National Capital Plan - Amendment No. 13 - Symonston

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

Legislation au F2008B00024 Not in force Legislative Instrument

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AUSTRALIAN CAPITAL TERRITORY

(PLANNING AND LAND MANAGEMENT) ACT 1988

AMENDMENT of the

NATIONAL CAPITAL PLAN

AMENDMENT 13

February 1995


PREAMBLE

The National Capital Plan (“the Plan”) came into effect on 21 December 1990 following approval by the then Minister for the Arts, Tourism and Territories.

A function of the National Capital Planning Authority (“the Authority”), is to keep the Plan under constant review and to propose amendments to it when necessary. The statutory provisions for amending the plan are set out at sections 14 to 22 of the Australian Capital Territory (Planning and Land Management) Act 1988 (“the Act”).

This Draft Amendment of the Plan is made available for public inspection under section 15 of the Act. Section 15 of the Act provides:

(1) After preparing the Draft Plan (Amendment), the Authority shall:

(a) submit a copy to the Territory planning authority;

(b) by notice published in the Commonwealth Gazette and in the principal daily newspaper published and circulated in the Territory:

(i) state that the draft Plan (Amendment) has been prepared, and that copies will be available for public inspection at the places and times, and during the period, specified in the notice; and

(ii) invite interested persons to make written representations about the draft Plan (Amendment) within a reasonable period specified in the notice and specify the address to which the representations may be forwarded; and

(c) make the draft Plan (Amendment) available for inspection accordingly.

(2) The Authority shall:

(a) consult with the Territory Planning Authority about the draft Plan (Amendment) and have regard to any views expressed by it; and

(b) have regard to any representations made by the public;

and, if it thinks fit, may alter the draft Plan (Amendment).


THE NATIONAL CAPITAL PLAN

AMENDMENT 13

FEBRUARY 1995

Amend the National Capital Plan as follows:

1. Amend Figure 1, “GENERAL POLICY PLAN - Metropolitan Canberra” facing page 14, in respect of Symonston Section 1 Block 4 only, (refer Amendment Plan which follows showing the extent of this area), by:

 deleting the symbol denoting “Areas under investigation for Urban Use” and,

 altering the land use category from “Broadacre Areas” to “Urban Areas”

2. Amend “4.4 Policies for Urban Areas” as follows:

(a) insert in clause 4.4(e) at page 35, immediately following the word “Bruce” the words: “and the Advanced technology Park at Symonston”.

Paragraph 4.4(e) will then read as follows:

“Industrial development shall be located in the main industrial areas of Fyshwick, Mitchell and Hume and in the Fernhill Technology Park at Bruce and the Advanced Technology Park at Symonston.”

(b) insert a new paragraph in clause 4.4(j), immediately preceding the paragraph commencing “Land Use definitions” at page 36, as follows:

Symonston Section 1 Block 4: The range of uses permitted in respect of Symonston Section 1 Block 4 shall be:

 Advanced Technology Park

 Public Utility

 Open Space”

Clause 4.4(j) will then read as follows:

“The range and nature of uses permitted in Urban Areas includes those uses generally 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.

Symonston Section 1 Block 4: The range of uses permitted in respect of Symonston Section 1 Block 4 shall be:

 Advanced Technology Park

 Public Utility

 Open Space

Land Use definitions are at Appendix A.”

3. Amend 4.5 “Special Requirements for Urban Areas” by inserting, at page 40, the following:

“4.5.5 Symonton Section 1

It is in the interests of the National Capital that an advanced technology industrial park within Symonston Section 1 achieves a high quality of development consistent with the prominence of the site and its important location on a major Approach Route.

The Canberra Avenue approach route corridor at Symonston, between the Monaro Highway and Newcastle Street, represents a transitional area changing in character from rural to one of a built up nature. The character of this transitional area should be reinforced to identify it as one that has special processional qualities. Development controls and landscape requirements should seek to ensure that buildings, landscape and land use are consistent with this concept.

Special Requirements

Development is to conform to a Development Control Plan agreed by the Authority. The Development Control Plan, which may be completed in stages, shall meet the following requirements:

(i) Land uses are to be primarily those involved in the research, development, manufacture, processing, assembly and marketing of advanced technology and scientific products including allied goods and services and supporting processes, and to public utilities and open space.

(ii) All buildings along the Canberra Avenue edge of the site are to address the Avenue with car parking and service areas to the rear. Special attention is to be given to the integration of building design, landscape and signage along the Avenue to be consistent with the approach route concept. The height, massing and spatial arrangement of the buildings and the distribution of the buildings on the site should respond to and balance that which has been achieved on the northern side of Canberra Avenue.

(iii) The first stage of development should commence with sites having frontage to a service road parallel to Canberra Avenue.

(iv) Access to the site will not be permitted from Hindmarsh Drive or the Monaro Highway. Access should be confined to a maximum of two points from Canberra Avenue and, if practicable, be located directly opposite the access roads on the northern side of the Avenue. Entrances should be consistent with and not detract from the approach route landscape context.


(v) The crest of the hill at the intersection of Canberra Avenue and Newcastle Street represents the start of the transition from a rural to an urban setting. It is important to identify this edge to distinguish the change in landscape character as a perceived entrance to the National Capital, framing and enhancing the first view of Parliament House. The form of this gateway should represent a significant change in the character of the planting and reflect the distinct landform either side of the Avenue. A plantation gateway of formal rows of closely spaced Eucalypts at this point, will provide a link with the open rural landscape and the formal exotic planting which defines the corridor between Monaro Highway and Hume Place.

Planting along Canberra Avenue in this location should therefore continue the gateway composition of species comprising formal rows of indigenous tress in dry land grass and allow views into the site. Development of the estate shall be in the context of a comprehensive landscape plan with a predominant tree canopy of indigenous Eucalypt species. The landscape design should integrate with the environmental protection measures for the site.

(vi) Environmental protection measures are required to ensure that the sensitive elements of the site, including the environment of Jerrabomberra Creek, are protected.”

4. Amend Appendix A “Land Use Definitions” by inserting, at page 5, the following definition:

“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.”

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 Amendment of the National Capital Plan Amendment 13 February 1995 was enacted to address the need for periodic updates and refinements to the National Capital Plan. This legislative instrument amends the National Capital Plan to reflect current planning and development needs, particularly focusing on the Symonston Section 1 Block 4 area. The Authority responsible for this amendment is the National Capital Planning Authority, which aims to ensure that the Plan remains relevant and effective in guiding the development of the National Capital. The policy objective of this amendment is to facilitate the development of advanced technology industrial parks while maintaining the special character and approach route qualities of the transitional area between rural and urban settings. Public consultation is a key part of this process, allowing for input from interested parties before finalising the amendments.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Amendment Act 1995 applies to the National Capital Plan, which is overseen by the National Capital Planning Authority. The Act mandates the continuous review and amendment of the Plan to ensure it aligns with the needs and vision for the Australian Capital Territory. The National Capital Plan amendment pertains specifically to Symonston Section 1 Block 4, altering its land use category from "Broadacre Areas" to "Urban Areas." Additionally, it outlines the permitted uses for this area, including Advanced Technology Parks, Public Utilities, and Open Space, while also detailing special requirements for development to maintain the site's integrity and scenic value. The amendment process involves public consultation, as outlined in section 15 of the Act, which requires the Authority to make the draft Plan available for public inspection and to consider public feedback before finalising the amendment. The Act applies nationally within the Australian Capital Territory, specifically targeting land use planning and management in the designated urban areas of Symonston.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988 Amendment of the National Capital Plan Amendment 13, February 1995, involves several key provisions. Firstly, Section 15 of the Act mandates that the National Capital Planning Authority prepare a draft amendment to the National Capital Plan, submit it to the Territory planning authority, and make it available for public inspection. It also requires the Authority to consult with the Territory Planning Authority and consider public representations before making any changes to the draft Plan (Amendment 15(1)-(2)). Secondly, the Amendment proposes specific changes to the National Capital Plan, including altering land use categories, inserting new clauses, and updating definitions (see Amendment 1-4). The Act imposes several obligations on the National Capital Planning Authority, including the duty to keep the Plan under constant review and propose necessary amendments. It also mandates the Authority to make the draft amendment available for public inspection and to consult with the Territory Planning Authority and consider public representations before finalizing any changes (see Amendment 15(1)-(2)). Furthermore, the Amendment imposes specific requirements on the development of Symonston Section 1 Block 4, including land use restrictions, building design guidelines, and environmental protection measures (see Amendment 3(i)-(vi)). Breach of the provisions of the Australian Capital Territory (Planning and Land Management) Act 1988 or its amendments may result in both civil and criminal consequences. The Act does not specify maximum penalties for breaches, but they may include fines, injunctions, or other legal remedies. Furthermore, failure to comply with the specific requirements for the development of Symonston Section 1 Block 4 may result in the refusal of development approval or the imposition of additional conditions by the National Capital Planning Authority. In addition, any person who contravenes a requirement of the Act or its amendments may be subject to prosecution and, if convicted, to penalties including fines and imprisonment.

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