National Capital Plan - Amendment 73 - Block 6 Section 4 Yarralumla (Westridge House)

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) governs the planning and management of land in the Australian Capital Territory, with the National Capital Authority (NCA) entrusted to prepare, administer, and review the National Capital Plan (Plan). Amendment 73 of the Plan, approved by the Hon Simon Crean MP, Minister for Regional Australia, Regional Development and Local Government, on 21 October 2011, addresses a specific issue in Yarralumla, modifying the land use policy of Block 6 Section 4 from ‘Community Facility’ to ‘Single Dwelling Housing’. This change permits the property, known as Westridge House, to be used as a private residence. The amendment follows a consultation period that included submissions from the public, and it has been supported by the ACT Planning and Land Authority (ACTPLA). The amendment was laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003, with the opportunity for either House to disallow it within 15 sitting days of its laying.

Scope and Application

Amendment 73 of the Australian Capital Territory (Planning and Land Management) Act 1988 pertains specifically to Block 6 Section 4 Yarralumla, which is commonly known as Westridge House. The Amendment modifies the land use policy for this particular block from 'Community Facility' to 'Single Dwelling Housing', thereby permitting the property to be used as a private residence. The Amendment was approved by The Hon Simon Crean MP, Minister for Regional Australia, Regional Development and Local Government, and it is subject to disallowance by either House of Parliament if a disallowance resolution is passed within 15 sitting days of the Amendment being laid before the House. This Amendment is an exercise of the powers vested in the National Capital Authority (NCA) under the Act, which includes the responsibility for preparing, administering, and proposing amendments to the National Capital Plan. The Amendment was subject to a public consultation process, during which seven written submissions and four online comments were received. Following this consultation, the Amendment was referred to the ACT Planning and Land Authority (ACTPLA), which confirmed its support for the proposed changes. Notably, this Amendment does not require a Regulation Impact Statement or a Business Cost Calculator report, as advised by the Office of Best Practice Regulation.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 73, alters the land use policy for Block 6 Section 4 Yarralumla, previously designated as a 'Community Facility', to now allow it to be used as a 'Single Dwelling Housing' (section 6). This change permits the property to be utilised as a private residence. Additionally, a definition for 'Single Dwelling Housing' has been introduced into the National Capital Plan. The amendment process was meticulously followed, with the Draft Amendment 73 (DA73) being advertised for consultation in The Canberra Times, The Australian, and the Commonwealth of Australia Gazette (section 19). The consultation period concluded on 27 April 2011, during which the National Capital Authority (NCA) received seven written submissions and four online comments. Following this, no changes were made to DA73 as it was publicly exhibited. The obligations imposed by the Act require the NCA to continually review and propose necessary amendments to the National Capital Plan. The consultation process, which includes public advertisements and collection of written submissions, is a mandated procedure (sections 14 to 22). Once reviewed, the amendment must be formally referred to the ACT Planning and Land Authority (ACTPLA) for their assessment and support. In this case, ACTPLA confirmed its support on 28 April 2011. Furthermore, the Minister for Regional Australia, Regional Development and Local Government referred DA73 to the Joint Standing Committee on the National Capital and External Territories (JSC) on 5 April 2011 for their information. Should either House of Parliament decide to disallow the Amendment or part of it within 15 sitting days after it has been laid before that House, the Amendment or the disallowed part will cease to have effect (section 19). There are no specific offences or penalties outlined for the breach of this Amendment within the provided text. However, the legislative framework implies that failure to comply with the Act's requirements for consultation, review, and amendment processes could lead to legal challenges or administrative consequences.