National Capital Plan - Amendment No. 9 - Hotel Kurrajong

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a comprehensive framework for the planning and land management in the Australian Capital Territory. The Act was designed to address the need for orderly and sustainable development within the nation's capital, ensuring that land use aligns with the Territory's planning objectives and heritage conservation. One of the key mechanisms provided by the Act is the National Capital Plan, which is subject to periodic review and amendment to accommodate evolving needs and opportunities. The 1993 amendment, Amendment No 9, is a specific instance of this ongoing process, aimed at facilitating the conversion of the Hotel Kurrajong into an international hotel management school. This amendment was enacted by the National Capital Planning Authority, which has the statutory responsibility to oversee the National Capital Plan. The policy objective of this amendment is to enable the transformation of the Hotel Kurrajong while preserving its heritage values and integrating it as a functional educational establishment within the urban landscape.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment No 9, applies to the National Capital Plan and specifically addresses the land use policy for Section 10 Barton. This legislation affects the National Capital Planning Authority, which is responsible for managing and proposing changes to the National Capital Plan. The amendment permits the conversion of the Hotel Kurrajong into an international hotel management school, including hotel accommodation. The change in land use from "Hotel, Open Space and Child Care Centre" to "Hotel and Educational Establishment" aligns with the objective to preserve the heritage values of the Hotel Kurrajong while enabling its use for educational purposes. Conditions for planning, design, and development include retaining Block 3 as public open space, considering the heritage values in landscape and building works, and addressing street frontages. This amendment has a jurisdictional reach limited to the Australian Capital Territory, and it is a direct alteration to the National Capital Plan, with no specified exclusions or exemptions. The amendment extends the application of the Act by modifying the land use policies for Section 10 Barton as part of the broader planning framework.

Key Provisions

The main operative sections of the Amendment No 9 to the National Capital Plan involve the reclassification of land use in Section 10 Barton, previously designated for a hotel, open space, and child care centre (section 2(a)). This amendment changes the land use policy to "Hotel and Educational Establishment" (section 2(a)), with a specific objective to facilitate the conversion of the Hotel Kurrajong into an international hotel management school, including hotel accommodation. Furthermore, section 2(b) introduces a statement on the reverse of Figure 8, detailing the conditions of planning, design, and development, which include retaining Block 3 as public open space, maintaining heritage values, and ensuring that any development respects the street frontages. The obligations and requirements imposed by this amendment on the parties or entities involved are primarily concerned with preserving the heritage values of the Hotel Kurrajong while enabling its conversion into an educational facility. The lessee is required to maintain Block 3 as public open space, considering heritage values. Additionally, any landscape and building development works on Section 10 Barton must also take into account these heritage values. The amendment further stipulates that development must address street frontages, ensuring that the new use of the property aligns with the overall urban design and aesthetics of the area. In terms of potential consequences for breaches, the legislation does not explicitly outline specific offences or penalties. However, non-compliance with the conditions of planning, design, and development could lead to enforcement actions by the relevant authorities. Such actions may include orders to cease non-compliant activities, fines, or other corrective measures to ensure adherence to the stipulated requirements. Given that the Act does not specify maximum penalties, the extent of any enforcement action would depend on the nature and severity of the breach, as well as the discretion of the authorities responsible for administering the National Capital Plan.