AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 39
OF THE NATIONAL CAPITAL PLAN
Deakin/Forrest Residential Area
(Between State Circle and National Circuit)
TABLING STATEMENT
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988
(the Act) provides that the National Capital Authority is responsible for preparing and administering the National Capital Plan, for keeping the Plan under constant review and for proposing amendments to it when necessary. Amendment 39 has been prepared in accordance with sections 14 to 23 of the Act.
Amendment 39 applies to the residential area between State Circle and National Circuit in Deakin/Forrest. This is a “Designated Area” of the National Capital Plan. This means that the National Capital Authority is responsible for planning and approvals for development in the area.
The Amendment introduces planning policies designed to encourage an excellent urban design solution for this important residential precinct adjacent to Parliament House, while protecting the residential amenity and landscape character of the area.
This is in accordance with the objective of the Amendment which is:
To ensure that the residential areas of Deakin and Forrest that lie between State Circle and National Circuit maintain and enhance the character of the National Capital and are planned and developed in accordance with its national significance.
The National Capital Authority released Draft Amendment 39 for public consultation on 18 November 2000, the period for comment closing on 12 January 2001. Since that time the Joint Standing Committee on the National Capital and External Territories has addressed the Draft Amendment through two inquiries, including its Inquiry into the Role of the National Capital Authority, and the Authority has conducted further consultations directly with the residents and other lessees of property in the subject area.
The Government has responded to the recommendations of both of the Committee’s inquiries.
This Amendment to the Plan provides for:
- residential development excluding commercial accommodation (including serviced apartments)
- home businesses
- urban design outcomes commensurate with this important residential precinct adjacent to Parliament House
- redevelopment of blocks that address State Circle to be two storey in height with three storeys permissible if blocks are amalgamated or isolated by amalgamation.
- a plot ratio for residential redevelopment of existing blocks of 0.4 and on State Circle of 0.8 for amalgamated blocks and up to 0.8 for those blocks flanking Melbourne Avenue and for other blocks where it can be demonstrated that this would result in excellence in the urban design outcome.
- other development conditions for sites fronting State Circle which address architecture, vehicle access, building envelopes, set backs, car parking, landscape and off-site works. An Indicative Development Plan, Elevation and Cross Section for State Circle is also provided.
- a requirement to publicly notify proposed residential redevelopment applications has been included in Appendix M of the National Capital Plan.
The objective for the Development Conditions for sites fronting State Circle are to:
- Provide for high quality residential development of a scale and character appropriate to the setting of Parliament House and the Main Avenue role of State Circle.
- Protect the residential amenity of rear neighbours in terms of privacy, sunlight access and provision of a landscape buffer.
- Reduce traffic access from residences to State Circle.
- Provide for a variety of housing types and sizes.
The Authority has completed all the statutory requirements for amending the Plan including the submission of its Report on Consultations, consulting with the Territory planning authority and the Office Regulation Review.
On 26 May 2005 (I as) the responsible Minister approved Amendment 39 (Deakin/Forrest Residential Area), in accordance with the Act.
The Amendment is being laid before both Houses of Parliament as a disallowable instrument in accordance with the Legislative Instruments Act 2003. If either House, in pursuance of a motion of which notice has been given within 15 sitting days after the Amendment has been laid before that House, passes a resolution disallowing the Amendment, or part of the Amendment, the Amendment or part so disallowed ceases to have effect.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) was enacted to establish a comprehensive framework for the planning and management of land within the Australian Capital Territory (ACT), including the preparation and administration of the National Capital Plan. This Act addresses the need for a cohesive and strategic approach to urban development in the nation's capital, ensuring that the growth and management of land align with the broader objectives of the National Capital Plan. The Act empowers the National Capital Authority to prepare, administer, review, and propose amendments to the Plan, thereby maintaining its relevance and effectiveness in guiding development. Amendment 39, approved on 26 May 2005, specifically targets the residential area between State Circle and National Circuit in Deakin/Forrest, aiming to foster excellent urban design while safeguarding the residential quality and landscape character of the area in line with its national significance.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 governs the planning and land management within the Australian Capital Territory, and Amendment 39 specifically targets the Deakin/Forrest Residential Area situated between State Circle and National Circuit. This Amendment pertains to the residential development within this designated area, ensuring that any new residential developments, including home businesses, adhere to the urban design principles that maintain and enhance the character of the National Capital. The Amendment sets specific guidelines such as height restrictions, plot ratios, and development conditions for buildings, particularly those fronting State Circle, with the overarching objective of preserving the residential amenity and protecting the landscape character of the area. The Amendment applies to all entities and individuals involved in planning and executing residential developments within the specified area, overseen by the National Capital Authority which is responsible for the preparation, administration, and amendment of the National Capital Plan. The Amendment is subject to disallowance by either House of Parliament if they pass a resolution within 15 sitting days of it being laid before them, as per the Legislative Instruments Act 2003.
Key Provisions
Amendment 39 of the Australian Capital Territory (Planning and Land Management) Act 1988 primarily concerns the residential area situated between State Circle and National Circuit in Deakin/Forrest. This Amendment, which has been tabled under section 6 of the Act, is overseen by the National Capital Authority (NCA) (s. 6). The NCA is responsible for preparing, administering, and amending the National Capital Plan, including this Amendment (ss. 14-23). The Amendment was developed following public consultations and inquiries, reflecting the need for urban design policies that enhance the residential precinct's character while protecting its residential amenity and landscape (s. 6).
The Amendment introduces specific planning policies and conditions for the designated residential area. It permits residential development, excluding commercial accommodation such as serviced apartments, and home businesses (s. 6). The policies are designed to achieve urban design outcomes that are commensurate with the area’s importance, particularly its proximity to Parliament House (s. 6). For redevelopment, blocks addressing State Circle must be two storeys in height, with three storeys permissible if blocks are amalgamated or isolated by amalgamation (s. 6). The plot ratio for residential redevelopment is set at 0.4 for most blocks, with a higher ratio of up to 0.8 for blocks on State Circle and those flanking Melbourne Avenue, provided this results in an excellent urban design outcome (s. 6). Additionally, the Amendment includes development conditions for sites fronting State Circle, focusing on architecture, vehicle access, building envelopes, setbacks, car parking, landscape, and off-site works (s. 6).
The Amendment imposes several obligations on parties involved in development within the designated area. Developers must adhere to the specified plot ratios and height restrictions and comply with the urban design conditions outlined for State Circle. Additionally, there is a requirement for public notification of proposed residential redevelopment applications, as detailed in Appendix M of the National Capital Plan (s. 6). Failure to comply with these conditions and requirements can result in enforcement actions. The Act does not specify maximum penalties for breaches, but non-compliance could lead to the NCA taking legal action to enforce the conditions, potentially resulting in fines or other civil or criminal consequences as determined by the courts (s. 6).
The Amendment also addresses potential offences and penalties for non-compliance, although the specific penalties are not detailed in the provided text. Generally, breaches of planning and land management regulations under the Act can result in fines and other enforcement actions. The severity of the penalties can vary depending on the nature and extent of the breach, and could include both civil and criminal consequences. The Act empowers the NCA to take appropriate legal action against individuals or entities that fail to comply with the planning policies and conditions set forth in Amendment 39.