must be maintained as an important cultural resource providing for public access and use consistent with its national significance.

g.Extraction of sand and gravel may be considered in order to maintain stream channel and flood plain stability or to protect aquatic habitats and recreation areas and to control flooding. Extraction is to be undertaken in a manner consistent with protection of downstream land and water uses and in accordance with relevant environment protection legislation and with an agreed management and restoration plan.

h.Development may be limited by constraints related to the Tidbinbilla Deep Space Communication Complex. For details refer to Policies for Rural Areas.

3.2.5.4           Permitted land uses within River Corridors

a.The range of uses permitted in the River Corridors part of the NCOSS is as follows:

·Agriculture

·Forestry (Ingledene, Kowen, Stromlo and Uriarra pine plantations and woodlots only)

·General Farming

·Intensive Farming

·Nature Conservation Area

·Overnight Camping

·Park

·Public Utility

·Recreation

·Road

·Special Development

and may include Dwelling, if necessary, for the operation of any of these uses.

The nature of uses permitted in the River Corridors part of the NCOSS is defined in Appendix A.

3.2.6  Mountains and Bushland

3.2.6.1           Background

The Bullen Range, together with the mountain ridges of the Tidbinbilla and Brindabella Ranges provide the middle and distant landscape backdrop to the National Capital. A major feature of the Territory is Namadgi National Park. Namadgi National Park forms part of the regional system of alpine parks of south-east Australia (the Australian Alps National Parks) and provides a secure, long-term semi-wilderness backdrop to the National Capital, and one which increasingly will become nationally and internationally known as a feature of the city.

In the Tidbinbilla/Paddy’s River area there are development opportunities which take advantage of its location on tourist routes and its proximity to Canberra. The area’s diverse natural, cultural and rural resources can provide a rich setting for additional tourist uses, and there is scope for the Tidbinbilla Nature Reserve to continue to develop as a major Australian fauna display on the doorstep of the National Capital.

3.2.6.2           Principle for Mountains and Bushland

The Mountains and Bushland area is to be maintained as an important visual background to the National Capital; to protect both its nature conservation values, and Canberra’s existing and future water supply, and to develop appropriate National Capital and tourist uses, particularly in the Tidbinbilla/Paddy’s River area.

3.2.6.3           Policies for Mountains and Bushland

a.The water resource, nature conservation, cultural and wilderness values of Namadgi National Park are to be maintained and protected for public appreciation, research, education, natural resource based recreation, and water supply to the National Capital.

b.The Cotter and Gudgenby catchments should be managed to protect the water supply to the National Capital in a manner consistent with their nature conservation values. The quality of water supply in the Cotter catchment is to be assured primarily by controls over catchment uses.

c.The area comprising Tidbinbilla Nature Reserve, Bullen Range, Paddy’s River, and Gibraltar Creek should be used for appropriate National Capital and tourist uses consistent with protection of the area’s natural, cultural and rural resources. This area should be protected and used as an important transition and open space system linking urban Canberra and the remote mountain and bushland area.

d.The North Cotter area should be planned and managed in a manner consistent with Namadgi National Park in terms of protection for nature conservation and water supply requirements, with the additional potential of use for low to medium intensity recreation.

e.The Tennant area should be planned and managed to protect its long term use as the location for an additional water supply reservoir for the National Capital. Interim use for rural and nature conservation purposes is to be permitted with steeper slopes progressively revegetated to protect and enhance the area’s future role as a water supply catchment.

f.Urban development may be limited by constraints related to the Tidbinbilla Deep Space Communication Complex. For details refer to Policies for Rural Areas.

3.2.6.4           Permitted land uses in Mountains and Bushland

a.The range of uses permitted in the Mountains and Bushland part of the NCOSS is as follows:

·     Agriculture

·     Educational Establishment

·     Forestry (Pierce’s Creek, Uriarra, Tidbinbilla, Ingledene and Gibralter Valley pine plantations and woodlots only)

·     General Farming

·     Intensive Farming (not in Namadgi National Park or the Cotter catchment)

·     Nature Conservation Area

·     Overnight Camping

·     Public Utility

·     Recreation

·     Road

·     Scientific Research Establishment

·     Tourist Facility

·     Wilderness Area

and may include Dwelling, if necessary, for the operation of any of these uses.

The nature of uses permitted in the Mountains and Bushland part of the NCOSS is defined in Appendix A.

3.3    Urban Areas

3.3.1  Background

Urban land in the Territory should be organised as a series of distinct and relatively self-contained towns separated from adjacent towns by hills, ridges and other major open spaces. The Plan provides for the continuation of urban development in the ACT as separate and distinct towns set in broad landscaped valleys, with the immediate hills, ridges and other major open space providing separation between towns and the distant mountains providing a natural landscape backdrop.

For the foreseeable future, urban land in Metropolitan Canberra will comprise:

• the towns of Canberra Central, Woden/Weston Creek, Belconnen, Tuggeranong and Gungahlin

• the villages of Hall, Oaks Estate and Tharwa

• Molonglo and North Weston

• land at Hume, Mitchell and Fyshwick.

Areas identified as ‘Potential Future Urban Areas’ will form part of Metropolitan Canberra following certification by the National Capital Authority of these areas for urban use.

One of the key principles of Canberra’s urban structure has been that a hierarchy of centres has been developed, with each town having a centre acting as a focal point for higher order retail functions, commercial services, offices and community facilities.

This hierarchical principle, at the metropolitan level, means that:

• Canberra Central continues to be the main location of office employment

• City is to be encouraged to develop as the most specialised retail, commercial, cultural, entertainment and tourist centre

• town centres provide retail, commercial, cultural, entertainment and other facilities to meet community needs, and serve also as locations for office-based employment.

Each town should have a town centre. The Territory Plan will provide for a range of lower order centres to meet the varying needs of residents.

Centres at each level in the hierarchy form the focus of a range of retail, commercial and community facilities and services, in which specialisation increases at successively higher levels.

Continued expansion of services and facilities should be provided for and encouraged in each of the town centres.

Canberra’s secondary and service industries have been accommodated in industrial estates at Fyshwick, Mitchell, Hume and Bruce and in the area immediately west of Oaks Estate. The location of industry within estates, the placement of these estates where they contribute to overall transport efficiency, and the avoidance of haphazard industrial location throughout the Urban Areas, have contributed to the structure and character of Canberra’s development. The National Capital Authority supports the development of further industrial estates as a means of increasing the industrial base of Canberra’s economy, and in doing so provide a greater diversity of employment opportunities.

3.3.2  Principles for Urban Areas

1. Canberra’s future growth is to be accommodated by continuing the development of distinct and relatively self-contained towns.

1. A hierarchy of centres will be maintained, with each town having a centre acting as a focal point for higher order retail functions, commercial services, offices and community facilities.

1. Industrial estates will continue to be located on the edge of the Urban Areas and have good accessibility to the national highway network for long-distance freight movements.

3.3.3  Policies for Urban Areas

a.The urban area of Canberra will comprise:

·the towns of Canberra Central, Woden/Weston Creek, Belconnen, Tuggeranong and Gungahlin

·the villages of Hall, Oaks Estate and Tharwa

·Molonglo and North Weston

·land at Hume, Mitchell and Fyshwick.

b.‘Potential Future Urban Areas’ will be considered as urban areas following certification by the National Capital Authority of these areas for urban use.

c.The planning of urban areas should seek to introduce measures through which urban consolidation may occur.

d.The hills, ridges and other major open space will form the separation between towns and will be kept largely free of urban development, to act as a backdrop and setting for the city.

e.Except where the boundaries are aligned with an existing leasehold, the detailed planning of urban development by the Territory planning authority will determine the boundary between Urban Areas and other land use categories. Before detailed plans are approved, certification must be obtained from the National Capital Authority that the proposals are not inconsistent with the Plan.

f.Any areas potentially affected by Scrivener Dam flood inundation may only be developed where it is demonstrated that Scrivener Dam meets flood safety and operational requirements, based on the applicable Australian National Committee on Large Dams (ANCOLD) guidelines.

g.Planning of urban areas in Molonglo should make provision for a distinct, accessible and legible link, of a minimum width of 70 metres between Stromlo Forest Park and the National Arboretum Canberra.

3.3.4  Permitted land uses in Urban Areas

a.The range and nature of uses permitted in Urban Areas includes those uses compatible with residential, commercial, community, cultural, recreational and industrial activity, other than uses not permitted in the Territory Plan. In particular, however, the range of permitted uses includes:

·Parliamentary Use, National Capital Use and Diplomatic Missions, within Designated Areas

·other Commonwealth purposes, on National Land.

3.5    Employment location

3.5.1  Background

One of the key principles of Canberra’s urban structure has been that a hierarchy of centres has been developed, with each town having a centre acting as a focal point for higher order retail functions, commercial services, offices and community facilities.

This hierarchical principle, at the metropolitan level, means that:

• Canberra Central continues to be the main location of office employment

• City is to be encouraged to develop as the most specialised retail, commercial, cultural, entertainment and tourist centre

• town centres provide retail, commercial, cultural, entertainment and other facilities to meet community needs, and serve also as locations for office-based employment.

Consideration of employment location should have regard to objectives that are of importance to the quality and significance of the National Capital. These are to:

• avoid deterioration of the environmental and visual quality of the Central National Area of Canberra
• maintain the option of further employment in the Town Centres
• preserve the setting and significance of the Central National Area as a location for major national institutions
• ensure the dominant role of  the City Centre (City) is maintained in the hierarchy of centres.

For these reasons the National Capital Authority’s principles and policies with respect to employment location are as follows.

3.5.2  Principles for employment location

a.The location of employment in Canberra and the Territory should enhance rather than detract from the city’s role as the National Capital. Major employment location proposals must be determined with regard to their transportation and environmental impacts.

b.Centres at each level in the hierarchy form the focus of a range of retail, commercial and community facilities and services, in which specialisation increases at successively higher levels.

c.Continued expansion of services and facilities should be provided for and encouraged in each of the town centres.

The design of street furniture (including lighting) used in the Avenue should generally be consistent with the design of such facilities used on other major Avenues leading to the centre of the National Capital. Signage in the Avenue should be limited to traffic control signs and to direct the public to commercial centres in Kingston and the foreshore area.

Developments along the Avenue should address the Avenue but should generally have vehicular access from a road other than directly from the Avenue. Development having direct vehicular access to the Avenue should include a predominantly landscaped frontage treatment exclusive of parking but may include canopies covering set down areas. The landscape of the frontage should respond to the pattern of movement systems created from the Kingston Centre to the foreshore area.

4.27 Haig and Telopea Parks

Figure 144 shows Haig Park.

Figure 145 shows Telopea Park.

Figure 144: Haig Park area subject to Special Requirements

Figure 145: Telopea Park area subject to Special Requirements

It is in the interests of the National Capital to ensure that important open space places are conserved.

Development of land within open space places must conform with Development Control Plans agreed by the Authority. The Plans are to meet the following:

a.to conserve landscape and environmental qualities, having regard to the historic and aesthetic importance of the area the following requirements will apply:

i.historical context will be considered and established planting patterns respected.

ii.functional linkages to other open space elements should be enhanced.

iii.Utility of the areas for recreation should be optimised to the extent possible within aesthetic constraints. Provision should be made for appreciation and use of the areas by visitors to the city.

Appendix A – Land use definitions

Administrative Use

The use of any land, building or other structure for the purpose of a Court, House of Assembly, Territory Administration Centre, City Hall, Information Centre or other civic administration activities.

Administrative and Utility Services

Any of the following uses:

a.Administrative Use

b.Community Protection Facility

c.Defence Installation

d.Public Utility

as herein defined.

Advanced Technology Park

An industrial park containing uses primarily involved in the research, development, manufacture, processing, assembly and marketing of advanced technology and scientific products including allied goods and services and supporting processes.

Agriculture

The use of land for the cultivation of any plants, fruit, vegetable or flower (including berries or vines) or keeping, breeding and raising of livestock or any other living thing for commercial production but excludes any cultivation or animal husbandry carried out mainly for the enjoyment of, or consumption by, the owner(s) or occupier(s) of the land or any other purpose defined.

Animal Care Facility

A building or place used for the purpose of caring, boarding, breeding or raising predominantly domestic or household animals and may include an animal boarding establishment, kennel or veterinary hospital as defined.

Aquatic Recreation Facility

A building or place used for a sporting, exercise, pastime or leisure activity, whether operated for gain or not which includes uses based on or adjacent to a water feature, such as a boat shed, boat landing facility, wharf, swimming facility and the like.

Bank

Any premises used or intended for use for the purpose of carrying on the business of taking custody of money and includes a private trading or saving bank, but does not include a Cooperative Society as herein defined.

Bar

Any premises or part of a premises primarily used or intended for use for the sale of alcoholic beverages and spirits to members of the public for consumption on the premises, subject to the issue of an on-licence pursuant to the relevant legislation.

Botanic Garden

A reserve established and managed as a botanic garden in accordance with the provisions of the National Parks and Wildlife Conservation Act 1975.

Café

Any premises used or intended for use for the preparation and sale to the public of food and non-alcoholic beverages for consumption on the premises or elsewhere and includes take-away food, fast food and snack bars and the like.

Car Park

A structure or an area other than part of a road which is allocated for the parking of motor vehicles.

Caravan Park/Camping Ground

Land used for the placement of caravans or tents for the purpose of temporary accommodation and includes cabins for overnight and holiday accommodation, amenity buildings, recreational and entertainment facilities, manager’s office and residence, and shops which cater for the occupants of the caravan park/camping ground.

Casino

A building or place used by the public for the purposes of entertainment and gambling in accordance with the provision of any laws proclaimed in relation thereto.

Child Care Centre

A building or place, without provision for residential care, used for the purpose of supervising or caring for children of any age throughout a specified period of time in any one day which:

1. caters for two or more children not related to the owner or operator of the child care centre
2. may or may not include an educational function but not where this is a principle purpose
3. may or may not operate for the purpose of gain.

Church Associated Building

A building used for the activities by religious organisations other than for religious worship or for offices and may include the residential use by a minister of religion.

Church Use

The use of land for religious activities of religious organisations, groups and members of the public including places of worship and church-associated buildings.

Club

A meeting place for persons associated, or for a body incorporated, for a social, sporting, athletic, literary, political or other like purpose, and includes premises in respect of which a club licence is held in accordance with the provisions of the relevant liquor licensing regulations.

Commercial Accommodation

A building or place used for use for the purpose of providing temporary accommodation and includes a hotel, motel, guest house, caravan park/camping ground, serviced apartment, serviced house and the like.

Commercial Roadside Sign

A sign, other than real estate temporary directional signs, erected within road reservations to advertise goods and services or nearby commercial events, such as auctions or sales, and includes placards, sandwich boards, posters and the like.

Communications Facility

A facility for the purpose of transmitting air-borne signals using radio masts, towers, satellite disks and the like, includes telecommunication facilities and television/radio broadcasting facilities.

Community Facility

Any of the following uses as herein defined:

a.Educational Establishment

b.Scientific Research Establishment

c.Cultural Facility

d.Hospital, Health Centre

e.Institutional Use

f.Church Use

g.Social/Community Facility.

Community Protection Facility

Any premises used or intended for use for the purpose of providing emergency services and protection for the community including such uses as a fire station, ambulance station, police station or civil defence depot, but does not include a corrections facility as defined.

Consulting Rooms

A building or place used for the provision of health care services (including dental, optical and veterinary services) to members of the public.

Cooperative Society

A building society or a credit union formed pursuant to the provisions of the relevant ACT legislation.

Corrections Facility

A building or place used for the safe confinement or safe custody of persons so confined as the result of legal process and includes attendance centres established for persons sentenced to serve periods of community service.

Cultural Facility

A building or place used or intended for use for the purpose of cultural activities and may include a library, museum, theatre, concert hall, art gallery other than a gallery operated for the principal purpose of selling or trading in art works.

Defence Installation

A building or place operated by the Department of Defence or the armed forces of Australia and includes Department of Defence offices, offices associated with national security and defence communication facilities, but does not include facilities associated with military aviation.

Diplomatic Mission

Any building, parts of buildings and the land ancillary thereto leased specifically for use for the purpose of an embassy, a high commission, a legation, or a consulate. This includes chanceries or diplomatic mission, and combined chanceries and residences.

Dwelling

A room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile and includes outbuildings, if any, that are normal to the enjoyment and exclusive use of the dwelling.

Educational Establishment

A building or place used for the purpose of tuition or training, whether or not for the purposes of gain, and includes:

• a school

• a tertiary institution, being a university, a college or advanced education teachers college, technical college or other specialist college providing formal education beyond secondary education

• or any other training or education centre including road safety education centres, adult education centres for continuing education, or sheltered workshops; and may include associated residential accommodation.

Extractive Industry

A building or place used in the course of an industry or undertaking for the mining or extraction of sand, gravel, turf, soil, rock, stone or similar substances and including, when carried out on land from which any such substance is extracted on land adjacent thereto, the treatment of any such substance and the manufacture of products from any such substance; the term does not include Agriculture as herein defined.

Forestry

Land used for arboriculture, silviculture, forest protection, cutting, dressing and preparation other than in a sawmill or planing mill of wood and other forest products and the establishment of roading required, for the removal of wood and forest products and for forest production.

General Farming

A form of agriculture utilising traditional methods of farming practice including open grazing of animals on pasture or plant cultivation in open fields or gardens.

Hazardous Industry

An industry which by reason of the process involved, or the method of manufacture or the materials used or produced represents a significant source of hazard to human health or life or property, for any reason, and includes any building or place in which hazardous goods or materials are stored and handled.

Health Centre

A building or place used for the medical care (including diagnosis, preventative care and counselling) of out-patients only and may include medical or dental clinics, family planning clinics, first aid station or other professional or paramedical health care services.

Home Business

The use of residential land for carrying on a profession, trade, occupation or calling on the land.

Hospital

A building or place used for the medical care (including diagnosis, preventative care and counselling) of in-patients whether or not out-patients are also provided with care or treatment, and may include associated residential accommodation.

Hotel

A building or place in possession of a general licence in accordance with the provisions of the relevant liquor licencing laws, which provides accommodation for visitors and others.

Indoor Recreation Facility

A recreation facility devoted to facilities and equipment for indoor recreation purposes, including squash courts, indoor sports stadium, fitness centre, gymnasium and the like.

Industry

The use of land for the principal purpose of manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, winning of minerals, dismantling, processing, or adapting of any goods or any articles.

Institutional Use

The use of land as a benevolent home, convalescent home, hospital, nursing home, aged persons home, home for persons who are physically or mentally handicapped, or a remand, penal or reformative establishment.

Intensive Farming

Any form of agriculture which predominantly and usually takes place within the confines of a building or buildings, such as are commonly known as feedlots, piggeries, or poultry farming establishments, trout farms or greenhouses.

Landscape Buffer

The treatment of land for the specific purpose of:

a.enhancing or protecting the amenity of neighbouring land

b.meeting engineering or environmental standards by

c.screen planting or shelter belt planting

d.acoustic treatment including mounds etc.

e.amenity landscaping

f.other landscaping required to supplement adjoining areas.

Light Industry

Any industry in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the locality by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waster water, waste products, grit, oil or otherwise.

Mobile Home Park

The use of land to accommodate mobile homes or caravans, whether temporary or permanent, and includes amenity buildings used for the personal comfort or convenience of or enjoyment of leisure by persons using a mobile home or caravan for residential accommodation in the Mobile Home Park, and may include a Caravan Park/Camping Ground.

Motel

A building or buildings used primarily for the temporary accommodation of persons travelling by motor vehicle where common facilities including meals are provided for persons accommodated in the motel or the public generally, and whether or not these facilities are licensed.

National Association Office

Any premises used by the headquarters of an establishment, organisation or association instituted on a national basis for the promotion of some political, professional, commercial, religious, charitable, educational, social welfare or philanthropic object.

National Capital Use

The use of any land, building or structure for the purpose of a work of special status and national interest. This includes the National Library, the National Gallery, the High Court, the National Archives, the National Museum of Australia, the Australian War Memorial, the Prime Minister’s Residence, the Governor-General’s Residence, the Australian National University, the Australian National Botanic Gardens, Commonwealth Offices needing prestigious locations, national memorials, National Association Offices as herein defined, a hospitality  house or a Commonwealth Government conference centre and the like.

National Use

Any of the following uses as herein defined:

a.Diplomatic Mission

b.Parliamentary Use

c.National Capital Use.

Nature Conservation Area

An area declared or intended to be declared under relevant ACT legislation to be a Reserve area and may include a Wilderness Area as herein defined.

Offensive Industry

An industry which, by reason of the process involved or the method of manufacture or the nature of the materials or goods used, produced or stored, is required to be isolated from other buildings, when all measures to reduce or minimise impact have been employed.

Office

Any premises used for the purpose of administration (including commercial and public administration), and clerical, technical, professional or like business activities.

Open Space

Land intended for use primarily for public recreation, conservation or amenity purposes and which may include facilities for the enjoyment or convenience of the public.

Outdoor Education Establishment

Land used or intended for use as an education centre for children or adults where the primary focus is on the natural and/or cultural resources of the area. It may include a residence where this is necessary for the protection or management of the primary facility.

Outdoor Recreation Facility

The outdoor use of land for recreation, exercise or leisure including sportsgrounds, riding schools, stadiums, showgrounds, racecourses, equestrian centres, motor racing, and similar activities. The term includes the activities of sporting clubs such as rifle clubs, and group or organised camping activities of schools, churches, scouts, guides, YMCA, Outward Bound and the like.

Overnight Camping

Land which is open to the public for holiday and recreational use of tents for overnight accommodation; the term includes any land together with any amenity building erected thereon which is used or intended for use in conjunction with such land.

Park

Land open to the public which:

a.has been or is intended to be ornamentally laid out or prepared

b.is maintained so as to preserve or enhance its natural beauty including its flora and fauna and geological or physiographic features

c.has been or is intended to be prepared or maintained as a grassed area either with or without trees or shrubs

and which is intended for use for open-air recreation; the term includes any facilities  provided on such land for the enjoyment or convenience of the public, being:

i.kiosks or amphitheatres for band-stands or light refreshment booths

ii.picnicking areas, public lookouts, routes for nature study or other trails, footways, cycle ways, equestrian trails

iii.information and display areas for the promotion of such land

iv.shelters and other conveniences

v.playgrounds

vi.associated car parks

vii.cycle way

but does not include any activity associated with a Recreation Facility or playing field other than the occasional taking part in a game, sport or form of athletics on an informal basis.

Parliamentary Use

Any use directly associated with the function of Parliament, including the Parliament House.

Public Transport Facility

The use of land for the assembly, transport or dispersal of passengers travelling by any form of public transport, whether or not such public transport is provided by a public or private agency, and include facilities for the manoeuvring and temporary layover of public transport vehicles and driver amenities.

Pathway Corridor

Any public land used for the primary purpose of providing for the movement of pedestrians and cyclists.

Personal Service Establishment

Any premises used or intended for use for the purposes of barbering, skin care, non-professional health and/or body care, photography, and like activities,  but does not include any premises used or intended for use for a purpose elsewhere herein specifically defined.

Place of Assembly

A building or place used for the following entertainment purposes.

a.a trade fair or exhibition

b.an auditorium or convention centre

c.reception rooms, including any premises not being part of a hotel, managed by a proprietor, and available for the use of parties on formal or ceremonious occasions, but not for unhosted use on general occasions for entertainment purposes.

Place of worship

A building or place used or intended for use for the primary purposes of religious worship and associated activities by a congregation, religious group or members of the public whether or not the premises are also used for religious instruction, tuition or training and may include use for other community activities.

Public Utility

The use of land for the following utility undertakings:

a.headwork and network undertakings for the provision of sewerage and drainage services or the reticulation of water, electricity, or gas except for gas manufacture and storage

b.communication facilities, including postal facilities, telecommunication facilities, television/radio broadcasting facilities, and air navigation communication facilities

c.municipal uses, including street cleaning depots, public toilets, parks and gardens depots, works depots and associated uses.

Quarry

Land used or intended for use for the purpose of extractive industry as herein defined.

Recreation

Land used or intended for use for the public appreciation and use of the natural and cultural environment, scenic and special features where the provision of facilities is minimal.

The term includes any facilities provided on such land for the enjoyment or convenience of the public, being:

i.kiosks or light refreshments booths

ii.   picnicking areas, public lookouts, routes for nature study or other trails, footways, cycle ways, equestrians trails

iii.information and display areas for the promotion of such land

iv.shelters and other conveniences.

Reserve

Land declared as a Reserve under Section 51 of the ACT Nature Conservation Act 1980, the ACT Public Parks Act 1928, or other relevant ACT legislation for special purpose reserves.

Residential

The use of land for the primary purpose of providing shelter for human habitation together with such outbuildings as are incidental to and ordinarily associated with the residential use of the land.

Restaurant

A building or place used for the primary purpose of providing food for consumption on the premises whether or not the premises are licensed to sell liquor and whether or not entertainment is provided. The use includes tea rooms, cafés, bistros and the like.

Restricted Access Open Space

Land used for recreation, exercise or leisure activity, whether operated for gain or not and where public access to the facility may be restricted to certain times.

Retail

The selling of goods and providing personal services in any quantity and by any means other than by wholesale and includes retail shops, restaurants, drink establishments, drive-in facilities, bulky retailing, bulk landscape supplies, vehicle sales, service stations, retail plant nurseries and produce markets.

Retail Plant Nursery

A building or place used for the propagation and sale to members of the public of plants, shrubs, trees and garden supplies but does not include the bulk sale of sand, soil, screenings and other such garden materials.

Road

Any way or street, whether in existence or under reserve, open to the public which is provided and maintained for the passage of vehicles, persons and animals and which may include footpaths, community paths, bus lay-bys, turning areas or traffic controls.

Scientific Research Establishment

A building or place used for the purposes of scientific research including the development of electronic technology, biotechnology or other scientific disciplines for application to commerce, industry, or government and which may include scientific laboratories, meteorological uses, observatories and facilities operated by the Commonwealth Scientific and Industrial Research Organisation or private organisations.

Serviced Apartments

Establishments with five or more units which mostly comprise self-contained units at the same location, and which are available on a unit/apartment basis to the general public for a minimum of one night. The units should have full cooking facilities (i.e. hot plates and oven/microwave), refrigerator and bath/shower and toilet facilities; all bed linen and towels should be provided, and daily servicing (i.e. cleaning and bed making) must be available through the on-site management, although this service may not necessarily be used.

Single Dwelling Housing

Any area of residential land used for the purpose of a single dwelling only.

Social/Community Facility

A building or place used by a public authority or a body of persons associated for the purpose of providing for the social welfare of the community which may include:

1. meeting rooms, neighbourhood centres, recreation, child minding (including care and ancillary education), cultural activities, social functions and the like
2. a community club being a building or place used by persons sharing like interests, but not including a licensed club

whether or not that building or place is used for another purpose including associated administration.

Special Development

Land set aside to be used for commercial and community/recreation/tourist activities directly related to the use of the river.

Tourist Centre

A location identified for Tourist Facilities.

Tourist Facility

The use of land for the purpose of providing entertainment, recreation, cultural or similar facilities  for use mainly by the general touring or holidaying public. This may include a restaurant, café, bar, service station, tourist accommodation (including motel) and the retail sale of crafts, souvenirs, antiques and the like.

Transport Facility

The use of land or a building for or associated with the movement of goods and people by road, rail and air.

Waterfront Promenade

An accessible public space bordering the lake, intended primarily for walking and cycling.

Wilderness Area

A spacious area of land containing features of the natural environment of particular significance which is substantially undisturbed by European settlement and which may be an area declared or intended to be declared under relevant ACT legislation to be a wilderness

Appendix B – General definitions

NB. Place Names and Proper Nouns where used in the Plan have the meaning ordinarily given them or as defined by or under relevant legislation, gazettals or regulations.

ACT Government

The body politic established  under the Australian Capital Territory (Self Government) ACT 1988 and includes the Executive of that body, and agencies established by it, whether by enactment or otherwise.

Amenity

Those qualities or conditions associated with a site, or locality, that are conducive to its better enjoyment for any permitted use.

Arterial Roads

Roads which provide principally for intra and inter-town traffic collection and distribution are arterial roads. The main elements are shown on the General Policy Plan.  The arterial road network in the Territory comprises two elements – the arterial roads within Canberra's urban areas, which are major traffic collectors and distributors, and the network of peripheral parkways which serves to carry traffic between towns along routes lying largely at the periphery of the built-up areas.

Attic

Any floor area built wholly or partly in the roof of a building but an attic will not be regarded as a storey if it is wholly contained within a roof pitched at the level of the ceiling of the storey next below the attic.

Backlighting

In relation to a sign; the internal illumination of a sign box and the internal illumination of individual letters or characters comprising a sign, provided that the sign box, letter or character is constructed of translucent and not transparent materials.

Billboard

A sign erected for the purpose of advertising products or services which are not being offered on a site on which the sign is erected.

Canberra Central

Comprises the Inner North and Inner South areas of Canberra, includes Canberra City at its centre.

City

The division of City defined by registered survey for land administration and the legal description of land parcels. Broadly, commencing at the intersection of Kingsley Street and Barry Drive, land bound by Barry Drive, Cooyong Street, Coranderrk Street, Parkes Way, Edinburgh Avenue, Hales Street, the eastern portion of McCoy Circuit, Ellery Crescent, Childers Street (including the land on the north-east side of Childers Street to Hutton Street), Hutton Street and Kingsley Street.

Commonwealth Authority

a.    a body, whether corporate or not, established by or under a law of the Commonwealth other than the Self-Government Act

b.    any other body, whether corporate or not, established by the Commonwealth

c.     an office established by, or appointment made under, a law of the Commonwealth other than the Self-Government Act

d.    an appointment  made by the Commonwealth.

Conservation Plan

A statement setting out all the processes of looking after a place so as to retain its cultural or natural significance, including maintenance, presentation, restoration, reconstruction and adaptation or a combination of more than one of these.

Defined Activity Centre

Those sites identified as primary activity centres for the location of major employment generating land uses. Includes town centres and industrial areas, but does not include group or local centres.

Designated Area

An area of land identified as having the special characteristics of the National Capital under Section 10(1) of the Australian Capital Territory (Planning and Land Management) Act 1988. For the purposes of the Plan Designated Areas are referred to as Designated Areas.

Development Control Plan

A plan prepared for the guidance and control of development including design, siting, scale, purpose, timing and phasing, construction, landscaping and other relevant matters. The plan may include maps, drawings, photographs, specifications and written statements.

Gross Floor Area

With respect to detached houses, is the sum of the gross areas of the floor or floors of a building or buildings, measured from the external faces of exterior walls or form the centre lines of walls separating two buildings. Without attempting to be exhaustive, gross floor area includes garages and any area capable of being adapted for use as anything other than the storage of goods, and floor space in interior balconies or mezzanines and external balconies which are used as corridors. In the event of no garage or carport being shown on the plan, there will be included in the calculation of the floor space, 15 square metres floor space for the first 150 square meters of gross floor space shown on the plan and 1 square metre of floor space for every 10 square metres of floor space for every 10 square metres over 150 square metres. In the case of a commercial, multi-unit residential, industrial or business building floor space does not include any areas used for elevator shafts or stairwells, fixed mechanical plant or car parking.

External balconies in multi-unit residential buildings are excluded from gross floor area calculations where two or fewer sides are enclosed. Where three sides are enclosed, the balcony will be included in gross floor area calculations.

Height of Building

The difference between the mean natural ground level of that length of the side boundary which is adjacent to the building and the highest point or points or the parapet, eaves or fascia in the case of flat roofs or roofs pitched at less than 45 degrees. Where the roof is pitched at more than 45 degrees the highest point will be measured to a line midway between the top of the eaves or fascia and the ridge.

Height of Sign

The difference between ground level and the highest point of the sign.

Heritage Place

Includes places listed under either Commonwealth or Territory legislation, or those under the National Capital Authority’s heritage register maintained under the Environment Protection and Biodiversity Conservation Act 1999.

Land Acquisition Act

The Act for the time being in force relating to the acquisition of land by the Commonwealth and associated matters.

Lanyon Bowl Area

Lanyon Bowl Area is approximately 5000 hectares, located in the Murrumbidgee Valley 20 kilometres south of Canberra, comprising the visual catchment of the Lanyon Homestead complex and defined as the land bound by a line commencing at the Castle Hill trig; then south-west and south-east along the watershed boundary of Sawyers Gully to the Tennant trig; then generally north-east in a straight line to toward the Murrumbidgee River at Tharwa;  then eastwards directly to an peak of 729m ASL; then along the ridgeline to a peak of altitude 858m ASL immediately north  of the Gigerline trig; then north-east along the crest of the range to the Rob Roy trig; then north along the ridgeline to the Big Monks trig; then via straight lines to Tharwa Drive then Lanyon Hill trig and then a straight line to the commencement point.’

Management

In relation to land, includes care, control and maintenance.

National Triangle

The land bounded by Constitution Avenue, Kings Avenue and Commonwealth Avenue.

Parking Space

An unobstructed hardstanding or manoeuvring area of 28m² open or enclosed. However, an area of less than 28m2, but in no event less than 19m2 may be considered as one space, when the layout and design of the parking are adequate to permit convenient access and manoeuvring. In no event, except for detached houses, must the dimensions of any parking space be less than 5.5m long and 2.6m wide.

Pedestrian Walkway

A strip of land, whether paved or unpaved, which is designated by the National Capital Authority as being set aside for the purpose of foot traffic between two or more places.

Plot Ratio

The gross floor area in a building, divided by the area of the site.

Rear Property Boundary

The boundary line of a block located furthermost from the front property boundary. In the case of blocks which have not more than two property boundaries, there will be deemed to be one front boundary and one side boundary.

Site

Block of land, excepting blocks which include an access driveway or right of way, in which case the area contained within the access driveway or right of way will not be included in the area of the block for the purpose of the calculation of the site area.

Storey

That portion of any building including any portion used for the parking of vehicles or any portion capable of being adapted for use as anything other than storage or the installation of fixed mechanical plant or equipment which is situated between any floor level and the floor level above, or, if there is no floor above, and the ceiling above.

Surface Area

In relation to a sign; the entire area within a single continuous perimeter enclosing the extreme limit of writing, representation, emblem, or any figure or similar character, together with any material or colour form an integral part of the display or used to differentiate such sign from the background against which it is placed. In any event, the supports or uprights on which such sign is supported will not be included in determining the surface area of a sign.

The surface area of a double-faced sign must include only one of the sides when:

i. the sides are back to back

ii. the sides are divergent but display identical writing or other representation in substantially different directions.

Any additional side of a multi-faced sign will be included in the assessment of surface area.

Management Plan

A plan, including statements or programs, setting out the objectives, actions, works, standards and procedures for the care, control, maintenance and protection of land, and for the activities for which the land is used.

National Capital Plan

The Plan prepared by the National Capital Authority under Part III of the Australian Capital Territory (Planning and Land Management) Act 1988 and includes a stage or part of that Plan. May also be referred to as the Plan.

National Land

Has the meaning given by Section 27 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Parliamentary Precincts

The area of land specified by the Parliamentary Precincts Act 1988.

Parliamentary Zone

The area of land specified by the Parliament Act 1974.

Plan

Unless the context otherwise requires, the National Capital Plan.

Policy Plan

A plan prepared for the purposes of setting out land uses for an area, whether existing or intended, or to deal with a class or classes of land use within an area.

Special Requirements Area

An area of land specified in the Plan under Section 10(2) (d) of the Australian Capital Territory (Planning and Land Management) Act 1988.

Territory Land

Any land that is not National Land as described by Section 28 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Territory Plan

The plan referred to in Section 25 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Territory Planning Authority

The authority referred to in Section 25 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Works

Includes:

a.    the construction, alteration, extension or demolition of buildings or structures

b.    landscaping

c.     tree-felling

d.    excavations

but excludes anything done inside buildings or structures.

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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Citations

National Capital Plan – Amendment 86 – Revised National Capital Plan (Cth)

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