Australian Capital Territory
Planning and Development (Technical Amendment—Residential Zones Development Codes and Other Codes) Plan Variation 2009 (No 1)
Notifiable instrument NI2009- 487
Technical Amendment Number 2009-25
made under the
Planning and Development Act 2007, section 89 (Making technical amendments)

This plan variation commences on 2 October 2009.

Variation 2009-25 to the Territory Plan has been approved by the Planning and Land Authority.

Kelvin Walsh 
Delegate of the Planning and Land Authority

30 September 2009

ANNEXE A
FINAL PLAN VARIATION 2009-25

Planning & Development Act 2007

Technical Amendment
to the Territory Plan

Code Variation 
2009-25

Changes to 
Residential Zones Development Codes and 
Other Codes 

October 2009

Table of Contents
1.	INTRODUCTION
Outline of the process
2.	EXPLANATORY STATEMENT
Proposed Changes and Reasons
3.	TECHNICAL AMENDMENT

1.	
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 Development Act 2007 (the Act) 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 amendments to the Territory Plan are prepared in accordance with the Act.  
A code variation is a technical amendment that
(i)	would only change a code; and
(ii)	is consistent with the policy purpose and policy framework of the code; and 
(iii)	is not an error variation.
Following the release of the code variation under section 90 of the Act, submissions from the public are invited. At the conclusion of the limited consultation period, any representations are considered by the ACT Planning and Land Authority (the Authority). The Authority then determines a day when the code variation is to commence by way of a commencement notice.  

2.	
EXPLANATORY STATEMENT
Proposed Changes and Reasons
A.	Dual Occupancy Subdivision – Amendments to Residential Zones Housing Development Codes (items 2-5, 7-8 and 14)
Amendments to the Unit Titles Amendment Act 2008 relevant to dual occupancy subdivision will commence on 10 September 2009. To date, all dual occupancies have been subdivided using the Unit Titles Act 2001, however this will not be possible for developments that are built side by side or one behind the other after the amendments take effect. Although subdivision of dual occupancy developments under the Planning and Development Act 2007 is not prohibited, there are no specific controls in the Territory Plan against which development applications involving subdivision of dual occupancies can be assessed. On this basis it is proposed to include new controls for the subdivision of dual occupancy developments into the multi unit housing development code and amend some parts of the single dwelling housing development code to facilitate the assessment of such development applications after 10 September 2009. 

B.	Amendment to CZ5 Mixed Use Zone Development Code provisions for Kingston (item 28)
This item was REMOVED from this technical amendment after public consultation for further consideration at a later date.

C.	Water Sensitive Urban Design provisions (items 6, 9, 10, 17, 19, 21, 23, 25, 27, 30, 32-34, 37-39, 41-46 and 50)
The existing water sensitive urban design provisions are requirements that are triggered for most development applications. Feedback from within ACTPLA and from developers has highlighted that the provisions are sometimes triggered inappropriately and are not achieving the original intent. It is proposed to introduce site area thresholds to form the basis for the relevant criteria to determine the use of the provisions and the inclusion of acceptable solutions to improve the clarity of the provisions for development assessment purposes. The provisions are more user-friendly and will continue to deliver a reduction in water use, as well as delivering water quality and water quantity outcomes. 

 D.	Adaptable Housing provisions in the Multi Unit Housing Development Code (items 11-13)
A number of rules for adaptable housing provisions in the multi unit housing development code in the Territory Plan are proposed to be amended to ensure the provisions are consistent throughout the code. Currently the intent of the provisions is the same but the wording differs between the provisions.

E. 	Removal of restrictions on block sizes in the Residential Subdivision Development Code (item 51)
Criterion C120c) relating to blocks sizes from 200‑600m2 is required to be removed because is does not relate to compact, midsized and standard block sizes as contained within the Territory Plan (technical amendment number 2009-24 which is also currently on public consultation will define midsized block sizes as >250‑500m2). This criterion has the unintended consequence of constraining block sizes to a maximum of 600m2 or a minimum of 200m2 and on this basis it is proposed to be removed.

F. 	Amendment to Single Dwelling Housing Development code provision for subdivision (item 1)
Where an estate developer has an approved estate development plan but still owns all of the blocks subject to a subdivision, rule R1 of the single dwelling housing development code would prevent subdivision or consolidation changes to standard blocks within that estate. This is not intended and an assessment of a revised subdivision pattern should be able to be made against the other relevant provisions of the Territory Plan. A note will be added to preclude the application of this rule in such circumstances.

G. 	Amendment to Recreation Facilities Location Guidelines General Code references (items 15, 16, 18, 20, 22, 24, 26, 29, 31, 35-36, 40 and 47)
The community facility zone development code is the only code that references the community and recreation facilities location guidelines general code. However community and recreation facilities can also be located in other zones. The requirements of the general code are currently not invoked in other zones. References to this code will be added to relevant development codes.  Item 40 was REMOVED following public consultation as an appropriate reference was already contained in the parks and recreation zones development code. 

H. 	Amendment to Northbourne Avenue Precinct Code height requirements and insert site specific changes (items 48-49)
Changes to the wording of height provisions for the Northbourne Avenue precinct code rule to improve clarity and reduce the possibility of different interpretations.  Introduce specific side and rear setback requirements for Lyneham section 50 block 24 to enable a better development outcome. Changes are considered warranted due to the unusual pattern of land division in this area. These changes are in line with the original intent to protect the solar access of adjacent development and achieve separation of uses between those possible on Northbourne Avenue and in adjoining residential areas.

3.	TECHNICAL AMENDMENT

Variation to the Residential Zones Single Dwelling Housing Development Code

1.	At Part A(1) Element 1, Item 1.1 – Subdivision or Consolidation of Blocks (Including Unit Title Subdivision)

Insert Note 5: under Note 4 of R1 as follows:

Note 5:  This rule does not apply in new estates where all blocks which are the subject of the subdivision or consolidation are still owned by the estate developer.

2.	At Part A(1) Element 2, Item 2.3 – Plot Ratio

Substitute R4 with:

The site density for single dwelling housing on a standard block does not exceed a plot ratio of 50%.

The site density for single dwelling housing on a block created as a result of the subdivision of a dual occupancy housing development does not exceed the plot ratio as defined by Rules R8 and R9 of the Multi Unit Housing Development Code as if the original standard block were not being subdivided.

3.	At Part A(2) Element 2, Item 2.3 – Plot Ratio on Standard Blocks

Substitute Item 2.3 – Plot Ratio on Standard blocks with:

2.3    Plot Ratio	
R6A
The site density for single dwelling housing on a block (or a block resulting from the consolidation of these blocks), does not exceed a plot ratio of 50%.

The site density for single dwelling housing on a block created as a result of the subdivision of a dual occupancy housing development does not exceed the plot ratio as defined by Rules R15 and R16 of the Multi Unit Housing Development Code as if the original standard block were not being subdivided.	
This is a mandatory requirement.  There is no applicable criterion.	

4.	At Part B Element 1, Item 1.1 – Subdivision of Existing Residential Leases

Substitute R14 a) with the following:

Subdivision of an existing residential lease is only permitted where:

i)   all proposed dwellings on the land have been lawfully constructed, or
ii)  it is part of an integrated housing development and it is demonstrated that any building on a consequent lease is or can be designed in accordance with the relevant sections of this code.

5.	At Part B Element 1, Item 1.1 – Subdivision of Existing Residential Leases 

Insert Note 3: under R14 as follows:

Note 3:  See also Rule R247A of the Multi Unit Housing Development Code in relation to subdivision of a dual occupancy block. 

6. 	At Part C(1), Element 6, Item 6.1 Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R51
For all new dwellings (including in established areas), as well as extensions and alterations that increase the roof plan area by more than 50%, then water storage of the following capacity are provided on-site for each dwelling:
a)	<300m2 block
i)	No minimum water storage requirement
ii)	minimum  rated plumbing fixtures
b)	small block: 300 – 499m2
i)	minimum storage: 2,000 litres
ii)	50% or 75m2  of roof plan area, whichever is the lesser, is connected to the tank and the tank is connected to at least the toilet, laundry cold water and all external taps
c)	medium block: 500-800m2 
i)	minimum storage: 4000 litres
ii)	50% or 100m2  of roof plan area, whichever is the lesser, is connected to the tank and the tank is connected to at least the toilet, laundry cold water and all external taps
d)	large block: >800m2
i)	minimum storage: 5,000 litres
ii)	50% or 125m2  of roof plan area, whichever is the lesser, is connected to the tank and the tank is connected to at least the toilet, laundry cold water and all external taps, or
b)	Rule 52 applies.	C51
For all new dwellings (including in established areas), as well as extensions and alterations that increase the roof plan area by more than 50%, evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003, using the ACTPLA on-line assessment tool or another tool. The 40% target is met without any reliance on landscaping measures to reduce consumption.	
R52
If Rule 51 is not met for all new dwellings (including in established areas), as well as extensions and alterations that increase the roof plan area by more than 50%, a greywater system captures all bathroom and laundry greywater and treats it to Class A standard. The treated greywater is connected to all laundry cold water, toilet flushing and all external taps.	C52
For all new dwellings (including in established areas), as well as extensions and alterations that increase the roof plan area by more than 50%, evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003, using the ACTPLA on-line assessment tool or another tool. The 40% target is met without any reliance on landscaping measures to reduce consumption.

Variation to the Residential Zones Multi Unit Housing Development Code

7.	At Part B Element 1, Item 1.1 – Subdivision or Consolidation of Existing Residential Leases 				

Substitute R28 a) with the following:

Subdivision or consolidation of an existing residential lease is only permitted where:
i)   	all the proposed dwellings on the land have been lawfully constructed, or
ii)  	it is part of an integrated housing development and it is demonstrated that any building on a consequent lease is or can be designed in accordance with the relevant sections of this code.

8.	At Part B Element 1, Item 1.1 – Subdivision or Consolidation of Existing Residential Leases 				

Insert Note 3: under R28 as follows:

Note 3:  See also Rule R247A of the Multi Unit Housing Development Code in relation to subdivision of a dual occupancy block. 

9. 	At Part B, Element 6, Item 6.7 Water Sensitive Urban Design – Mains Water Consumption

Substitute Item 6.7 with the following:

6.7	Water Sensitive Urban Design – Mains Water Consumption
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R46
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C46
This is a mandatory requirement. There is no applicable criterion.	

10. 	At Part B, Element 6, Item 6.8 Water Sensitive Urban Design – Stormwater Quality and Quantity

Substitute Item 6.8 with the following:

6.8	Water Sensitive Urban Design – Stormwater Quality and Quantity
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R47
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks connected to at least the toilet and all external taps may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C47
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R48
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C48
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R49
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.
	C49
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment.
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre‑development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.
For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

11. 	At Part C(1) Element 3, Item 3.4 – Accessibility (mobility)

Substitute R70 with the following:

10% of the dwellings of any multi unit housing development consisting of 10 or more dwellings are designed to meet the relevant Australian Standard for Adaptable Housing and any relevant considerations in the Access and Mobility General Code.

12. 	At Part C(3) Element 3, Item 3.4 – Accessibility (mobility)

Substitute R129 with the following:

10% of the dwellings of any multi unit housing development consisting of 10 or more dwellings are designed to meet the relevant Australian Standard for Adaptable Housing and any relevant considerations in the Access and Mobility General Code.

13. 	At Part C(5) Element 3, Item 3.1 – Accommodation Diversity

Substitute R205 with the following:

10% of the dwellings of any multi unit housing development consisting of 10 or more dwellings are designed to meet the relevant Australian Standard for Adaptable Housing and any relevant considerations in the Access and Mobility General Code.

14.	Add new Part C(6) – Subdivision of dual occupancy housing development

Insert after Figure C6 of Part C(5)- Multi Unit Housing – Other Areas – RZ4 and RZ5 Zones and all Areas in the Commercial Zones the following: 

Part C(6) – Subdivision of dual occupancy housing development 	
This part applies to development applications that include subdivision of dual occupancy housing where such subdivision is permitted by this Code.  All other relevant parts of this Code also apply.
Element 1:	Restriction on Use
Intent:
a)	To ensure that the subdivision of dual occupancy housing development creates blocks that can appropriately accommodate that form of development and minimise any adverse impacts on the streetscape and adjoining blocks.

Rules	Criteria	
1.1	Subdivision of a standard block into two blocks	
R247A
Subdivision of a lease of a standard block to provide for two separate leases each containing a dwelling may only be permitted where: 
a)	both dwellings are already lawfully constructed; and 
b)	new boundaries created as a result of the subdivision are located such that the buildings comply with the relevant setback and building envelope provisions of the Single Dwelling Housing Development Code with respect to those boundaries; and
c)       each block is provided with separate utility services.

Blocks created as a result of a subdivision of a lease for a standard block shall not be further subdivided.	C247A
This is a mandatory requirement.  There is no applicable criterion.	
1.2	Requirements for access and utility easements	
R247B
a)	For developments involving shared access ways, the leases for the blocks created as a consequence of the subdivision specify the location of any necessary easements for access. 
b)       For developments involving utility services crossing adjoining leases (including electricity, gas, telecommunications, stormwater, sewer and water supply), the leases for the blocks created as a consequence of the subdivision specify the location and width of any necessary utility service easements. 	C247B
This is a mandatory requirement.  There is no applicable criterion.	
1.3	Restrictions on irregular shaped blocks	
R247C
Blocks created as a result of the subdivision of a lease of a standard block are rectangular or battleaxe in shape.	C247C
New block boundaries created as a result of the subdivision of a lease of a standard block are as regular shape as possible without multiple corners or bends.

15. 	At Part D Element 1 Restrictions on Use

Insert after Item 1.12 as follows:

1.13 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C268
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

Variation to the Commercial Zones City Centre Precinct Code 

16. 	At Part B Element 3 Built Form

Insert after Item 3.5 as follows:

3.6 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C68A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

17. 	At Part B, Element 6, Item 6.1 Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R83
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C83
This is a mandatory requirement. There is no applicable criterion.	
R84
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C84
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R85
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C85
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R86
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-20 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5,000m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C86
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-20 year storm event.

For estate and multiple block developments larger than 5,000m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

Variation to the Commercial Zones Town Centres Precinct Code

18. 	At Part B Element 3 Built Form

Insert after Item 3.4 as follows:

3.5 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C68A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

19. 	At Part B, Element 6, Item 6.1 Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R83
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C83
This is a mandatory requirement. There is no applicable criterion.	
R84
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C84
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R85
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C85
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R86
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-20 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks..	C86
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-20 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks..	

Variation to the Commercial Zones Group Centres Precinct Code 

20. 	At Part B Element 3 Built Form

Insert after Item 3.4 as follows:

3.5 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C68A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.	

21. 	At Part B, Element 6, Item 6.1 Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R57
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C57
This is a mandatory requirement. There is no applicable criterion.	
R58
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C58
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R60
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C60
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

Variation to the Commercial Zones Local Centres Precinct Code 

22. 	At Part A Element 3 Built Form

Insert after Item 3.4 as follows:

3.5 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C18A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

23. 	At Part A, Element 6, Item 6.1 Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R34
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C34
This is a mandatory requirement. There is no applicable criterion.	
R35
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C35
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R37
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C37
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

Variation to the Commercial Zones CZ2 Office Areas Outside Centres Precinct Code

24. 	At Part A Element 3 Built Form

Insert after Item 3.4 as follows:

3.5 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C12A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

25.	At Part A, Element 6, Item 6.1 - Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R27
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C27
This is a mandatory requirement. There is no applicable criterion.	
R28
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C28
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R29
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C29
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R30
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C30
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

Variation to the Commercial Zones CZ5 Mixed Use Zone Development Code

26. 	At Part A Element 3 Built Form

Insert after Item 3.4 as follows:

3.5 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C12A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

27. 	At Part A, Element 6, Item 6.1 Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R27
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C27
This is a mandatory requirement. There is no applicable criterion.	
R28
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C28
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	

R29
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C29
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R30
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C30
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

28. 	This item was REMOVED following public consultation

Variation to the Commercial Zones CZ6 Leisure and Accommodation Zone Development Code

29. 	At Part A Element 3 Built Form

Insert after Item 3.4 as follows:

3.5 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C14A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

30. 	At Part A, Element 6, Item 6.1 Water Sensitive Urban Design

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R29
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C29
This is a mandatory requirement. There is no applicable criterion.	
R30
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C30
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	

R31
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C31
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R32
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C32
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

Variation to the Industrial Zones Development Code

31. 	At Part B Element 3 Built Form

Insert after Item 3.5 as follows:

3.6 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C23A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

32. 	At Part B, Element 6, Item 6.1 Water Sensitive Urban Design – Mains Water Consumption

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design – Mains Water Consumption
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R38
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C38
This is a mandatory requirement. There is no applicable criterion.	

33. 	At Part B, Element 6, Item 6.2 Water Sensitive Urban Design – Stormwater Quality

Substitute Item 6.2 with the following:

Rules	Criteria	
6.2	Water Sensitive Urban Design – Stormwater Quality 
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R39
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C39
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R40
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C40
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	

34. 	At Part B, Element 6, Item 6.3 Water Sensitive Urban Design – Stormwater Quantity

Substitute Item 6.3 with the following:

Rules	Criteria	
6.3	Water Sensitive Urban Design – Stormwater Quantity
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R41
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C41
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

Variation to the Community Facility Zone Development Code

35. 	At Part A Element 1 Restrictions on Use

Omit Item 1.6 Location Requirements

36. 	At Part A Element 3 Built Form

Insert after Item 3.4 as follows:

3.5 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C18A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

37. 	At Part A, Element 6, Item 6.1 Water Sensitive Urban Design – Mains Water Consumption

Substitute Item 6.1 with the following:

Rules	Criteria	
6.1	Water Sensitive Urban Design – Mains Water Consumption
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R28
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C28
This is a mandatory requirement. There is no applicable criterion.	

38. 	At Part A, Element 6, Item 6.2 Water Sensitive Urban Design – Stormwater Quality

Substitute Item 6.2 with the following:

Rules	Criteria	
6.2	Water Sensitive Urban Design – Stormwater Quality 
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R29
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C29
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R30
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C30
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	

39. 	At Part A, Element 6, Item 6.3 Water Sensitive Urban Design – Stormwater Quantity

Substitute Item 6.3 with the following:

Rules	Criteria	
6.3	Water Sensitive Urban Design – Stormwater Quantity
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R31
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

	C31
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.	

Variation to the Parks and Recreation Zones Development Code

40. 	This item was REMOVED following public consultation 

41. 	At Part B, Element 6, Item 6.2 Water Sensitive Urban Design – Mains Water Consumption

Substitute Item 6.2 with the following:

Rules	Criteria	
6.2	Water Sensitive Urban Design – Mains Water Consumption
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R32
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C32
This is a mandatory requirement. There is no applicable criterion.	

42. 	At Part B, Element 6, Item 6.3 Water Sensitive Urban Design- Stormwater Quality

Substitute Item 6.3 with the following:

Rules	Criteria	
6.3	Water Sensitive Urban Design – Stormwater Quality
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R33
All sites of size greater than 2,000m2 need to provide evidence of stormwater storage greater than or equal to the volume of 1.4kL per 100m2 of impervious area and release over a period of 1 to 3 days. 50% of the volume of rainwater tanks with a toilet connection may be regarded as contributing towards this requirement.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C33
Evidence is provided that demonstrates that for all sites of size greater than 2,000m2, a reduction of 1-in-3 month stormwater peak run off flow to pre-development levels with release of captured flow over a period of 1 to 3 days can be achieved.

This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	
R34
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.
	C34
Sites of size greater than 5,000m2 need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	

43. 	At Part B, Element 6, Item 6.4 Water Sensitive Urban Design– Stormwater Quantity

Substitute Item 6.4 with the following:

Rules	Criteria	
6.4	Water Sensitive Urban Design – Stormwater Quantity
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R35
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale rather than by measures on individual blocks.	C35
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.

For estate and multiple block developments larger than 5000 m2, retardation of stormwater to meet the above requirements are to be met at the estate scale unless it can be demonstrated that this is less feasible than measures on individual blocks.	

Variation to the Transport and Services Zone Development Code

44. 	At Part B, Element 6, Item 6.2 Water Sensitive Urban Design– Mains Water Consumption

Substitute Item 6.2 with the following:

Rules	Criteria	
6.2	Water Sensitive Urban Design – Mains Water Consumption
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design 	
R23
Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code.  The 40% target is met without any reliance on landscaping measures to reduce consumption. 
This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.	C23
This is a mandatory requirement. There is no applicable criterion.	

45. 	At Part B, Element 6, Item 6.3 Water Sensitive Urban Design – Stormwater Quality

Omit R24 and

Substitute Item 6.3 with the following:

Rules	Criteria	
6.3	Water Sensitive Urban Design – Stormwater Quality
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R25
Sites of size greater than 5,000m2  or roads longer than 1 km need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	total phosphorous by 45%
c)	total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using the MUSIC model to demonstrate compliance.
This requirement can be met by associated stormwater works in the same catchment. This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area or to road modifications where the increase in pavement areas is less than 50% of the existing area.	C25
Sites of size greater than 5,000m2 or roads longer than 1 km need to provide evidence showing a reduction in average annual stormwater pollutant export load of:
a)	suspended solids by 60%
b)	 total phosphorous by 45%
c)	 total nitrogen by 40%
compared to an urban catchment with no water quality management controls, using any other method.
This requirement can be met by associated stormwater works in the same catchment. This requirement does not apply for extensions with an increase in the combined roof plan area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area or to road modifications where the increase in pavement areas is less than 50% of the existing area.	

46. 	At Part B, Element 6, Item 6.4 Water Sensitive Urban Design– Stormwater Quantity

Substitute Item 6.4 with the following:

Rules	Criteria	
6.4	Water Sensitive Urban Design – Stormwater Quantity
Note: Refer to the Water Ways: Water Sensitive Urban Design General Code for more information on Water Sensitive Urban Design	
R26
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing pipe (minor) stormwater connection to the site is not exceeded in the 1-in-10 year storm event. 
All sites of size greater than 2,000m2 and subject to redevelopment need to ensure that the capacity of the existing overland (major) stormwater system to the site is not exceeded in the 1-in-100 year storm event. 

	C26
Evidence is provided by a suitably qualified person that shows that for all sites of size greater than 2,000m2 and subject to redevelopment
EITHER
a reduction of 1-in-5 year and 1-in-100 year stormwater peak run off flow to pre-development levels. See WaterWays General Code for more detail.
OR
That the capacity of the downstream piped stormwater system to its outlet with an open channel is not exceeded in the 1-in-10 year storm event.	

Variation to the Non-Urban Zones Development Code

47. 	At Part B Element 3 Built Form

Insert after Item 3.3 as follows:

3.4 Location Requirements for Community and Recreation Facilities	

There is no applicable rule.	C25A
The development meets the requirements of the Community and Recreation Facilities Location Guidelines General Code.

Variation to the Northbourne Avenue Precinct Code

48. 	At Part A, Element 2, Item 2.1 Height

Substitute R21 with the following. 

R21
For new buildings:

a)        the minimum height is three storeys

b)        the maximum height of the building parapet is a horizontal plane 25m above natural 
           ground level measured at the Northbourne Avenue building frontage. 

The maximum height excludes rooftop plant where they are set back and screened.

49. 	At Part A, Element 2, Item 2.4 Setbacks – Side and Rear Boundary

Insert after R26 c) the following. 

d)        For Lyneham section 50 block 24:

            i)     the minimum setback to the western boundary is 3m. 

            ii)    the minimum setback to the northern boundary is 4m. 

50. 	At Part B, Element 6, Item 6.1 Water Sensitive Urban Design

Omit Item 6.1. 

Variation to the Residential Subdivision Development Code

51.   At Part B(2), Element 2, Item 2.1 Traffic Impacts and Residential Amenity

Omit  C120 c). 

Insert a full stop after the end of C120b). 

Substitute a full stop in place of the question mark after the end of C120a).

Interpretation service