AUSTRALIAN CAPITAL TERRITORY
(Planning and Land Management) Act 1988
________________________________________
National Capital Plan
Amendment No.4
November 1992
AMENDMENT NUMBER 4 TO THE NATIONAL CAPITAL PLAN
1. Amend the GENERAL POLICY PLAN - Metropolitan Canberra - as indicated in Figure V.1 at Appendix V - to:
(a) extend the urban area of Gungahlin so that it covers the proposed residential and tourist components of the proposed “Harcourt Hill” development, and
(b) precisely define the full extent of the Gold Creek Tourist Area.
2. Amend page 55 of the Plan by re-numbering the heading “Designated Area: The Inner Hills” from 8.5.4 to 8.5.5 and inserting a new heading 8.5.4 “Special Requirements for Hills Ridges and Buffer Spaces” over the following:
Special requirements apply to the development of the “Harcourt Hill” resort and to the Gold Creek Tourist Area. These special requirements are set out in Appendix V.
3. Include as APPENDIX V - SPECIAL REQUIREMENTS, the following:
Gold Creek Tourist Area and “Harcourt Hill”
Special Requirements
General
1. The approach to the National Capital should reinforce the image of Canberra as the “Bush Capital” by carrying the surrounding rural landscape into the city from its periphery. The corridor of open space flanking the highway should be variable in its width providing a well-defined separation of the urban areas.
2. In respect of the Gold Creek Tourist Area, the existing landscape character of open, lightly wooded pastures should be retained on the ridges adjacent to the highway.
3. In the open sparsely wooded area surrounding the Gold Creek Tourist Area, land uses which enhance or at least are compatible with the existing landscape character are required (ie the land uses are to create a “parkland” character around the development thus ensuring its visual and psychological separation).
Gold Creek Tourist Area
1. Development within the Gold Creek Tourist Area should continue to reflect the existing character, ie “pavilions” in well-landscaped settings.
2. The Gold Creek Tourist Area is to be visually contained with clear boundary treatments. (refer Figure V.1)
3. Planting should provide definition to the whole development as well as providing distinct character to the access road and precincts designed to accommodate individual developments.
Open Space
1. Well-wooded Open Space areas along the ridges should separate the residential areas from the buffer spaces and Gold Creek Tourist Area.
2. Defined open spaces should provide usable areas and meaningful public access, as well as providing wildlife corridors linking to outer hills and ridges, and drainage lines and watercourses.
Harcourt and Percival Hills
1. No residential development should be located on either Harcourt or Percival Hills, adjacent to the Highway. This is to ensure that the open, rural landscape character is maintained. The inclusion of a golf course in this area would be appropriate.
2. The location of resort core facilities on the west side of the ridge in association with a golf course would be appropriate. Low, clustered buildings in this setting would add to the appearance of a “homestead” retreat and would allow for glimpses of future development from the road.
3. The main entry road treatment should not be too overt and hence interrupt the experience of entering the National Capital. Deciduous trees are not considered appropriate in this landscape - consideration needs to be given to the formal use of native trees to reinforce the “Australianness” of the development.
Figure V.1
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide for the planning and development of land in the Australian Capital Territory. This legislation was introduced to address the need for a comprehensive framework governing land use, development, and conservation within the Territory. The Act was passed by the Australian Capital Territory Legislative Assembly, with a policy objective of ensuring sustainable development while preserving the unique character and environmental integrity of Canberra, the nation's capital. The National Capital Plan Amendment No. 4, introduced in 1992, sought to refine the urban expansion of Gungahlin to encompass the residential and tourist components of the proposed "Harcourt Hill" development, while also clearly defining the Gold Creek Tourist Area. This amendment aimed to maintain the distinct rural landscape that characterises Canberra, ensuring that development aligns with the overarching vision of the city as the "Bush Capital".
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by the National Capital Plan Amendment No. 4, applies to the management and development of land within the Australian Capital Territory, particularly focusing on the metropolitan area of Canberra. The amendment pertains to the urban expansion of Gungahlin to encompass the residential and tourist components of the proposed "Harcourt Hill" development and the precise delineation of the Gold Creek Tourist Area. The amendment also introduces special requirements for the development of these areas, ensuring that the urban expansion maintains the rural landscape character and visual separation from surrounding areas. This legislative instrument affects the planning and development industry within the ACT, particularly those involved in urban planning, tourism, and landscape management. The Act’s jurisdictional reach is confined to the Australian Capital Territory, and its application is extended or restricted through subordinate instruments such as the National Capital Plan. No explicit exclusions or exemptions are stated within this amendment; however, it is understood that the provisions must comply with broader planning regulations and environmental considerations.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment No.4 to the National Capital Plan, primarily focuses on modifying the General Policy Plan for Metropolitan Canberra, particularly concerning the urban expansion of Gungahlin and the precise definition of the Gold Creek Tourist Area (sections 1(a) and 1(b)). The amendment introduces new headings and provisions to cater to the special requirements of the "Harcourt Hill" development and the Gold Creek Tourist Area. The changes are detailed in Appendix V, which outlines specific requirements for these areas.
These changes impose several obligations on the parties involved. The General Policy Plan now requires that the approach to the National Capital maintains Canberra's image as the "Bush Capital" with a corridor of open space that provides a well-defined separation between urban and rural areas (section 1.1). For the Gold Creek Tourist Area, the existing landscape of open, lightly wooded pastures must be retained, and development within the area should reflect its character (sections 1.2 and 1.3). Additionally, the open space surrounding the Gold Creek Tourist Area must be managed to enhance or at least be compatible with its landscape character (section 1.4).
The Act also establishes specific requirements for the "Harcourt Hill" development and the surrounding areas, such as prohibiting residential development on Harcourt and Percival Hills to maintain the rural landscape character (section 1.5). Instead, these areas are suitable for a golf course and resort core facilities. The main entry road treatment should be subtle, using native trees to reinforce the Australian landscape character (section 1.6).
Failure to comply with the provisions of the Act can lead to legal consequences. Although the specific penalties are not detailed in the provided text, non-compliance with planning and land management regulations typically results in enforcement actions, fines, or other penalties as prescribed by the Australian Capital Territory laws. These penalties are intended to ensure adherence to the planning guidelines and protect the landscape character and development standards of Canberra.