Australian Capital Territory

Planning and Development (Technical Amendment - Miscellaneous Amendments) Plan Variation 2011 (No 2)*

Notifiable Instrument NI2011- 667

Technical Amendment No 2011-40
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 2011-40 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.

Ben Ponton
Delegate of the Planning and land Authority 

2 November 2011     	

 
Planning and
Land Authority

Planning & Development Act 2007

Technical Amendment 
to the Territory Plan
Variation 2011-40

Miscellaneous correction

November 2011

Table of Contents

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

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.  This technical amendment has been prepared in accordance with the following sections of the Act:

A variation under section 87(a) is a technical amendment 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. 

This technical amendment has been approved by the ACT Planning and Land Authority. 

2	EXPLANATORY STATEMENT

Proposed Changes and Reasons

A	Correction of rules and criteria numbering that were incorrectly inserted into the CFZ community facility zone development code (item 1)

Variation 302 introduced an amended community facility zone development code to the Territory Plan.  The numbering of the rules and criteria were incorrect. Therefore it is proposed to correct this by re-numbering the rules and criteria accordingly. 

Section of Act	Statement of compliance with Act	
s87(a) a variation that -		
(i) would not adversely affect anyone’s rights if approved; and	This amendment will not adversely affect anyone’s rights.	
(ii) has as its only object the correction of a formal error in the plan	This amendment seeks to correct the CFZ community facility zone development code rule and criteria numbering.	

3.	TECHNICAL AMENDMENT

Variation to Community Facility Zone Development Code 

1.	Community facility zone development code

Substitute rule and criteria numbering as underlined below:

Community Facility Zone Development Code

This page is intentionally blank

Contents
Introduction
Relevant Codes
GENERAL DEVELOPMENT CONTROLS
Element 1:	Restrictions on use
1.1	Supportive housing
1.2	Retirement village
1.3	Business agency, office, public agency
1.4	Development proposals affected by approved lease and development conditions
Element 2:	Building and site controls
2.1	Building height
2.2	Setbacks
2.3	Storage
Element 3:	Built form
3.1	Materials and finishes
3.2	Interface
Element 4:	Traffic impact
4.1	Traffic generation
Element 5:	Environment protection
5.1	Water sensitive urban design
5.2	Sediment and erosion control
5.3	Earthworks
5.4	Tree protection
5.5	Heritage
5.6	Contamination
Element 6:	Amenity
6.1	Noise
Element 7:	Services and utilities
7.1	Waste management
7.2	Utilities
7.3	Waste water
Element 8:	Demolition
8.1	Utilities
8.2	Hazardous materials
Element 9:	Subdivision
9.1	Subdivision

Introduction	

Name
The name of this code is Community Facility Zone Development Code.
Application
This code applies to all development in the community facility zone.
National Capital Plan
Where a development is subject to special requirements under the National Capital Plan, or any relevant development control plan prepared under the National Capital Plan, the development cannot be inconsistent with the special requirements or development control plan. Where any provision of this code is inconsistent with special requirements under the National Capital Plan, or any relevant development control plan prepared under the National Capital Plan, that provision has no effect.
Purpose
This code provides additional planning, design and environmental controls to support the objectives of the community facility zone.
It will be used by the Authority to assess development applications. It also offers guidance to intending applicants in designing development proposals and preparing development applications. 
Structure
This code has a number of elements. Each element has one or more rules, each having an associated criterion (unless the rule is mandatory). Rules provide quantitative, or definitive, controls, while criteria are chiefly qualitative in nature.
In some instances rules are mandatory and are accompanied by the words “This is a mandatory requirement. There is no applicable criterion”.  Non-compliance with a mandatory rule will result in the refusal of the development application. Conversely, the words “There is no applicable rule” is found where a criterion only is applicable.  Where both rule and criterion apply, compliance with the rule is deemed to satisfy the particular requirement.  Provided the relevant criterion can be met, strict compliance with the rule is not required.
Assessment tracks
Assessment track for a particular developments are specified in the community facility zone development table. 
Proposals in the code track must comply with all rules relevant to the development.
Proposals in the merit track and impact track must comply with each relevant rule or its associated criteria, where the rule is not mandatory (i.e. it has no related criterion).  Where a rule is fully met, no reference to the related criterion needs to be made. If the rule is not met, or where a criterion only applies, the onus is on the applicant to demonstrate that the relevant criterion is satisfied, through supporting drawings and/or written documentation.  In addition, the applicant for proposals in the impact track must justify any non-compliance by reference to the Statement of Strategic Directions. 
Code hierarchy
Under the Planning and Development Act 2007, where more than one type of code applies to a development, the order of precedence if there is inconsistency of provisions between codes is: precinct code, development code, and general code.

Related codes
This code makes reference to development codes and general codes that may also apply.
In addition, precinct codes may contain additional provisions that apply to certain specified blocks. 
Definitions
Defined terms, references to legislation and references to other documents are italicised.  
Definitions of terms used in this code are listed under the definitions heading of the Territory Plan, or for terms applicable to this code, associated with the respective rule or element. 

Relevant Codes	
Development codes (including this code) that apply to certain development or use in the community facility zone are marked Y in table A1.
Table A1 – Development codes applicable to development and uses in community facility zone
DEVELOPMENT/ 
USE	THIS CODE 	
SINGLE DWELLING HOUSING DEVELOPMENT CODE	MULT UNIT HOUSING DEVELOPMENT CODE 	
ancillary use	Y			
business agency	Y			
child care centre	Y			
community activity centre	Y			
community theatre	Y			
consolidation	Y			
cultural facility	Y			
demolition	Y			
educational establishment	Y			
emergency services facility	Y			
health facility	Y			
hospital	Y			
indoor recreation facility	Y			
lease variation	Y			
minor use	Y			
office	Y			
outdoor recreation facility	Y			
parkland	Y			
place of worship	Y			
public agency	Y			
religious associated use	Y			
residential care accommodation	Y	Y3	Y4	
retirement village	Y		Y	
sign	Y			
subdivision	Y			
supportive housing	Y	Y3	Y4	
temporary use	Y			
scientific research establishment 1	Y			
agriculture 2	Y			
Notes to Table A1:
1 – Development specific to section 38 blocks 4 and 5 Campbell 
2 – Development specific to section 450 block 1 Richardson
3 – Applicable only where development is in the form of a single dwelling housing
4 – Applicable only where development is in the form of multi unit housing

In addition to the development codes specified above, precinct codes and general codes may be relevant.
Precinct codes are located in section 10 of the Territory Plan. 
The following general codes, in particular, may be relevant:  
Access and Mobility General Code
Bicycle Parking General Code
Community and Recreational Facilities Location Guidelines General Code
Crime Prevention through Environmental Design General Code
Parking and Vehicular Access General Code
Signs General Code
Water Ways: Water Sensitive Urban Design General Code
General codes are contained within the Territory Plan.
Development must comply with the relevant codes (including other general codes that may not be listed above), subject to the code hierarchy outlined in the introduction to this code.  

GENERAL DEVELOPMENT CONTROLS	
Element 1:	Restrictions on use
Rules	Criteria	
1.1	Supportive housing	
R1	
	Development for supportive housing complies with all of the following:
a)	the occupation of individual dwellings in a supportive housing complex is restricted by the lease to persons with special housing needs for reasons of age or disability
b)	the site has not been identified in a suburb precinct code as being prohibited for supportive housing
c)	all dwellings comply with Part ‘C’ of Australian Standard AS4299 – Adaptable Housing.
d)	subdivision of a lease developed for supportive housing, including subdivision under the Unit Titles Act 2001, is not permitted.	C1	
This is a mandatory requirement. There is no applicable criterion.
	
1.2	Retirement village	
R2	
	Development for retirement village complies with all of the following:
a)	the site has not been identified in a suburb precinct code as being prohibited for retirement village
b)	Subdivision of a lease developed for retirement village, including subdivision under the Unit Titles Act 2001, is not permitted
c)	all dwellings comply with Part ‘C’ of Australian Standard AS4299 – Adaptable Housing.	C2	
This is a mandatory requirement. There is no applicable criterion.
	
1.3	Business agency, office, public agency	
R3	
	This rule applies to any of the following:
i)	business agency
ii)	office
iii)	public agency
	located within a surplus ACT Government owned building. 
	The maximum lease term is 5 years	C3	
This is a mandatory requirement. There is no applicable criterion.
	
R4	
	This rule applies to any of the following:
i)	business agency
ii)	office
iii)	public agency
	located in other than a surplus ACT Government owned building,
	The use is conducted only by a not for profit organisation.	C4	
This is a mandatory requirement. There is no applicable criterion.
		
R5	
	This rule applies to any of the following:
i)	business agency
ii)	office
iii)	public agency
	located in other than a surplus ACT Government owned building.
	The total gross floor area of all such uses does not exceed 400m².	C5	
	Business agencies, offices and public agencies are small scale.	
1.4	Development proposals affected by approved lease and development conditions	
R6	
	The development proposal complies with approved and current lease and development conditions applying to the site.  Where there is an inconsistency between the lease and development conditions and the provisions of this code, the former shall take precedence, but only to the extent of the inconsistency.	C6	
	The development meets the intent of any approved and current lease and development conditions applying to the site.	

Element 2:	Building and site controls
In this element:
Desired character means the form of development in terms of siting, building bulk and scale, and the nature of the resulting streetscape that is consistent with the relevant zone objectives
Rules	Criteria	
2.1	Building height	
R7	
	The maximum building height is:
a)	for that part of the building within 30m of a residential block – the greater of the following:
i)	2 storeys
ii)	the maximum number of storeys permitted on that residential block 
b)	in all other cases – the lesser of the following:
i)	4 storeys
ii)	15m height of building.
	For this rule:
Residential block means a block that has at least one of the following characteristics – 
a)	zoned residential
b)	affected by a lease which authorises residential use
but does not include any land intended to remain as unleased Territory land or public open space.	C7	
Buildings achieve all of the following:
a)	consistency with the desired character
b)	a scale appropriate to the proposed use
c)	reasonable separation from adjoining developments
d)	reasonable privacy for dwellings on adjoining residential blocks
e)	reasonable privacy for principal private open space on adjoining residential blocks
f)	reasonable solar access to dwellings on adjoining residential blocks and their associated principal private open space.	
2.2	Setbacks	
R8	
	Minimum setback of buildings to boundaries of blocks in a residential zone is 6m.	C8	
	Buildings and other structures are sited to achieve all of the following:
a)	consistency with the desired character
b)	reasonable separation from adjoining developments
c)	reasonable privacy for dwellings on adjoining residential blocks
d)	reasonable privacy for principal private open space on adjoining residential blocks
e)	reasonable solar access to dwellings on adjoining residential blocks and their associated principal private open space. 	
2.3	Storage	
R9	
	Outdoor storage areas are screened from view from any road or other public area.	C9	
	Where the proposed use of the site requires open areas for storage of goods and materials, adequate provision is to be included in the design layout of the site and should not encroach on car parking areas, driveways or landscaped areas and be adequately screened from public view.	

Element 3:	Built form
Rules	Criteria	
3.1	Materials and finishes	
R10	
There is no applicable rule.	C10	
	Where development presents a blank façade to an adjoining block or public space, a visually interesting architectural treatment is applied to that wall, through the use of one or more elements such as colour, articulation, materials and shadows. 	R11	
	There is no applicable rule.	C11	
	Buildings use high quality materials and have façade with visually interesting architectural treatments through the use of one or more elements such as colour, materials, shadows or deep framing profiles.	3.2	Interface	R12	
	There is no applicable rule.	C12	
	Where appropriate, compatible uses of any existing buildings are integrated with new development and provide physical connections and linkages between buildings, and between buildings and public spaces.	R13	
	There is no applicable rule.	C13	
	Elements of the development that interface with a street promote an attractive streetscape.	
Element 4:	Traffic impact
Rules	Criteria	
4.1	Traffic generation	
R14	
There is no applicable rule.	C14	
	The existing road network can accommodate the amount of traffic likely to be generated by the development. 	
Element 5:	Environment protection
Rules	Criteria	
5.1	Water sensitive urban design	
R15	
	This rule applies to sites 5000m2 or larger.
	The average annual stormwater pollutant export is reduced for all of the following:
a)	suspended solids by at least 60 per cent
b)	total phosphorous by at least 45 per cent
c)	total nitrogen by at least 40 per cent
	compared with an urban catchment with no water quality management controls.
Note: Compliance with this rule is demonstrated by a water sensitive urban design outcomes plan endorsed by a suitably qualified person.	C15	
This is a mandatory requirement. There is no applicable criterion.
		
R16	
This rule applies to sites 2000m2 or larger.
	Stormwater management complies with one of the following:
a)	the capacity of the existing pipe (minor) stormwater connection is not exceeded in 
1-in-10 year storm event and the capacity of the existing major overland stormwater system is not exceeded in the 1-in-100 year storm event
b)	the 1-in-5 year and 1-in-100 year stormwater peak run off does not exceed pre-development levels.
Note: Compliance with this rule is demonstrated by a water sensitive urban design outcomes plan endorsed by a suitably qualified person.	C16	
This is a mandatory requirement. There is no applicable criterion.
		
R17	
	This rule applies to sites 2,000m2 or larger.
	Provision is made for one or more of the following:
a)	the storage of stormwater equivalent to at least 1.4kl per 100m2 of impervious area, and its release over a period of 1 to 3 days
b)	runoff peak flow for the 3 month ARI storm to be no more than pre-development levels and release of captured flow over a period of 1 to 3 days.
Note: Compliance with this rule is demonstrated by a water sensitive urban design outcomes plan endorsed by a suitably qualified person.	C17	
This is a mandatory requirement. There is no applicable criterion.

R18	
	There is no applicable rule.	C18	
Underground piping of natural stormwater overland flow paths is minimised.	5.2	Sediment and erosion control	R19	
	This rule applies to sites larger than 3000m2.
	Development complies with a sediment and erosion control concept plan endorsed by the Environment Protection Authority. 
Supporting document: A sediment and erosion control concept plan is prepared in accordance with Environment Protection Authority Environmental Protection Guidelines for Construction and Land Development in the ACT 2011.
Note: A condition of development approval may be imposed to ensure compliance with this rule.	C19	
This is a mandatory requirement. There is no applicable criterion.
5.3	Earthworks	R20	
	There is no applicable rule.C20	
	The extent of earthworks is minimised. 	5.4	Tree protection	R21	
	This rule applies to sites where exceptional, high, or medium value trees are present.
	A tree management plan indicating that all exceptional, high, and medium value trees are retained and protected is endorsed by the Conservator of Flora and Fauna. 
Supporting document: Tree management plan endorsed by the Conservator of Flora and Fauna. 
Note: The Conservator of Flora and Fauna may endorse the removal of trees in accordance with the provisions of the Tree Protection Act 2005.	C21	
This is a mandatory requirement. There is no applicable criterion.
	5.5	Heritage	R22	
In accordance with section 148 of the Planning and Development Act 2007, applications for developments on land or buildings subject to provisional registration or registration under s.41 of the Heritage Act 2004 are accompanied by advice from the Heritage Council stating that the development meets the requirements of the Heritage Act 2004.	C22	
	If advice from the Heritage Council is required however not provided, the application will be referred to the Heritage Council and its advice considered before the determination of the application.	5.6	Contamination	R23	
	This rule applies where an assessment by the proponent in accordance with the ACT Government Strategic Plan – Contaminated Sites Management 1995 and the ACT Environment Protection Policy 2000 identifies contamination within or adjacent to the development area, but does not apply if the Environment Protection Authority has provided written advice that there are no contaminated sites within or adjacent to the development area.
	Development complies with an environmental site assessment report endorsed by Environment Protection Authority.
Supporting document: Environmental site assessment report endorsed by Environment Protection Authority.
Note: A condition of development approval may be imposed to ensure compliance with this rule.	C23	
This is a mandatory requirement. There is no applicable criterion.
	
Element 6:	Amenity
Rules	Criteria	
6.1	Noise	
R24	
	This rule applies to any of the following:
i)	emergency services facility 
ii)	indoor recreation facility 
iii)	outdoor recreation facility
	Development complies with a noise management plan prepared by a suitably qualified person and endorsed by the Environment Protection Authority.
The noise management plan will detail the proposed design, siting and construction methods that will be employed to ensure compliance with the Noise Zone Standard as detailed in the EPA’s Noise Environment Protection Policy, January 2010, based on the estimated noise levels when the facility is in use.
Supporting document: noise management plan endorsed by the Environment Protection Authority.
Note: A condition of development approval may be imposed to ensure compliance with the endorsed noise management plan.	C24	
	Development types specified in rule R24 do not unreasonably diminish the residential amenity of current or future neighbouring residents.	

Element 7:	Services and utilities
Rules	Criteria	
7.1	Waste management	
R25	
	Development complies with the waste facilities and management measures endorsed by  Territory and Municipal Services Directorate. 
Supporting document: Written confirmation by Territory and Municipal Services Directorate that with the waste facilities and management associated with the development are in accordance with the current version of the Development Control Code for Best Practice Waste Management in the ACT.	C25	
This is a mandatory requirement. There is no applicable criterion.

Rules	Criteria	
7.2	Utilities	
R26	
	A statement of compliance from each relevant utility provider (for water, sewerage, stormwater, electricity and gas) is provided, which confirms that the location and nature of earthworks, utility connections, proposed buildings, pavements and landscape features comply with utility access provisions and asset clearance zones.
Note: Where there is a conflict between planning and utility requirements, the utility requirements take precedence over other codified or merit provisions.	C26	
If a statement of compliance is not provided the application will be referred to the relevant agency in accordance with the requirements of the Planning and Development Act 2007.

7.3	Waste water	
R27	
	Subject to ActewAGL approval, all under cover areas drain to the sewer.	C27	
This is a mandatory requirement. There is no applicable criterion.

Element 8:	Demolition
Rules	Criteria	
8.1	Utilities	
R28	
	This rule applies to demolition.
	The application is accompanied by a statement of endorsement for utilities (including water, sewerage, stormwater, electricity and gas) in accordance with section 148 of the Planning and Development Act 2007 for all of the following:
a)	all network infrastructure on or immediately adjacent to the site has been identified on the plan
b)	all potentially hazardous substances and conditions (associated with or resulting from the demolition process) that may constitute a risk to utility services have been identified
c)	all required network disconnections have been identified and the disconnection works comply with utility requirements
d)	all works associated with the demolition comply with and are in accordance with utility asset access and protection requirements.	C28	
This is a mandatory requirement. There is no applicable criterion.

Rules	Criteria	
8.2	Hazardous materials	
R29	
	Demolition of: 
a)	Multi unit housing (including garages and carports) for which a certificate of occupancy was issued prior to 1985, or
b)	commercial or industrial premises for which a certificate of occupancy was issued before 2005, 
	is undertaken in accordance with hazardous materials survey (including an asbestos survey) endorsed by the Environment Protection Authority.
	A hazardous materials survey includes, as a minimum, the identification of a disposal site for  hazardous materials, including asbestos, that complies with one (1) of the following:
i)	is a licensed disposal facility in the ACT
ii)	another site outside the ACT.
	If hazardous materials, including asbestos, are to be transported for disposal interstate, approval from the Environment Protection Authority prior to removal of material from the site.
	An appropriately licensed contractor is engaged for the removal and transport of all hazardous materials (including asbestos) present at the site.
Note: If an endorsed hazardous materials survey is required but not provided, the application will be referred to the 
relevant agency in accordance with the requirements of the Planning and Development Act 2007.	C29	
If an endorsed hazardous material survey is required however evidence of an endorsed hazardous materials survey is not provided, the application will be referred to the relevant agency in accordance with the requirements of the Planning and Development Act 2007.	

Element 9:	Subdivision
Rules	Criteria	
9.1	Subdivision	
R30	
	Subdivision is only permitted where all of the following are met: 
a)	the subdivision is part of a development application for another assessable development
b)	it is demonstrated that any residual block can accommodate another assessable development designed in accordance with the relevant sections of this code.	C30	
This is a mandatory requirement. There is no applicable criterion.

Interpretation service