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National Capital Plan - Amendment No. 2

Authoritative Version
  • - F2007B01566
  • No longer in force
Plans/Management of Sites & Species as made
This instrument amends the National Capital Plan (December 1990) to overcome deficiencies, rectify typographical errors, and to clarify some provisions.
Administered by: DOTARS
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 4
Registered 14 Dec 2007
Tabling HistoryDate
Tabled HR13-Dec-1991
Tabled Senate13-Dec-1991
Gazetted 13 Dec 1991
Date of repeal 19 Mar 2014
Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014

AUSTRALIAN CAPITAL TERRITORY

(PLANNING AND LAND MANAGEMENT) ACT 1988

AMENDMENTS OF THE NATIONAL CAPITAL PLAN

AMENDING SERIES NO 2

DECEMBER 1991


 

AMENDMENTS OF THE NATIONAL CAPITAL PLAN AMENDING SERIES NO 2

1.             Amendment to Foreword

Delete the seventh paragraph on page i and substitute:

But Australian society today, comprises a number of major cultural groups with widely varied origins and backgrounds. All these groups make important contributions to Australian society.

2.             Amendment to explanation of Special Requirements within Introduction

At page 13, delete the paragraph beginning “As an interim arrangement……” and substitute:

As an interim arrangement pending the introduction of Development Control Plans, the gazetted planning policies for the ACT, as varied by the NCPA or the Territory planning authority, together with any requirements, set out in the Plan, to be met by the Development Control Plans, are accepted as the current Development Control Plans.

3.             Amendment to Background notes for The Parliamentary Zone and its Setting

Delete the paragraphs on page 18 which begin with the words “Within the Parliamentary Zone…….” and “Within the Parliamentary Precincts…….” and substitute:

Within the Parliamentary Zone, the Authority’s statutory responsibility for the approval of works in Designated Areas does not affect section 5 of the Parliament Act 1974 which provides at sub-section (1) that no building or other work is to be erected on land within the Parliamentary Zone unless:

•            if the land is within the precincts as defined by subsection 3(1) of the Parliamentary Precincts Act 1988 - the President of the Senate and the Speaker of the House of Representatives jointly have; or

•            in any other case - the Minister has;

caused a proposal for the erection of a building or work to be laid before each House of the Parliament and the proposal has been approved by resolution of each House.

The combined effect of the Australian Capital Territory (Planning and Land Management) Act 1988, the Parliament Act 1974 and the Parliamentary Precincts Act 1988, is that within the Parliamentary Zone (which includes the Parliamentary Precincts), Works as defined by the Australian Capital Territory (Planning and Land Management) Act 1988 require approval by NCPA in addition to any Parliamentary approvals necessary under the other Acts.

Within the Parliamentary Precincts (generally within Capital Circle) the Presiding Officers (the President of the Senate and the Speaker of the House of Representatives) have responsibility for control and management. In the exercise of this responsibility, any actions falling within the definition of Works set out in the Australian Capital Territory (Planning and Land Management ACT) 1988 continue to require approval by NCPA.


 

4.             Amendment to Policy 1.2.3(e) - The range of uses permitted in Lake Burley Griffin and Foreshores

Insert the following uses in the schedule at page 21:

•           Park

•           Restricted Access Open Space

•           Tourist Facility (not including a service station)

5.             Amendments to Detailed Conditions of Planning Design and Development for the Central National Area

(i)             Delete condition (i)(b) at page 22 and substitute the following;

(i)(b)       development shall be guided by the Parliamentary Zone Development Plan January 1986 (Refer to indicative excerpt at Figure 29).

(ii)           Insert the following as condition (xvii) on page 23:

(xvii)       Any proposal to subdivide land within the Central National Area will require the approval of the Authority.

6.             Amendments to indicate proposed widening of Morshead Drive

(i)             Introduce the drawing, “Morshead Drive Widening”, as Appendix R to the Plan.

(ii)            Alter Figures 13 and 17 by showing Morshead Drive in accordance with the new Appendix R and by inserting the following notation beside the appropriate part of Morshead Drive:

For details of proposed widening of Morshead Drive refer to Appendix R

7.             Amendment to Figure 18

Insert the following notation where the Monaro Highway meets the map border:

          To NSW/ACT Border

8.             Amendments to 2.3 Special Requirements For Main Avenues

(i)             Delete the first sentence of both paragraphs under 2.3(iii) and respectively substitute the following:

•          building height controls to ensure that buildings are at least 3 storeys in height unless specifically shown otherwise in an agreed Development Control Plan.

•          building lines to be 10 metres unless specifically shown otherwise in an agreed Development Control Plan.

(ii)            Delete the first sentence of the second dot point paragraph under 2.3(iv) and substitute the following:

building lines to be 10 metres except within the City Division or unless specifically shown otherwise in an agreed Development Control Plan.


MORSHEAD DRIVE WIDENING                                                                                                                                                                                                                                           APPENDIX R

 


9.             Amendments to Background notes at 3.1 under Employment Location

(i)            Delete the three lines which introduce the fifth paragraph on page 29, beginning with the words “The 1984 Metropolitan Canberra Policy Plan….” and substitute the following:

The 1984 Metropolitan Canberra Policy Plan concluded that the latter option would confer a number of benefits. The National Capital Development Commission identified these benefits in a submission to the Joint Parliamentary Committee on the ACT dated May 1986. The benefits are paraphrased as follows:

(ii)           Delete the list line on page 29.

10.           Amendments to Special Requirements for Civic, including Braddon Sections 18 & 19, on pages 39 and 40

(i)            Under “(iii) Urban Design” on page 39:

•          Delete the introductory statement “Building height policies shall apply to Civic, as follows:” and substitute:

Building height policies shall apply to the City District east of Marcus Clarke Street, as follows:

•          Delete the words “other public areas” from the first dot point paragraph. Substitute:

other main public areas

and add to the paragraph:

(“Main public areas” are those areas which have been planned and developed as major recreation and formal urban spaces within the city centre and include Glebe Park and Veterans Park).

(ii)           Delete the introductory paragraph at page 39 beginning “For Braddon Sections 18 & 19….. and substitute the following:

For Braddon Sections 18 & 19 the requirements for a Development Control Plan have been met by a draft Variation (to the gazetted Civic Centre Canberra Policy Plan) commenced by the Authority under Division 4 of Part X of the Australian Capital Territory (Planning and Land Management) Act 1988, but not completed. Elements of the draft Variation incorporated as Special Requirements of this Plan are the following:

(iii)           Delete the “Building Height” requirements and accompanying “Note” and delete the “Note” appearing under “Building Setbacks”. Substitute these with the following to be inserted after “Building Setbacks”:

Building Height; Building Height shall not exceed 25 metres.

Note:      “Building Height” is the measured interval between ground level and the top of the building parapet, and excludes roof plant.


 

Northbourne Avenue Facade:

The full length of the building facade 10 metres from the Northbourne Avenue property boundary shall be constructed to a mandatory Building Height of 25 metres and shall equal the full width of the building, if development anywhere on the site exceeds 3 storeys in height.

(iv)          Under “Building Setbacks: From Side Boundaries” delete the requirements and substitute the following:

3 metres minimum for buildings up to 3 storeys in height and 5 metres minimum for buildings in excess of 3 storeys in height provided that for development applications submitted prior to approval of this Plan, the minimum shall be 3 metres.

(v)           Under “Landscaping” delete the word “circular” in the third line in relation to a permissible driveway.

The full statement of Special Requirements for Braddon Sections 18 & 19 incorporating the amendments set out above would be as follows:

For Braddon Sections 18 & 19 the requirements for a Development Control Plan have been met by a draft Variation (to the gazetted Civic Centre Canberra Policy Plan) commenced by the Authority under Division 4 of Part X of the Australian Capital Territory (Planning and Land Management) Act 1988, but not completed. Elements of the draft Variation incorporated as Special Requirements of this Plan are the following:

Site Coverage:

Where site amalgamation takes place a single building fronting Northbourne Avenue may not occupy more than two single locks existing at 1 January 1990.

Building Setbacks:

From Northbourne Avenue - 10 metres (mandatory)

 

from Cooyong, Elouera and Girrawheen Streets - 5 metres minimum for buildings in excess of 3 storeys in height

 

From Side Boundaries - 3 metres minimum for buildings up to 3 storeys in height and 5 metres minimum for buildings in excess of 3 storeys in height provided that for development applications submitted prior to approval of this Plan, the minimum shall be 3 metres.

 

Roof plant rooms are to be set back 5 metres from the external walls of the building.

Building Height:

Building Height shall not exceed 25 metres.

Note:

“Building Height” is the measured interval between ground level and the top of the building parapet, and excludes roof plant

 


 

Northbournea Avenue Facade:

 

 

The full length of the building facade 10 metres from the Northbourne Avenue property boundary shall be constructed to a mandatory Building Height of 25 metres and shall equal the full width of the building, if development anywhere on the site exceeds 3 storeys in height.

Landscaping:

With any redevelopment proposal, a 10 metre wide landscape zone is to be provided across the entire block frontage. This area is to be landscaped to a high standard. It may include a driveway and set-down area provided it can be demonstrated that a high quality landscape setting can be achieved. Hardstanding areas should be minimised to permit the development of extensive areas of undisturbed planting. Existing mature trees within the landscape zone are generally to be retained.

Vehicular Access:

Access to the main carparking areas is to be from Mort Street where feasible.

 

In redevelopment proposals provision should be made for service vehicles to enter and leave the site from Mort Street or other side streets rather than Northbourne Avenue.

Parking:

Parking in structures shall not be located within 20 metres of the front boundary and is to be screened from Northbourne Avenue.

 

Minor encroachment of basement parking into the front landscape zone may be considered where this would not detract from the quality of the landscape treatment and where the parking is located beneath the driveway or other paved area.

11.          Amendment to 8.5.4 Designated Area “The Inner Hills”

Delete the second paragraph on page 56 and substitute the following:

The Design and Siting Conditions at Appendix H apply as Detailed Conditions of Planning, Design and Development within the Inner Hills Designated Area. A further Condition is that any proposal to subdivide land within the Inner Hills Designated Area will require the approval of the Authority.

12.          Amendment to first paragraph on page 74

Delete “C” after the word “Appendix” and substitute “D”.

13.          Amendment to Figure 8 - Detailed Conditions of Planning Design and Development for Barton

Alter the Land Use from “Carpark” to “National Capital Use” in respect of the carpark shown on National Circuit within Section 22 Barton. The Land Use for the whole of Section 22 Barton would then be “National Capital Use”.


 

14.          Amendment to Appendix A - Definition of National Capital Use

Insert, in the definition of “National Capital Use” on page 10 of the Appendices, immediately following the words “national memorials”, the words:

“National Association Offices as herein defined,”

The amended definition would then read:

National Capital Use         The use of any land, building or structure for the purpose of a work of special status and national interest. This includes the National Library, the National Gallery, the High Court, the National Archives Headquarters, the Museum of Australia, the Australian War Memorial, the Prime Minister’s Residence, the Governor-General’s Residence, the Australian National University, Commonwealth Offices needing prestigious locations, national memorials, National Association Offices as herein defined, a hospitality house or a Commonwealth Government conference centre and the like.

15.          Amendments to Appendix L - Civic Centre Townscape Conditions

(i)            Delete the word “not” in paragraph 7.(a) under Building Height and substitute the word “only”.

(ii)           Delete the introductory statement under Building Height 7:

‘Building height policies shall apply in Civic as follows:”

and substitute:

Building Height policies shall apply in the City District as follows:

(iii)          Delete the first sentence under Colour of Materials 8:

“Buildings in Civic shall be of permanent construction and generally white to grey in colour.”

and substitute:

Buildings in the City District shall be of permanent construction and generally white to light buff/grey in colour.