North Canberra Community Council v ACT Planning and Land Authority and Anor (Administrative Review)

In the matter of North Canberra Community Council versus the ACT Planning and Land Authority, the subject of this administrative review is a development application (DA) by the first respondent for a mixed-use development on land located at Dooring Street, Canberra. The North Canberra Community Council, the applicant, sought review of the decision to approve the development, raising concerns about the impact of the development on the character of the area, the adequacy of the road network to accommodate the increased traffic, the sufficiency of visitor parking, and compatibility of the proposed buildings with the adjacent residential zone. The court had to determine whether the approval was in accordance with the National Capital Plan and the Commercial Zones Development Code.

The primary legal issues addressed by the court were whether the existing road network could handle the traffic generated by the development, the adequacy of visitor parking provisions, the compatibility of the buildings with the adjacent residential zone, the permissible height of the buildings, setbacks, balconies, lobbies, stairwells, and solar access. The court had to consider these issues in the context of the National Capital Plan and the Commercial Zones Development Code. The court also had to examine whether the conditions of approval were sufficient to mitigate any adverse impacts of the development.

The court found that the development approval was generally in accordance with the National Capital Plan and the Commercial Zones Development Code, but certain conditions needed to be varied to address the concerns raised by the North Canberra Community Council. The court ordered modifications to the heights of certain buildings, increased parking provision, restrictions on the extension of masonry elements into setbacks, the addition of fire-rated windows to stairwell doors, and the inclusion of solar access diagrams. The court concluded that these changes would ensure that the development would not have an adverse impact on the surrounding area and would comply with the relevant planning instruments.

The Tribunal ordered that the decision of the respondent on 16 November 2018 in relation to DA no. 201733065 to approve the development subject to conditions be varied as outlined in the orders section of this decision. The varied conditions include modifications to the heights of certain buildings, increased parking provision, restrictions on the extension of masonry elements into setbacks, the addition of fire-rated windows to stairwell doors, and the inclusion of solar access diagrams.