Australian Capital Territory
Planning and Development (Technical Amendment—Macgregor West Precinct Code) Plan Variation 2009 (No 1)
Notifiable instrument NI2009—321
Technical Amendment No 2009-12
made under the
Planning and Development Act 2007, section 89 (Making technical amendments)

This plan variation commences on 10 July 2009.

Variation 2009-12 to the Territory Plan has been approved by the Planning and Land Authority.

Kelvin Walsh 
Delegate of the Planning and Land Authority

 06 July 2009 

ANNEXE A
FINAL PLAN VARIATION 2009-12

Planning & Development Act 2007

Technical Amendment 
to the Territory Plan

No. V2009-12

Proposed amendments to the 
Macgregor West Precinct Code 

July 2009

Table of Contents

1.	INTRODUCTION
Outline of the process
2.	EXPLANATORY STATEMENT
Proposed Changes and Reasons
3.	TECHNICAL AMENDMENT
Variation to the Macgregor West Precinct Code

1.	
INTRODUCTION	
Outline of the process
The Commonwealth’s Australian Capital Territory (Planning and Land Management) Act 1988 allows for the Legislative Assembly to make laws to establish a Territory Planning Authority and for that Authority to prepare and administer a Territory Plan.  The Planning and Land Act 2007 establishes the ACT Planning and Land Authority as the Authority which prepares and administers the Territory Plan, including continually reviewing and proposing amendments as necessary.

Technical Amendment to the Territory Plan No 2009-12 is prepared in accordance with two separate sections of the Planning and Development Act 2007.  Under section 95(1), a rezoning within a future urban area is a technical amendment that is consistent with the principles and policies in the structure plan for the area. Under section 87(b), a code variation is a technical amendment that would only change a code, and is consistent with the policy purpose and policy framework of the code, and is not an error variation. Only limited consultation is needed for technical amendments made under section 95 and section 87(b). 

2.	EXPLANATORY STATEMENT
	Proposed Changes and Reasons
A.	Change maximum dwelling numbers and remove housing mix in the Macgregor West Precinct Code

The maximum dwelling number has been increased for the estate principally in response to the Government’s Affordable Housing Action Plan. The Plan improves housing affordability through a number of initiatives including increasing the supply of land to the market for new housing and providing more affordable house and land packages.   

B.	Remove table for block size and dwelling mix in the Macgregor West Precinct Code

The Housing mix within the estate is a matter for the developer of the land following the sale of the estate by the Government and is therefore not required.  The mix is generally influenced by market forces and in the case of Macgregor West by the Government’s Affordable Housing Action Plan.  

3.	TECHNICAL AMENDMENT
Variation to the Macgregor West Precinct Code
1	Section 5.9 	Dwelling Numbers and Housing Mix
Substitute for the current section (including the heading and table 1) titled ‘5.9 Dwelling Numbers and Housing Mix’:
5.9 	Dwelling Numbers 

An indicative subdivision plan for Macgregor West is located at Figure 3.  The estate will contain a maximum of 1300 dwellings.

The 1992 Environmental Impact Assessment (EIS) associated with the Variation to the Territory Plan identified that the estate was to accommodate up to 850 dwellings.  It was determined through the concept planning process that the additional 150 dwellings (i.e. 1000 dwellings for the estate) would not cause a significant change in the scale, size or purpose that was assessed as part of the EIS, consistent with Appendix II.1 of the Territory Plan.

At the time of the preparation of the concept plan, a trip generation (vehicle movements) rate of 9 trips per dwelling was applied.  This rate was slightly higher than the standard trip generation rate of 8 trips per day for single dwellings and 6 trips per day for medium density dwellings.

Utilising the standard trip generation rates, an additional 300 dwellings is also considered not to significantly change the existing situation relating to the development of Macgregor West.   

Interpretation service