Australian Capital Territory

Planning and Development (Technical Plan Variation—Error Variation) Notice 2008 (No 2)*
Notifiable instrument NI2008—541

Technical Variation No 2008-09
made under the
Planning and Development Act 2007, section 89 (Making technical amendments) 

This instrument (and the plan variation in it) commences on the day after it is notified.

Variation No 2008–09 to the Territory Plan has been approved by the Planning and Land Authority

The variation specifies miscellaneous corrections to the Territory Plan as detailed in Annexure A.

Jacqui Lavis
Delegate of the Planning and Land Authority
17 November 2008 

ANNEXE A 
FINAL ERROR VARIATION

Planning & Development Act 2007

Technical Amendment 
to the Territory Plan

No. 2008-09 

Miscellaneous Error Variation No. 2

November 2008

Contents
1.	INTRODUCTION
1.1	Outline of the process
2.	EXPLANATORY STATEMENT
2.1	Background
2.3	Proposed Changes and Reasons
3.	ERROR VARIATION
Variations to the Single Dwelling Housing Development Code
Variations to the Multi unit Housing Development Code
Variation to the Inner North Precinct Code
Variation to the Town Centres Precinct Code
Variations to the Group Centres Precinct Code
Variation to the Local Centres Precinct Code
Variation to CZ2 Office Areas Outside Centres Precinct Code
Variation to the CZ5 – Mixed Use Zone Development Code
Variation to the CZ6 – Leisure and Accommodation Zone Development Code
Variation to the Community Facility Zone Development Code
Variation to the NUZ1 – Broadacre Zone Development Table
Variation to the NUZ3 – Hills, Ridges and Buffer Zone  Development Table
Variation to the NUZ4 – River Corridor Zone Development Table
Variation to the NUZ5 – Mountains and Bushland Zone Development Table
Variation to the Parking and Vehicular Access General Code
Variation to the Access and Mobility General Code
Variation to the Crime Prevention through Environmental Design General Code
Variations to Overlays
Variations to Definitions
Variations to Future Urban Areas Residential Subdivision Code
Variation to Water Sensitive Urban Design or Water Sensitive Urban Design – Mains Water Consumption in various Zones
Variation to Prohibited Development Tables in all zones
Update of relevant Contents Pages

1.	INTRODUCTION
1.1	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 P & D 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.  Part 5.4 section 87 of the P & D Act allows for technical amendments to be made to the Territory Plan in a number of circumstances.  

This technical amendment is an error variation and is subject to approval of the ACT Planning and Land Authority (the Authority) under section 87a of the P & D Act.  Error variations are not subject to the limited consultation requirements under section 90 of the P & D Act.  The Authority needs to be satisfied that the error variation would, if made be a technical amendment and fix a date when the plan variation is to commence.  On approval, the variation will commence in accordance with the commencement notice in the Legislation Register and will be notified in a daily news paper.   The Territory Plan will be updated to reflect the changes that are approved in the error variation.

2.	EXPLANATORY STATEMENT
2.1	Background

Under section 87a of the P & D Act, an error variation is defined as a variation that:
(i)	would not adversely affect anyone’s rights if approved; and
(ii)	has as its only object the correction of a formal error in the plan.  

A formal error is defined in the P & D Act as:
	a)	a clerical error; or
b)	an error arising from an accidental slip or omission; or
c)	a defect of form. 

2.3	Proposed Changes and Reasons

A.	Change in numbering - Single Dwelling Housing Development Code 

At Part B, Element 7 – Services, correct title for Item 7.3 Utilities to 7.2 Utilities.  The change of numbering was omitted from Code Variation V2008-02 (NI2008-289). 

B.	Front Street Setback- Single Dwelling Housing Development Code

At Part C (1), Element 2, Item 2.1, Table 1 Front Street Setback change < to ≤ to avoid confusion.  

C.	Side Setback - Single Dwelling Housing Development Code

At Part C (1), Element 2, Item 2.2, Table 3 Side Setbacks for Lower Floor Level, change the block size ranges as follows:
•	Block >250 - ≤500m2 and
•	change  ≥ 500m2 to >500m2 to avoid confusion and clarify the range in block sizes.  

D.	Built Form – Interface – Correct reference to Rule and Criteria - Single Dwelling Housing Development Code 

At Part C (1), Element 3, Item 3.2 Interface, replace R36 d) to correct typographical error in referencing – ‘it is a courtyard wall that meets the requirements of R37/C37’.

E.	Parking and Site Access - Correction of typographical error –Single Dwelling Housing Development Code
	At Part C (3), Element 4, Intent b) substitute the word ‘sage’ with ‘safe’.

F.	Change in reference to Plumbing Fixtures - Single Dwelling Housing Development Code 

At Part C (3), Element 6, Item 6.1 change reference to AAA plumbing fixtures to .  

G.	Blocks in subdivision approved before and after 18 October 1993 
	Multi-unit Dwelling Housing Development Code 

At Part C Tables 1 and 2 – reword the titles of the tables as Blocks in subdivision approved before or after the Territory Plan originally came into effect.

This change was made in Error Variation 2008-05 to the Single Dwelling Housing Development Code but was not changed in the titles of Tables 1 and 2 of the Multi-Unit Housing Development Code.  Changes to wording removes the inconsistency between the terms ‘land originally developed’ and ‘blocks approved’ as well as clarifying the date a block was approved. 

H.	Front Street Setback for Corner Blocks 
	Multi-unit Dwelling Housing Development Code

	At Part C (1), Element 2, Item 2.1, Table 1 Front Street Setback corner blocks change < to ≤ to avoid confusion.  

	At Part C (1), Element 2, Item 2.1, Table 1 Front Street Setback corner blocks change ≥ to > for consistency.    

I.	Correction to reference - Multi-unit Dwelling Housing Development Code 

At Part C(1) Element 4, Item 4.1 C72 - Typographical error in criteria, reference to R70 to be changed to R72.

J.	Correction to reference – Multi-unit Dwelling Housing Development Code

At Part C(2) Element 2, Items 2.2 – Wrong references in the title to be changed to read 2.2 Front Street Setback (Replaces R54/C54).

At Part C(2) Element 2, Items 2.3 – Wrong references in the title to be changed to read 2.3 Side and Rear Setbacks (Replaces R55/C55 and R56/C56).

K.	Reference to Building Code in Adaptable Housing 
	Multi-unit Dwelling Housing Development Code
 
At Part C (3) – Inner North Canberra and Gungahlin District – RZ3 and RZ4 Zones.  Element 3, Item 3.4 R129, delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

L.	Title change - Inner North Precinct Code 
	
The title for the Item 2.5 Building Envelope is not appropriate for the contents in the Criteria, therefore the title is proposed to be changed to ‘Building Siting’.

M.	Reference to Building Code in Adaptable Housing
Town Centres Precinct Code

At part B, element 1, Item 1.3, R61, delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

N.	Typographical error in Zone reference – Group Centres Precinct Code

	At Part A(2) – Group Centres – CZ2 Business Zone- Item 1.2 Shops b) reference to C1 Zone to be changed to CZ1 Zone.
O.	Error in translation from old Territory Plan - Group Centres Precinct Code 

	An error was made in translation from the old Territory Plan in the reference to block details in Kingston.  At Part A (2), Element 1.2 Shops should have another dot point under R12: c) 300m2 per shop on Blocks 21, 25-33 Section 22 Kingston.  This also should be cross referenced with R15.

	The reference to block numbers should also be corrected in R15.

P.	Reference to Building Code in Adaptable Housing
Group Centres Precinct Code

At Part B, Element 1, Item 1.3, R34, delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

Q.	Reference to Building Code in Adaptable Housing
Local Centres Precinct Code

At Part A, Element 1, Item 1.3, R5, delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

R.	Reference to Building Code in Adaptable Housing
CZ2 Office Areas Outside Centres Precinct Code

At Part A, Element 1, Item 1.2, R4, delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

S.	Clarification to wording in site specific control  - CZ2 Office Areas Outside Centres Precinct Code

	At Part B Element 1, Item 1.1 R53, to clarify the intended meaning of the Rule in relation to lease variations, the wording has been changed. 

T.	Reference to Building Code in Adaptable Housing
	CZ5 Mixed Use Zone Development Code

At Part A, Element 1, Item 1.2, R4, delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

U.	Typographical Error - Leisure and Accommodation Zone Development Code (CZ6)

At Part A, Element 1 R2 typographical error made in the word ‘or’ within the parenthesis.  It should read ‘for’. 

V.	Reference to Building Code in Adaptable Housing – Leisure and Accommodation Zone Development Code 

At Part A, Element 1, Item 1.2, R5, delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

W.	Reference to Building Code in Adaptable Housing - Community Facility Zone Development Code 

At Part A Element 1 R3 c), delete reference to Building Code as it is not relevant in relation to Adaptable Housing and change wording to be consistent with other parts of the Territory Plan.

X.	Typographical error in Block identifier Non-Urban Zone NUZ1 – Broadacre Zone Development Table 

Development Table in NUZ1 for additional developments has wrong block identifier for Mugga Lane Landfill site in Jerrabomberra.  The correct Block identifier for the Mugga Lane Landfill site is Block 2114.

Y.	Correction of unintended error in the Prohibited Development Table 
	Non-Urban NUZ3 – Hills, Ridges and Buffer Zone Development Table, 
	Non-Urban NUZ4 – River Corridor Zone Development Table, 
	Non-Urban NUZ5 – Mountains and Bushlands Zone Development Table   
 
	Delete Subdivision from the Prohibited Development Tables of the above zones. Subdivision is an assessable development under the merit assessable Development Table.  
 
Z.	Typographical Error – Parking and Vehicular Access General Code

	At Schedule 2 Parking Provision Rates for Commercial Zones – Office Developments in Town Centres the reference to C3 Zone should be replaced with CZ3 Zone.

A1.	Error in translation from the Guidelines for Access and Mobility 

	Introduction – Application of the Code - An error has been made in translating the application of the Guidelines into the Access and Mobility General Code.  The Code also applies to major alterations or extensions to existing buildings that affect more than 50% of the volume of the whole building.  This error has been rectified in the introductory sentence.  

A2.	Typographical Error - Crime Prevention through Environmental Design General Code 
At Part A typographical error in reference to Australian Standard – Correct Part A Element 3.3, reference to Part 1.3 in C10 to be changed to Part 3.1.

A3.	Change of Title in Part 12 – Overlays and Clearance Zone Policies – Clearance Zone Policies are one of the Precincts under the Overlays.  Therefore the Title should read as ‘Overlays’ and the reference to ‘clearance zone policies’ in the introductory sentence should also be deleted.

A4.	Correction of typographical error - Overlays and Clearance Zone Policies – The word ‘indicted’ in the first sentence in 12.2 should read ‘indicated’.

A5.	Deletion of duplicated definition – Definitions of Development Part A.

	The definition for Religious associated use has been duplicated under the umbrella term COMMUNITY USE.  

A6.	Correction of the definition for Outdoor Recreation Facility – Definitions of Development Part A.

	The word ‘recreation’ has been added to the definition for Outdoor recreation facility as the term currently does not reflect the objective.

A7.	Addition of a definition for Articulation Zone - Definition of Terms Part B

A Glossary of Terms was part of all Section Master Plans and was unintentionally omitted from the Inner North Precinct Code.  It is necessary to add meaning to some terminology which is used widely in the Inner North Precinct Code.  Add a definition for Articulation Zone to Part B Definitions of Terms. 

A8.	Incorrect Reference - Future Urban Areas Residential Subdivision Code 
	
At Part B(2) C109, incorrect reference to General Code, change as Planning for Bushfire Risk Mitigation General Code.
At Part B(2) C130 and C131, incorrect reference to Table Numbers – correct the references to Table 7 and Tables 7 and 8 respectively.
A9.	All Development Codes – Water Sensitive Urban Design General Code 

	Delete all references to BASIX under Water Sensitive Urban Design, as BASIX is no longer applicable in the ACT as an assessment tool.  The reference to BASIX is to be replaced with ‘using the ACTPLA on-line assessment tool or another tool as included in the Waterways: Water Sensitive Urban Design General Code.’	

A10.	Prohibited Development in all Development Tables

	Amend the note under the title Prohibited Development Table in all the zones.  The note under the title to be changed to ‘Development listed below is prohibited development except where it is an ancillary use, minor use or temporary use as defined in Volume 2 Section 3 to clarify development permitted in the zone, consistent with that of the previous Territory Plan.  

3.	ERROR VARIATION

Variations to the Single Dwelling Housing Development Code

1	Part B, Element 7, Item 7.3 – Utilities  
	
	Substitute existing title, 7.3 Utilities with

	7.2 Utilities

2	Part C (1), Element 2, Table 1 Titles 
Substitute titles of Columns 2, 3 and 4 of Table 1 as shown in the following table.
Table 1: Front Street Setback (Refer Figures C1-3)
Floor level	Blocks in subdivisions approved after 
18 October 1993	Blocks in subdivisions approved before 
18 October 1993	Exceptions	
			Corner blocks	Open space or pedestrian paths wider than 6m	
			≤500 m2, long street frontage	>500 m2, long street frontage		

3	Part C (1), Element 2, Table 3 Column 1

	Substitute Column 1 in Table 3.

	Table 3: Side Setbacks for Lower Floor Level (Refer Figures C1-3)
Block Size
	
Block > 250 - ≤500m2
	
< 15 m wide North to front/rear
	
 ≥ 15 m wide North to front/rear
	
North to side
	
Block > 500m2

4	Part C (1), Element 3.2, R36 d) 

	delete

	R38/C38

	insert

	R37/C37

5	Part C (3), Element 4, Intent b)

	delete

	‘sage’

	insert

	safe

6	Part C(3), Element 6, R78  

	Substitute AAA with

Variations to the Multi unit Housing Development Code

7	Part C(1), Element 2, Table 1: Front Street Setback (refer Figure C1)

	Substitute Titles of Columns 2, 3, 4 and 5 of Table 1 as shown in the following 	table.
	
Floor level	Blocks in subdivisions approved after 
18 October 1993	Blocks in subdivisions approved before 
18 October 1993	Exceptions	
			Corner blocks	Open space or pedestrian paths wider than 6m	
			≤500 m2, long street frontage	>500 m2, long street frontage		

8	Part C(1), Element 2, Table 2: Front Street Setback to Garages (refer Figure C1)
	substitute
	Titles for columns 2 and 3 in Table 2 
	with
Blocks in subdivisions approved after 18 October 1993	Blocks in subdivisions approved before 18 October 1993	

9	Part C(1), Element 4.1, C72 

	Substitute R70 with R72

10	Part C(2), Element 2, Item 2.2 Title

	Substitute the title for Item 2.2 with the following:

	2.2   Front Street Setback (Replaces R54/C54)

11	Part C(2), Element 2, Item 2.3 Title
 
	Substitute the title for Item 2.3 with the following:

	2.3   Side and Rear Setbacks (Replaces R55/C55 and R56/C56)

12	Part C(3), Element 3, R129

	Substitute R129 with the following:
	
R129
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.	

Variation to the Inner North Precinct Code

13	Part A, Element 2, Item 2.5 Title

	Substitute the title for Item 2.5 with the following:

	2.5	Building Siting
Variation to the Town Centres Precinct Code

14.	Part B, Element 1, Item 1.3, R61

	delete 

	or Building Code

Variations to the Group Centres Precinct Code

15	Part A(2), CZ2 Business Zone, Element 1.2 Shops, R12 
 
	Substitute C1Zone in b) with

	CZ1 Zone; or	

16	Part A(2), CZ2 Business Zone, Element 1.2 Shops, R12 

	After b) insert  

c)     300m2 per shop on Blocks 21, 25-33 
Section 22 Kingston (refer to R15).	

17	Part A(2), CZ2 Business Zone, Element 1.4 Kingston, R15

	after 

	Section 22

	insert

	Blocks 21, 25-33 

18	Part B, Element 1, Item 1.3, R34

	delete 

	or Building Code

Variation to the Local Centres Precinct Code

19	Part A, Element 1, Item 1.3, R5

	delete 

	or Building Code

Variation to CZ2 Office Areas Outside Centres Precinct Code

20	Part A, Element 1, Item 1.2, R4

	delete 

	or Building Code

21	Part B, Element 1, R53

	Substitute R53 with the following:
R53	
	
For Deakin Section 68 Block 11:	
	
a)	a 50m swimming pool for the access and use by the public is retained	
b)	a variation to the lease must not be approved if it would have the effect of removing the requirement for a 50m indoor swimming pool to be maintained and operated on the site and made available for access and use by the public.  The approval of an application to vary the lease to increase the permissible quantum of gross floor area on the block shall not be approved unless the lessee has entered into a binding agreement with the Territory to reconstruct or refurbish the swimming pool to a standard acceptable to the Territory. 	

Variation to the CZ5 – Mixed Use Zone Development Code

22	Part A, Element 1, Item 1.2, R4 

	delete 

	or Building Code

Variation to the CZ6 – Leisure and Accommodation Zone Development Code

23	Part A, Element 1, Item 1.1, R2  
	
	Substitute the word 
	
	or 

	with

	for

24	Part A, Element 1, Item 1.2, R5  

	delete 

	or Building Code

Variation to the Community Facility Zone Development Code

25	Part A, Element 1, R3 c)

	delete 

	or Building Code

Variation to the NUZ1 – Broadacre Zone Development Table 

26	Development Table – Minimum Assessment Track Merit – Site Identifier 	Column
	
Substitute 
	
	Jerrabomberra Block 2113 (Figure 4)

	with

	Jerrabomberra Block 2114 (Figure 4)

Variation to the NUZ3 – Hills, Ridges and Buffer Zone  Development Table 

27	Prohibited Development Table 

	Delete

	Subdivision

Variation to the NUZ4 – River Corridor Zone Development Table

28	Prohibited Development Table

 	Delete

	Subdivision

Variation to the NUZ5 – Mountains and Bushland Zone Development Table

29	Prohibited Development Table
	
	Delete

	Subdivision

Variation to the Parking and Vehicular Access General Code

30	Schedule 2, Parking Provision Rates for Commercial Zones – Office 	Developments in Town Centres 

	Delete 

	C3
	 
	Insert

	CZ3

Variation to the Access and Mobility General Code

31	Introduction, Application of the Code

	delete
	
	the introductory sentence 

	substitute with

	This Code applies to all new developments and major alterations and extensions 	to 	existing buildings which affect more than 50% of the volume of the whole 	building, except for single dwelling housing proposals.

Variation to the Crime Prevention through Environmental Design General Code 

32	Part A, Element 3, Item 3.3 Lighting, C10 a)

Substitute Part 1.3 with Part 3.1. 

Variations to Overlays

33	Part 12 Title 				

	delete

	and Clearance Zone Policies

34	Part 12 introductory sentence

	after	

	provisions

	delete

	and clearance zone policies

35	Part 12, Item 12.2 

	after 

	Land 

	Substitute the word ‘indicted’ with 
	
	indicated

Variations to Definitions 

36	Part A, Definitions of Development – COMMUNITY USE

 	Delete 
	
	first definition for Religious associated use under umbrella term COMMUNITY USE.

37	Part A, Definitions of Development – Outdoor Recreation Facility 

	after

	sporting 

	insert

	 or recreational

38	Part B, Definitions of Terms

	after
	
	definition for Aquatic migration corridor

	insert	

	Articulation Zone means a specified area on a block within which the design of the façade of buildings is required to be articulated in order to provide visual interest to the streetscape.  Forms of articulation may include architectural elements and detailing to be incorporated into the building façade and variations to building alignment particularly in response to existing landscape features.  

Variations to Future Urban Areas Residential Subdivision Code

39	Part B(2), Element 1, Item 1.4 C109

 	delete 

	Guidelines 

	insert 

	General Code.

40	Part B(2), Element 5, Item 5.3 C130 

	delete 

	Table 6 

	insert 
	
Table 7

41	Part B(2), Element 5, Item 5.3 C131 

	delete 

	Tables 6 and 7 

	insert 
	
	Tables 7 and 8.

Variation to Water Sensitive Urban Design or Water Sensitive Urban Design – Mains Water Consumption in various Zones

42	Item for Water Sensitive Urban Design or Water Sensitive Urban 	Design – Mains Water Consumption		 

	As identified below in the following Development Codes:

	substitute 

	the NSW BASIX tool. 

with

another tool as included in the Water Ways: Water Sensitive Urban Design General Code.

in

	i)	Single Dwelling Housing Development Code at Part C(1) Element 6, 
	Item 6.1 R51.

	ii)	Multi –unit Housing Development Code at Part B Element 6, Item 6.7 		R46.

	iii)	City Centre Precinct Code at Part B Element 6, Item 6.1 R83.

	iv)	Town Centres Precinct Code at Part B Element 6, Item 6.1 R83.

	v)	Group Centres Precinct Code at Part B Element 6, Item 6.1 R57. 

	vi)	Local Centres Precinct Code at Part A Element 6, Item 6.1 R34.

	vii)	CZ2 Office Areas Outside Centres Precinct Code at Part A Element 6, I	tem 6.1 R27. 

	viii)	CZ5 Mixed Use Zone Development Code at Part A Element 6, Item 6.1, 	R27.

	ix)	CZ6 Leisure and Accommodation Zone Development Code at Part A 	Element 6, Item 6.1 R29. 

	x)	Industrial Zone Development Code at Part B Element 6, Item 6.1R38.

	xi)	Community Facility Zone Development Code at Part A Element 6, 
		Item 6.1, R28.

	xii)	Parks and Recreation Zones Development Code at Part B Element 6, 
		Item 6.2, R32.

	xiii)	Transport and Services Zone Development Code at Part B Element 6, 	Item 6.2 R23.

	xiv)	Northbourne Avenue Precinct Code at Part B Element 6, Item 6.1 R57

Variation to Prohibited Development Tables in all zones

43	Prohibited Development Table in all the zones Note under the title

	delete

	Any development not listed as assessable development in this Table and that 	appears in Volume 2 Section 3 – Definitions are prohibited, ie:  

	Insert 

	Development listed below is prohibited development except where it is an ancillary use, minor use or temporary use as defined in Volume 2 Section 3 – Definitions.  

Update of relevant Contents Pages

44	Update of Contents pages of the relevant sections that were changed 

Interpretation service