National Capital Plan - Amendment No. 24 - Special Requirements for Northbourne Avenue

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

Legislation au F2008B00032 Not in force Legislative Instrument

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NATIONAL CAPITAL AUTHORITY

Australian Capital Territory

(Planning and Land Management) Act 1988

NATIONAL CAPITAL PLAN

AMENDMENT 24

SPECIAL REQUIREMENTS FOR NORTHBOURNE AVENUE

Gazetted on 21 July 1999

 

AMENDMENT 24 OF THE NATIONAL CAPITAL PLAN

Special Requirements for Northbourne Avenue

1. Delete the whole of clause "2.3 Special Requirements for Main Avenues" from Chapter 2 and substitute the following:

"2.3 Special Requirements for Main Avenues

It is in the interests of the National Capital that development flanking main avenues in the city is of a type and quality that will enhance the role and status of the city. For the purposes of Special Requirements the Main Avenues are:

 Northbourne Avenue, between Antill/Mouat Streets and Barry Drive/ Cooyong Street

 Adelaide Avenue, outside the Central National Area

 Canberra Avenue, between Hume Circle and the Central National Area

 Wentworth Avenue, from Hume Circle to Brisbane Avenue

 Brisbane Avenue outside the Central National Area

 Constitution Avenue

These Special Requirements apply to development on land (not included within any Designated Area) adjacent to the Main Avenues.

Special Requirements

Development, except in relation to Northbourne Avenue, is to conform to Development Control Plans (agreed by the Authority) which seek to secure the integrity of the Main Avenues as approaches to the Parliamentary Zone and ensure that the setting, buildings and purposes of development enhance that function.

For Northbourne Avenue, the requirement for a Development Control Plan has been met by the passage of Variation No. 96 to the Territory Plan. The integrity of the approach to the Parliamentary Zone remains an objective, however, and Special Requirements for development continue to be necessary.

Development Controls Plans and (in relation to Northbourne Avenue) development, shall:

i) make provision for national uses, offices for national associations, tourist accommodation and residential development

ii) seek high standards of building design and finish. External materials should be predominantly light in tone and require little maintenance. Continuous glass facades should be avoided. Criteria for controlling the use of reflective glass should be incorporated

iii) incorporate the following where Main Avenues are the final approaches to the Parliamentary Zone:

 building height controls, to ensure that buildings are at least 3 storeys in height unless specifically shown otherwise in an agreed Development Control Plan. Plant rooms to be additional to these heights

 building lines, to be 10 metres unless specifically shown otherwise in an agreed Development Control Plan. The area in front of the building line is to be landscaped, and exclusive of parking. Minor encroachment of basement parking into this area may be considered where this would not detract from the quality of the landscape treatment and where the parking is located beneath a driveway or other paved area. Canopies may cover set-down areas forward of the building line. Minor encroachment by balconies, awnings and porticos may be considered if the materials and designs are such that the visual integrity of the building line is retained

iv) for Main Avenues having predominantly commercial frontages:

Building Height

 ensure that buildings adjacent to Northbourne Avenue are not less than 3 storeys plus plant rooms in height, provided that for special non-commercial uses such as a tourist information centre exceptions to this requirement may be considered

 ensure that the parapets of buildings adjacent to Northbourne Avenue are not higher than 25 metres above natural ground level except for the two 'landmark nodes' at the intersections of Mouat/Antill Streets and Macarthur/Wakefield Avenues with Northbourne Avenue where parapets may be up to 32 metres above natural ground level

 provide that buildings adjacent to Main Avenues other than Northbourne Avenue may be up to 4 storeys, plus plantrooms, in height

Note:

Where these maximum heights are already exceeded by existing buildings, extensions or rebuilding up to the height of the existing building may be permitted.

Building Lines

 for Northbourne Avenue, ensure building lines are 10 metres except for the east side of the Avenue between Wakefield Avenue and Ipima Street and for the "landmark nodes" where Northbourne Avenue is crossed by Mouat/Antill Streets and Macarthur/Wakefield Avenues, where increased building lines may be permitted

 for Main Avenues other than Northbourne Avenue, ensure building lines are 10 metres except within the City Division or unless specifically shown otherwise in an agreed Development Control Plan

Note:

The area in front of the building line is to be landscaped, and exclusive of parking. Minor encroachment of basement parking into this area may be considered where this would not detract from the quality of the landscape treatment and where the parking is located beneath a driveway or other paved area. Canopies may cover set-down areas forward of the building line. Minor encroachment by balconies, awnings and porticos may be considered if the materials and designs are such that the visual integrity of the building line is retained

v) for Main. Avenues having predominantly landscaped frontages, generally provide for buildings to not exceed the height of the established tree canopy (typically 3-4 storeys)

vi) consider parking, vehicle access, and the traffic impacts of development. Access from and to the Avenues shall be permitted where practicable and where traffic safety will not be affected adversely."

2. Amend "4.5.4 Civic" at Chapter 4 as follows, and make consequential amendments to Figure 21, to remove lands in Turner Sections 41, 42 and 43 and Braddon Sections 18 and 19 (bounded by Moore, Masson, Girrahween and Mort Streets) from the effect of the Special Requirements for Civic:

i) Delete the last paragraph under the heading "National Interest in Civic" which starts with the words "Land which is subject to Special Requirements....." and substitute the following:

"Land which is subject to Special Requirements in Civic, for the purposes of this section, is part of the City Division plus the parts of Turner and Braddon bounded respectively by Watson, Masson and Moore Streets and Mort, Girrahween and Torrens Streets, but excluding those parts of Civic in the Central National Area."

ii) Delete the paragraph (and all subsequent sub-paragraphs) under the heading "Special Requirements" which starts with the words "For Braddon Sections 18 & 19......". Section 4.5.4 will then finish with the sentence "Buildings in Civic must be of permanent construction and generally white to light buff/grey in colour."

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide for the planning and management of land within the Australian Capital Territory, including the establishment of the National Capital Plan. This Act aims to address the need for comprehensive and integrated planning and management of the Territory's land resources to support the development of the National Capital in accordance with the principles set out in the Act. The National Capital Plan Amendment 24, which was gazetted on 21 July 1999, seeks to refine the Special Requirements for Northbourne Avenue, ensuring that development along this key thoroughfare enhances the city's role and status. The policy objective is to maintain the integrity and visual appeal of the main avenues as approaches to the Parliamentary Zone, promoting high standards of building design and finish, and controlling building heights and lines to preserve the aesthetic quality of the area.

Scope and Application

The National Capital Plan Amendment 24 pertains to the National Capital Authority's Planning and Land Management Act 1988, focusing on special requirements for main avenues within the Australian Capital Territory, particularly Northbourne Avenue. This amendment applies to development on land adjacent to the specified main avenues, excluding areas within designated zones, and aims to maintain the aesthetic and functional integrity of these avenues as they approach the Parliamentary Zone. Developments must adhere to the Development Control Plans agreed upon by the Authority, ensuring high standards of building design and finish, with specific guidelines for building heights and lines, particularly along Northbourne Avenue where additional restrictions apply. The amendment also includes provisions for managing parking, vehicle access, and traffic impacts, ensuring that the development aligns with the overall vision for the National Capital. The exclusions outlined in the amendment clarify that certain areas, such as parts of Turner and Braddon sections, are not subject to the special requirements for civic areas. This amendment extends the application of the Act through subordinate instruments, ensuring that the urban development aligns with the national objectives of the Australian Capital Territory.

Key Provisions

The key provisions of the National Capital Plan Amendment 24 involve special requirements for main avenues and civic areas in the Australian Capital Territory. The amendment focuses on Northbourne Avenue, Adelaide Avenue, Canberra Avenue, Wentworth Avenue, Brisbane Avenue, and Constitution Avenue (sections 1 and 2). For these main avenues, the Act mandates that development should be of high quality and enhance the role and status of the city (section 1). Development control plans must be agreed upon by the National Capital Authority to secure the integrity of these avenues as approaches to the Parliamentary Zone (section 1). Special requirements include provisions for national uses, offices for national associations, tourist accommodation, and residential development, with an emphasis on high standards of building design and finish (section 1(iii)). Building height and lines are strictly regulated, with specific exceptions for certain areas and landmark nodes (section 1(iii)(iv)). The Act imposes several obligations on parties or entities involved in development along these main avenues. Developers must adhere to the special requirements outlined, including height and setback restrictions, the use of predominantly light-toned materials, and avoidance of continuous glass facades (section 1(iii)). There are also specific requirements for the use of reflective glass and the landscaping of areas in front of building lines (section 1(iii)(iv)). Furthermore, the Act mandates that development must not adversely affect traffic safety and that access from and to the avenues must be permitted where practicable (section 1(vi)). The Act also requires that the integrity of the approach to the Parliamentary Zone be maintained, with special attention given to the aesthetic and functional aspects of development along these avenues. Breach of the special requirements set forth in the Act can result in civil or criminal consequences. While the specific penalties are not detailed in the amendment, it is likely that penalties would align with those stipulated in the broader National Capital Authority Act 1988, which can include fines and other enforcement actions. Non-compliance with building height and setback restrictions, for example, could lead to enforcement actions to bring the development into line with the Act's requirements. Similarly, failure to adhere to the standards for building design and materials could result in penalties aimed at ensuring that development meets the Act's objectives for enhancing the city's status and role.

Legal classification tags

Area of Law
Planning & Development Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Development Control
Building Height Controls
Building Lines
Landscaping Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.