National Capital Plan Draft Amendment 93 - City and Gateway Urban Design Provisions Technical Changes

Overview

The National Capital Plan Draft Amendment 93, released by the National Capital Authority (NCA) in 2019, is intended to address technical changes related to the urban design provisions in the City and Gateway areas. This draft amendment seeks to introduce transitional provisions for development applications that were submitted to the Territory planning authority before the commencement of Amendment 91 to the Plan. Additionally, it aims to define the term 'building length' and clarify design provisions concerning balconies and balustrades. The policy objective behind DA93 is to ensure a smooth transition and clear guidelines for urban development in the national capital, fostering orderly and aesthetically cohesive growth in line with the overarching urban design principles. The NCA has opened this draft amendment up for public consultation to gather feedback and insights from interested parties, promoting inclusive and transparent urban planning processes.

Scope and Application

The National Capital Plan Draft Amendment 93, released by the National Capital Authority, pertains to entities and individuals engaged in urban development within the Australian Capital Territory. It applies to those involved in the planning, design, and approval processes for urban development projects, particularly in relation to the City and Gateway Urban Design Provisions. The amendment specifically targets technical changes that affect building design, balconies, and balustrades, providing clarification and transitional measures for ongoing development applications. Its jurisdictional reach is limited to the Australian Capital Territory, thereby impacting local authorities and stakeholders directly involved in the urban planning process within this territory. The amendment does not explicitly state any exclusions or thresholds but is designed to streamline and standardise urban development practices. The application of this draft amendment may be further detailed or extended through subordinate instruments, which would be issued following the consultation process and any subsequent amendments.

Key Provisions

The main operative sections of Draft Amendment 93 (DA93) to the National Capital Plan introduce transitional provisions for development applications submitted prior to Amendment 91, define the term 'building length', and clarify design provisions concerning balconies and balustrades (sections 2, 3, and 4 respectively). Section 2 provides a temporary framework for handling development applications that were submitted before Amendment 91 came into effect, ensuring these applications are processed under the existing rules while new applications will follow the updated provisions. Section 3 offers a precise definition of 'building length', which is crucial for determining compliance with urban design standards. Section 4 aims to provide clarity on the design specifications for balconies and balustrades, thereby aiding developers and planners in ensuring that these elements meet the required safety and aesthetic standards. DA93 imposes several obligations and requirements on parties involved in the planning and development process in the National Capital. Firstly, it mandates that the Territory planning authority must apply the transitional provisions outlined in Section 2 to any development applications submitted before the commencement of Amendment 91. This ensures a consistent approach to processing these applications. Secondly, the definition of 'building length' provided in Section 3 must be adhered to by all developers, planners, and architects when assessing or designing buildings. This definition is crucial for ensuring that all structures comply with the urban design requirements set forth in the Plan. Lastly, Section 4 requires that balconies and balustrades be designed and constructed in accordance with the clarified provisions, ensuring these elements meet both safety and aesthetic standards. Breaches of the provisions in DA93 may lead to various civil or criminal consequences. Although specific offences are not detailed in the draft, it is implied that failure to comply with the transitional provisions, the definition of 'building length', or the clarified design provisions for balconies and balustrades could result in the rejection of development applications, enforcement actions, or legal proceedings. The maximum penalties for such breaches are not explicitly stated in the draft but would typically align with those outlined in the existing planning legislation, which can include fines or other civil penalties for non-compliance. In more serious cases, criminal penalties may apply, though these would be determined by the specific circumstances and the relevant legislation governing urban planning and development in the Australian Capital Territory.