National Capital Plan - Amendment No. 1 - City Sections 10 (Part), 37 and 62

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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AUSTRALIAN CAPITAL TERRITORY

(Planning and Land Management) Act 1988

National Capital Plan

Amendment No.1

November 1991

NATIONAL CAPITAL PLAN - AMENDMENT NO 1

CITY SECTIONS 10 (PART), 37 AND 62.

Amendment of the National Capital Plan in respect of the Detailed Conditions of Planning, Design and Development for the Central National Area and in particular for the land within area C on Figure 10 of Part One of the Plan.

1. Add to the final sentence of the Objective, the words:

“and that a limited amount of office development may be allowed.”

2. Insert in the Land Use Policy, in the list of other land uses permitted, the following:

“Office (Part Section 10 only), up to a maximum gross floor area of 35 000m2 inclusive of offices associated with any Administrative uses.”

3. Delete from the Land Use Policy, in the list of other land uses permitted:

“Administrative uses,”

and insert:

“Administrative uses (Section 10 only).”

4. Insert as a final paragraph in the Land Use Policy the following:

“Development and redevelopment shall accord with the development conditions set out at Appendix S.”

The full text of the Detailed Conditions for the land within area C on Figure 10 of Part One of the Plan, incorporating the amendments at 1-4 above, is as follows:

C City Sections 10 (Part), 37 & 62

Objective

The main objective of the land use policy for the tourist and recreation area is to ensure that the area in Civic is reserved for the provision of commercial recreation facilities to serve the health, fitness and leisure needs of the workforce, Canberra Residents, tourists and visitors to the Centre, Complementary to this main objective it is also intended that the area accommodate tourist facilities and accommodation which can benefit from a location close to the Convention Centre and that a limited amount of office development may be allowed.

Land Use Policy

The primary land uses for Precinct C are:

 Tourist facility

 Indoor recreation facility

 Outdoor recreation facility but a publicly accessible Olympic Pool complex must be included.


Other land uses permitted are:

 Office (Pan Section 10 only), up to a maximum gross floor area of 35 000m2 inclusive of offices associated with any Administrative uses

 Retail (ancillary to primary use)

 Cafe, bar, restaurant

 Personal service establishment

 Club

 Cultural facility

 Social/Community facility

 Place of assembly

 Administrative uses (Section 10 only)

 Community protection facility

 Residential

 Hotel

 Motel

 Park

 Public utility

 Carpark.

Redevelopment proposals must always ensure that floodwater is catered for as the south-east comer of the precinct is subject to flooding by overland stormwater flow, and in rare circumstances possibly by Lake Burley Griffin.

Development and redevelopment shall accord with the development conditions set out at Appendix S.

5. Incorporate the following as Appendix S to the National Capital Plan:

“Development Conditions - City Sections 10 (part), 37 and 62

The following conditions, and those shown in the Development Guidelines drawing below, shall apply to ensure that development in the Precinct responds to its setting and the planning objectives:

 Preliminary environmental assessments will be required for commercial developments exceeding floor areas of 5000m2. If a preliminary assessment indicates that a significant impact on the environment is likely, action under the Commonwealth Environment Protection (Impact of Proposals) Act 1974 will be undertaken.

Applicants seeking approval to commercial developments exceeding floor areas of 5000m2, will be required to demonstrate that their proposal will not, when considered in addition to other approved projects in Civic, result in an increased incidence of breaches of recognised environmental standards.

 The Civic Pool and its landscape setting shall remain the dominant use on Section 37.

 Individual proposals will be assessed in terms of their potential micro climatic effects on the Olympic Pool site, particularly through possible overshadowing in the summer months, and shall take into account the heritage and recreational significance of the pool and its setting.


 Development proposals and applications for works approval will be assessed in terms of their effect on the traffic, parking and public transport facilities and services in Civic and its environs.

 The incorporation of currently operating recreation uses is required in any redevelopment.

 Buildings fronting London Circuit may be up to a maximum height of 6 storeys subject to satisfaction of the following performance standards:

(a) development fronting London Circuit is to be designed to ensure that elements of signficant South Easterly views from City Hill towards the tree canopy and distant hills are protected either by providing view corridors between buildings or by reducing building height;

(b) the length of facades on London Circuit is to avoid the appearance of a solid, continuous wall of buildings;

(c) development on London Circuit is to avoid adverse effects of microclimate, and is not to detract from an attractive and enjoyable pedestrian environment.

Elsewhere within the precinct buildings shall not be more than 4 storeys in height provided that:

(i) buildings may be up to 5 storeys in height approximately mid-way between London Circuit and Allara Street to provide a transition between the 6 storey and 4 storey maxima;

(ii) building development in Allara Street within 20 metres of the Amdahl Building shall achieve 4 storeys in height to prevent undue disparity of height between adjacent buildings.

Note:

Plant rooms and other service elements may be allowed above the maximum building heights specified provided they are set back from the building edges and screened from street level view.

 Buildings on blocks fronting onto Constitution Avenue or London Circuit should be constructed parallel to, and with the front building line generally on, the gazetted road boundary.

 Development fronting Constitution Avenue shall not be permitted except in the context of a comprehensive design for this section of the Avenue.

 Either a built or a landscaped edge is necessary to Allara Street to strengthen the link to Commonwealth Park.

 An overall building form and massing which emphasises the horizontal plane rather than the vertical, consistent with the Amdahl Building, is required.

 Buildings which exceed the mature tree canopy height (i.e. greater than four storeys) need to be placed in a manner which reinforces the geometry of the


Griffin Plan for the Parliamentary Triangle when viewed from a distance.

 Colonnades should be provided on London Circuit, Constitution Avenue and Allara Street building frontages to provide all-weather pedestrian protection.

 A building line on Coranderrk Street which complements the Convention Centre setback is necessary.

Note:

In addition to the foregoing, all other relevant provisions of the National Capital Plan continue to apply.”

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a comprehensive framework for the planning and management of land within the Australian Capital Territory, including the National Capital. This Act aimed to address the need for coordinated and sustainable land use planning to accommodate the growth and development of Canberra, the nation's capital. The Parliament of the Australian Capital Territory established this Act to ensure orderly and efficient land use management while preserving the unique character and heritage of the National Capital. The policy objective of the Act is to balance the needs of urban development with the preservation of the natural and cultural environment, ensuring that growth is managed in a way that supports the health, safety, and well-being of the community.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988, through its National Capital Plan Amendment No. 1, specifically amends the Detailed Conditions of Planning, Design and Development for the Central National Area, with a particular focus on land within area C on Figure 10 of Part One of the Plan. This amendment applies to all entities and individuals involved in planning, development, and redevelopment activities within the designated precinct. It sets forth the permissible land uses, height restrictions, and environmental considerations for buildings and structures in this area, ensuring that any proposed developments align with the overarching objectives of preserving the area's recreational, cultural, and administrative functions while allowing for a limited amount of office development. The amendment outlines specific conditions for development proposals, including requirements for environmental assessments, preservation of significant landscape features, and adherence to height limitations to maintain visual harmony and protect views and microclimatic conditions. These amendments are intended to guide the development process to ensure compatibility with the surrounding environment and existing urban fabric. The geographic scope of this amendment is confined to the Central National Area, specifically targeting the land within area C on Figure 10 of Part One of the Plan. This amendment does not extend beyond the specified precinct and is subject to the broader provisions of the National Capital Plan. The detailed conditions set out in the amendment are designed to ensure that any redevelopment or new development within the precinct adheres to the planning objectives and design standards, while also considering environmental impacts and the integration of commercial, recreational, and administrative uses. The amendment specifies exclusions and conditions that must be met for various types of land uses and development activities, ensuring a balanced approach to urban development within this sensitive area.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by the National Capital Plan Amendment No. 1 in November 1991, brings several key changes to the detailed conditions of planning, design and development for the Central National Area, particularly focusing on land within area C. The main objective of the land use policy for the tourist and recreation area is now to ensure it provides commercial recreation facilities to meet the health, fitness and leisure needs of the workforce, Canberra residents, tourists, and visitors, while also accommodating tourist facilities and accommodation close to the Convention Centre (section 1). A limited amount of office development is also permitted (section 1). The Act specifies that office use is allowed only in Part Section 10, with a maximum gross floor area of 35,000 m², including offices associated with any administrative uses (section 2). The term "administrative uses" has been revised to clarify that it applies only in Section 10 (section 3). Additionally, any development and redevelopment must comply with the development conditions outlined in Appendix S (section 4). The Act imposes several obligations on the parties involved. Firstly, preliminary environmental assessments are required for commercial developments exceeding 5,000 m² (Appendix S). These assessments must ensure that the development will not result in an increased incidence of breaches of recognised environmental standards when combined with other approved projects in Civic (Appendix S). Developments must also consider their potential microclimatic effects on the Olympic Pool site, particularly in terms of overshadowing (Appendix S). Furthermore, building heights and forms are strictly regulated. For instance, buildings fronting London Circuit may be up to 6 storeys high, while elsewhere in the precinct, they should not exceed 4 storeys (Appendix S). Buildings on Constitution Avenue are not permitted except as part of a comprehensive design for that section of the Avenue (Appendix S). Colonnades are required on the frontages of buildings on London Circuit, Constitution Avenue, and Allara Street to provide all-weather pedestrian protection (Appendix S). There are specific penalties and consequences for breaches of the conditions set forth in the Act. While the Act does not explicitly detail penalties, violations of the environmental conditions could lead to actions under the Commonwealth Environment Protection (Impact of Proposals) Act 1974, which includes potential fines and legal actions. Non-compliance with the specified development conditions could result in the denial of development approval or the requirement to amend proposals to meet the stipulated guidelines. Additionally, failure to adhere to the specified building heights and forms could lead to enforcement actions or legal disputes over the non-compliance.

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