Australian Capital Territory

Planning and Development (Technical Amendment - Miscellaneous Amendments) Plan Variation 2009 (No 1)
Notifiable instrument NI2009—392

Technical Amendment No 2009-29
made under the

Planning and Development Act 2007, section 89 (Making technical amendments) 

This plan variation commences on the day after it is notified.

Variation No 2009–29 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 Attachment A.

Neil Savery 
Planning and land Authority 
19 August 2009	

ANNEXE A
FINAL PLAN VARIATION 2009-29

Planning & Development Act 2007

Technical Amendment 
to the Territory Plan
Variation 2009-29 

Miscellaneous Amendments

August 2009

Table of Contents

1	INTRODUCTION
Outline of the process
2.	EXPLANATORY STATEMENT
Proposed Changes and Reasons
3.	ERROR VARIATION
Variation to Residential Zones Development Tables
Variation to Residential Zones – Single Dwelling Housing Development Code
Variation to Residential Zones – Multi Unit Housing Development Code
Variation to Commercial Zones Development Tables
Variation to Industrial Zone Development Tables
Variation to Community Facility Zone Development Table
Variation to Parks and Recreation Zones Development Tables
Variation to Transport and Services Zone Development Tables
Variation to Non-Urban Zone Development Tables

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.  Part 5.4 section 87 of the Act allows for technical amendments to be made to the Territory Plan in a number of circumstances.  

This technical amendment is subject to approval of the ACT Planning and Land Authority (the Authority) under section 87(a) of the Act.  It is not subject to the limited consultation requirements under section 90 of the Act.  On approval, the variation will commence in accordance with the commencement notice in the Legislation Register and will be notified in a daily newspaper. The Territory Plan will be updated to reflect the changes that are approved in the technical amendment.

2.	EXPLANATORY STATEMENT
Proposed Changes and Reasons

A.	Development Tables in all Zones – Correction of note in PROHIBITED table and definition of Multi Unit Housing

All development tables require an amendment to the note contained in the PROHIBITED table to avoid any discrepancy between a use that could be considered as both prohibited and assessable development. For example in the Community Facility Zone Development Table, Supportive Housing is listed in the MERIT table. These uses also meet the definition for Multi Unit Housing or Single Dwelling Housing, however Multi Unit Housing and Single Dwelling Housing are both listed in the PROHIBITED table. (Items 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29 & 30)

B	Single Dwelling Housing Development Code Part B Element 7 – Services C26 and Multi Unit Housing Development Code Part B Element 7 – Services C50

The reference to the Development Control Code for Best Practice Water Management in the ACT needs to be amended to refer to ‘Waste’ rather than ‘Water’ (as per the title of the item and the corresponding rule)
 (Items 6 & 8).

C.	Single Dwelling Housing Development Code Part C(2) Element 2 Building and Site Controls Section 2.2 Plot Ratio 

The title of Section 2.2 Plot Ratio includes a reference to an ‘additional control for RZ2’. This needs to be corrected to refer to the relevant rule (R6A) in Part A(2) relating to plot ratio. (Item 7).

D.	NUZ1 Broadacre Zone Development Table, Prohibited list. 

	The site identifier for Jerrabomberra Blocks 182, 2100, 2099, 2000 and 2101 refers to Block 182, the old block identifier for the Canberra Abattoir site. This identifier needs to be substituted for 2223, the new block number. The related Figure 2 contains this new block number. (Item 25).

3.	ERROR VARIATION

Variation to Residential Zones Development Tables

1	RZ1 Suburban Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

2	RZ2 Suburban Core Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

3	RZ3 Urban Residential Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

4	RZ4 Medium Density Residential Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

5	RZ5 High Density Residential Zone Development Table Prohibited

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

Variation to Residential Zones – Single Dwelling Housing Development Code

6	Residential Zones Single Dwelling Housing Development Code Part B Element 7 – Services C26 

Omit ‘Water’ and substitute with the following 

	Waste 

7	Residential Zones Single Dwelling Housing Development Code Part C(2)  Element 2 Building and Site Controls 2.2 Plot Ratio title

Omit ‘Additional Control for RZ2’ and substitute with the following 

	A(2) R6A

Variation to Residential Zones – Multi Unit Housing Development Code 

8	Residential Zones Multi Unit Housing Development Code Part B Element 7 – Services C50

Omit ‘Water’ and substitute with the following 

	Waste 

Variation to Commercial Zones Development Tables

9	CZ1 Core Zone Development Table Prohibited
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

10	CZ2 Business Zone Development Table Prohibited 
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

11	CZ3 Services Zone Development Table Prohibited Development 
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

12	CZ4 Local Centre Zone Development Table Prohibited 
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

13	CZ5 Mixed Use Zone Development Table Prohibited Development 
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

14	CZ6 Leisure and Accommodation Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

Variation to Industrial Zone Development Tables

15	IZ1 General Industrial Zone Development Table Prohibited 
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

16	IZ2 Industrial Mixed Use Zone Development Table Prohibited 
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

Variation to Community Facility Zone Development Table

17	CFZ Community Facility Zone Development Table Prohibited 
	
Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

Variation to Parks and Recreation Zones Development Tables

18	PRZ1 Urban Open Space Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

19	PRZ2 Restricted Access Recreation Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

20	PRZ2 Restricted Access Recreation Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

21	PRZ2 Restricted Access Recreation Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

Variation to Transport and Services Zone Development Tables

22	TSZ1 Transport Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

23	TSZ2 Services Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

Variation to Non-Urban Zone Development Tables

24	NUZ1 Broadacre Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

25	NUZ1 Broadacre Zone Development Table Prohibited Site Identifier – Jerrabomberra Blocks 182, 2100, 2099, 2000, 2101 

Omit ‘182’ and substitute with the following 

2223

26	NUZ2 Rural Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

27	NUZ3 Hills, Ridges and Buffer Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

28	NUZ4 River Corridor Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

29	NUZ5 Mountains and Bushland Zone Development Table Prohibited 

Omit ‘an ancillary use, minor use or temporary use as defined in 13 Definitions’ and substitute with the following 

listed elsewhere in the Development Table

Interpretation service