Australian Capital Territory

Planning and Development (Technical Amendment— Miscellaneous Amendments) Plan Variation 2013 (No 1) 
Notifiable Instrument NI2013 — 5
Technical Amendment No 2013-01
made under the
Planning and Development Act 2007, section 89 (Making technical amendments)   

This Technical Amendment commences on 11 January 2013.

Technical Amendment Number 2013-01 to the Territory Plan has been approved by the planning and land authority.

Jim Corrigan
Delegate of the Planning and Land Authority

8 January 2013 

ACT Planning and
Land Authority

Planning and Development Act 2007

Technical Amendment to the Territory Plan
Variation 2013 – 01

Miscellaneous amendments to the Beard Precinct Map and Code, and the following zone development tables: 

Commercial CZ1 Core Zone 
Commercial CZ2 Business Zone 
Commercial CZ3 Services Zone
Commercial CZ5 Mixed Use Zone
Commercial CZ6 Leisure and Accommodation Zone
Industrial IZ1 General Zone
Industrial IZ2 Mixed Use Zone 
Community Facility Zone
Parks and Recreation PRZ1 Urban Open Space
Non urban NUZ1 Broadacre Zone
Non urban NUZ3 Hills, Ridges and Buffer Zone
Non urban NUZ4 River Corridor
Non urban NUZ5 Mountains and Bushland Zone

January 2013

Contents

1.	INTRODUCTION
1.1	Purpose
1.2	Public consultation
1.3	Process
1.4	ACT Planning Strategy
1.5	Compliance with the Act
2.	EXPLANATION
2.1	Zone development Tables
2.2	Commercial CZ2 Business Zone Development Table
2.3	Commercial CZ3 Services Zone Development Table
2.4	Commercial CZ5 Mixed Use Zone Development Table
2.5	Beard Precinct Map and Code
3.	TECHNICAL AMENDMENT
3.1	Zone Development Tables
3.2	Commercial CZ1 Core Zone Development Table
3.3	Commercial CZ2 Business Zone Development Table
3.4	Commercial CZ3 Services Zone Development Table
3.5	Commercial CZ5 Mixed Use Zone Development Table
3.6	Commercial CZ6 Leisure and Accommodation Zone
3.7	Industrial IZ1 General Zone Development Table
3.8	Industrial IZ2 Mixed Use Zone Development Table
3.9	Community Facility Zone Development Table
3.10	Parks and Recreation PRZ1 Urban Open Space Zone Development Table
3.11	Non Urban NUZ1 Broadacre Zone Development Table
3.12	Non Urban NUZ3 Hills, Ridges and Buffer Zone     Development Table
3.13	Non Urban NUZ4 River Corridor Zone Development Table
3.14	Non Urban NUZ5 Mountains and Bushland Zone   Development Table
3.15	Beard Precinct Map and Code

1.	INTRODUCTION
1.1	Purpose
This technical amendment will make the following changes to the Territory Plan:
Delete redundant figures in the following zone development tables:
commercial CZ1 core zone
commercial CZ2 business zone
commercial CZ3 services zone 
commercial CZ5 mixed use zone
commercial CZ6 leisure and accommodation zone
industrial IZ1 general zone
industrial IZ2 mixed use zone 
community facility zone
parks and recreation PRZ1 urban open space
non urban NUZ1 broadacre zone
non urban NUZ3 hills, ridges and buffer zone
non urban NUZ4 river corridor
non urban NUZ5 mountains and bushland zone
Make corrections to the following zone development tables:
commercial CZ2 business zone
commercial CZ3 services zone
commercial CZ5 mixed use zone
Make corrections to the Beard Precinct Map and Code

1.2	Public consultation
Under section 88 of the Planning and Development Act 2007 (the Act) this type of technical amendment is not subject to public consultation. 

1.3	Process
This technical amendment has been prepared in accordance with section 87 of the Planning and Development Act 2007 (the Act). The planning and land authority must notify the public of the commencement of this technical amendment. 

1.4	ACT Planning Strategy
This technical amendment is not inconsistent with the ACT Planning Strategy.

1.5	Compliance with the Act
This technical amendment is compliant with:
•	Section 87(a) of the Planning and Development Act 2007 in 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.

•	Section 87 (f) of the Planning and Development Act 2007 in that it is a 	variation to omit something that is obsolete or redundant in the Territory 	Plan.

2.	EXPLANATION
2.1	Zone development Tables
2.1.1	Zone development Tables
Approved technical amendment TA2012-06 relocated all site/ area specific provisions within the zone development tables (with the exception of the residential zones, which are subject to draft variation DV306) to suburb precinct codes and maps. Therefore, all of the figures in the following zone development tables are redundant and will be deleted:
commercial CZ1 core zone
commercial CZ2 business zone
commercial CZ3 services zone 
commercial CZ5 mixed use zone
commercial CZ6 leisure and accommodation zone
industrial IZ1 general zone
industrial IZ2 mixed use zone 
community facility zone
parks and recreation PRZ1 urban open space
non urban NUZ1 broadacre zone
non urban NUZ3 hills, ridges and buffer zone
non urban NUZ4 river corridor
non urban NUZ5 mountains and bushland zone
2.2	Commercial CZ2 Business Zone Development Table
2.2.1	Minimum assessment track merit
The implementation of technical amendment TA2012-06 resulted in several development types being incorrectly inserted and / or duplicated in the table. These errors will be corrected by this amendment.
2.3	Commercial CZ3 Services Zone Development Table
2.3.1	Minimum assessment track merit
The implementation of technical amendment TA2012-06 resulted in several development types not being carried over into the new table. The correct development types will be inserted into the table by this amendment.

2.4	Commercial CZ5 Mixed Use Zone Development Table
2.4.1	Prohibited development 
The implementation of technical amendment TA2012-06 resulted in several development types not being carried over to the new table and other types that were incorrectly inserted into the table. These errors will be corrected by this amendment.
2.5	Beard Precinct Map and Code
2.5.1	Table 1 – Additional prohibited development 
Table 1 contains 3 development types, namely transport depot, veterinary hospital and woodlot, which should not be listed in the table. These development types were incorrectly transferred to the Beard Precinct Map and Code via technical amendment TA2012-06. 

3.	TECHNICAL AMENDMENT
3.1	Zone Development Tables
1	Zone development Tables

Substitute each zone development table with the respective zone development table in Appendix 1.

3.2	Commercial CZ1 Core Zone Development Table
2	Figure 1 City West – ANU Precinct

Omit	

3.3	Commercial CZ2 Business Zone Development Table
3	Figures 1 - 9

Omit

3.4	Commercial CZ3 Services Zone Development Table 
4	Figure 1 City Centre (Braddon)

Omit

3.5	Commercial CZ5 Mixed Use Zone Development Table 
5	Figures 1 – 9 

Omit 

3.6	Commercial CZ6 Leisure and Accommodation Zone 
6	Figures 1 – 8 

Omit

3.7	Industrial IZ1 General Zone Development Table
7	Figures 1 - 2

Omit	

3.8	Industrial IZ2 Mixed Use Zone Development Table
8	Figure 1

Omit

3.9	Community Facility Zone Development Table
9	Figures 1 - 2

Omit

3.10	Parks and Recreation PRZ1 Urban Open Space Zone Development Table 
10	Figures 1 - 3

Omit

3.11	Non Urban NUZ1 Broadacre Zone Development Table
11	Figures 1 - 7

Omit

3.12	Non Urban NUZ3 Hills, Ridges and Buffer Zone Development Table 
12	Figure 1

Omit

3.13	Non Urban NUZ4 River Corridor Zone Development Table 
13	Figures 1 - 8

Omit
3.14	Non Urban NUZ5 Mountains and Bushland Zone Development Table 
14	Figure 1

Omit

3.15	Beard Precinct Map and Code 
15	Table 1 – Additional prohibited development

Omit:

transport depot
veterinary hospital
woodlot

Interpretation service

Appendix 1

Zone development tables

CZ2 – Business Zone Development Table
EXEMPT DEVELOPMENT
Development approval is not required. Building approval may be required.
On leased land, development must be authorised by a lease.	
Development identified in the Planning and Development Act 2007 as exempt (see sections 133 and 134 of the Act and section 20 and schedule 1 of the Planning and Development Regulation 2008)	
Assessable Development
Development application required. 
On leased land, development must be authorised by a lease.	
MINIMUM ASSESSMENT TRACK 
CODE
Development listed below requires a development application and is assessed in the code track	
Development	
No development identified.
	
MINIMUM ASSESSMENT TRACK 
MERIT
Development listed below requires a development application and is assessed in the merit track, unless specified in schedule 4 of the Planning and Development Act 2007 (as impact track) or specified as prohibited development in a precinct map.	
Development 	
ancillary use	minor road	
car park	minor use	
civic administration	NON RETAIL COMMERCIAL USE	
club	outdoor recreation facility	
COMMERCIAL ACCOMMODATION USE	parkland	
communications facility	pedestrian plaza	
COMMUNITY USE	place of assembly	
consolidation	public transport facility	
craft workshop	recyclable materials collection	
demolition	RESIDENTIAL USE	
 
development in a location and of a type indentified in a precinct map as additional merit track development	restaurant	
drink establishment	SHOP	
emergency services facility	sign	
home business	subdivision	
indoor entertainment facility	temporary use	
indoor recreation facility	tourist facility	
MINIMUM ASSESSMENT TRACK 
IMPACT
Development listed below requires a development application and is assessed in the impact track	
1.	 Development that is not:
a.	Exempt code track or merit track development; or
b.	Prohibited development other than development that is permitted under s137 of the Planning and Development Act 2007.	
2.	Development specified in schedule 4 of the Planning and Development Act 2007 and not listed as a prohibited use in this table.	
3.	Development that is authorised by a lease and listed as a prohibited use in this table.	
4.	Development declared under section 123 or section 124 of the Planning and Development Act 2007 and not listed as a prohibited development in this table.	
5.	Varying a lease add a use assessable under the impact track.	
PROHIBITED DEVELOPMENT	
Development listed below is prohibited development unless the development is identified elsewhere in this development table as assessable under the code, merit or impact track.	
agriculture	mining industry	
airport	mobile home park 	
animal care facility	municipal depot 	
animal husbandry	nature conservation area 	
aquatic recreation facility	offensive industry 	
boarding house	overnight camping area 	
bulk landscape supplies	plant and equipment hire establishment	
caravan park/camping ground	plantation forestry	
cemetery	playing field	
corrections facility	produce market	
defence installation	railway use	
development in a location and of a type identified in a precinct map as additional prohibited development	recycling facility	
drive-in cinema	road	
farm tourism	sand and gravel extraction	
freight transport facility	scientific research establishment	
funeral parlour	service station	
general industry	stock/sale yard	
group or organised camp	store	
hazardous industry	transport depot	
hazardous waste facility	varying a lease to add a use listed as “prohibited development” in this development table	
incineration facility	vehicle sales	
industrial trades	veterinary hospital	
land fill site	warehouse	
land management facility	waste transfer station	
light industry (except for craft workshop)	woodlot	
liquid fuel depot	zoological facility	
MAJOR UTILITY INSTALLATION		
RELEVANT CODE	
Development proposals must comply with the Commercial Zones Development Code.	
NOTE ABOUT ANCILLARY, MINOR AND TEMPORARY USE	
Some development that would otherwise be prohibited may be assessed under the merit track if they can be defined as ancillary, minor or temporary use.  For example, a store alone is prohibited, but could be considered if it is ancillary to a shop which is an assessable development under the merit track.	

CZ3 – Services Zone Development Table

EXEMPT DEVELOPMENT
Development approval is not required. Building approval may be required.
On leased land, development must be authorised by a lease.	
Development identified in the Planning and Development Act 2007 as exempt (see sections 133 and 134 of the Act and section 20 and schedule 1 of the Planning and Development Regulation 2008)	
Assessable Development
Development application required. 
On leased land, development must be authorised by a lease.	
MINIMUM ASSESSMENT TRACK 
CODE
Development listed below requires a development application and is assessed in the code track	
Development	
No development identified
	
MINIMUM ASSESSMENT TRACK 
MERIT
Development listed below requires a development application and is assessed in the merit track, unless specified in schedule 4 of the Planning and Development Act 2007 (as impact track) or specified as prohibited development in a precinct map.	
Development	
ancillary use	NON RETAIL COMMERCIAL USE	
car park	outdoor recreation facility	
civic administration	parkland	
club	pedestrian plaza	
COMMERCIAL ACCOMMODATION USE	place of assembly	
communications facility	plant and equipment hire establishment	
COMMUNITY USE	produce market	
consolidation	public transport facility	
craft workshop	recyclable materials collection	
demolition	RESIDENTIAL USE	
development in a location and of a type indentified in a precinct map as additional merit track development	restaurant	
drink establishment	service station	
emergency services facility	SHOP	
freight transport facility	sign	
funeral parlour	store	
home business	subdivision	
indoor entertainment facility	temporary use	
indoor recreation facility	tourist facility	
industrial trades	transport depot	
light industry	vehicle sales	
minor road	veterinary hospital	
minor use	warehouse	
municipal depot		
MINIMUM ASSESSMENT TRACK 
IMPACT
Development listed below requires a development application and is assessed in the impact track	
1.	Development that is not:
a.	Exempt code track or merit track development; or
b.	Prohibited development other than development that is permitted under s137 of the Planning and Development Act 2007.	
2.	Development specified in schedule 4 of the Planning and Development Act 2007 and not listed as a prohibited use in this table.	
3.	Development that is authorised by a lease and listed as a prohibited use in this table.	
4.	Development declared under section 124 or section 125 of the Planning and Development Act 2007 and not listed as a prohibited development in this table.	
5.	Varying a lease to add a use assessable under the impact track.	
PROHIBITED DEVELOPMENT	
Development listed below is prohibited development unless the development is identified elsewhere in this development table as assessable under the code, merit or impact track.	
agriculture	land management facility	
airport	liquid fuel depot	
animal care facility	MAJOR UTILITY INSTALLATION	
animal husbandry	mining industry	
aquatic recreation facility	mobile home park	
boarding house	nature conservation area	
bulk landscape supplies	offensive industry 	
caravan park/camping ground	overnight camping area	
cemetery	plantation forestry	
corrections facility	playing field	
defence installation	railway use	
development in a location and of a type identified in a precinct map as additional prohibited development	recycling facility	
drive-in cinema	road	
farm tourism	sand and gravel extraction	
general industry	scientific research establishment	
group or organised camp	stock/sale yard	
hazardous industry	varying a lease to add a use listed as “prohibited development” in this development table	
hazardous waste facility	waste transfer station	
incineration facility	woodlot	
land fill site	zoological facility	
RELEVANT CODE	
Development proposals must comply with the Commercial Zones Development Code.	
NOTE ABOUT ANCILLARY, MINOR AND TEMPORARY USE	
Some development that would otherwise be prohibited may be assessed under the merit track if they can be defined as ancillary, minor or temporary use.  For example, a scientific research establishment alone is prohibited, but could be considered if it is ancillary to a NON RETAIL COMMERCIAL USE which is an assessable development under the merit track.	

CZ5 – Mixed Use Zone Development Table

EXEMPT DEVELOPMENT
Development approval is not required. Building approval may be required.
On leased land, development must be authorised by a lease.	
Development identified in the Planning and Development Act 2007 as exempt (see sections 133 and 134 of the Act and section 20 and schedule 1 of the Planning and Development Regulation 2008)	
Assessable Development
Development application required. 
On leased land, development must be authorised by a lease.	
MINIMUM ASSESSMENT TRACK 
CODE
Development listed below requires a development application and is assessed in the code track	
Development	
No development identified
	
MINIMUM ASSESSMENT TRACK 
MERIT
Development listed below requires a development application and is assessed in the merit track, unless specified in schedule 4 of the Planning and Development Act 2007 (as impact track) or specified as prohibited development in a precinct map.	
Development	
ancillary use	multi-unit housing	
boarding house	NON RETAIL COMMERCIAL USE	
car park	outdoor recreation facility	
communications facility	parkland	
COMMUNITY USE	pedestrian plaza	
consolidation	place of assembly	
demolition 	public transport facility	
development in a location and of a type indentified in a precinct map as additional merit track development	relocatable unit	
emergency services facility	RESIDENTIAL USE	
guest house	restaurant	
home business	serviced apartment 	
hotel	SHOP	
indoor recreation facility	sign	
minor road	subdivision	
minor use	temporary use	
motel		
MINIMUM ASSESSMENT TRACK 
IMPACT
Development listed below requires a development application and is assessed in the impact track	
1.	Development that is not:
a.	Exempt code track or merit track development; or
b.	Prohibited development other than development that is permitted under s137 of the Planning and Development Act 2007.	
2.	Development specified in schedule 4 of the Planning and Development Act 2007 and not listed as a prohibited use in this table.	
3.	Development that is authorised by a lease and listed as a prohibited use in this table.	
4.	Development declared under section 124 or section 125 of the Planning and Development Act 2007 and not listed as a prohibited development in this table.	
5.	Varying a lease to add a use assessable under the impact track.	
PROHIBITED DEVELOPMENT	
Development listed below is prohibited development unless the development is identified elsewhere in this development table as assessable under the code, merit or impact track.	
agriculture	MAJOR UTILITY INSTALLATION	
airport	mining industry	
animal care facility	mobile home park	
animal husbandry	municipal depot	
aquatic recreation facility	nature conservation area	
bulk landscape supplies	offensive industry 	
caravan park/camping ground	overnight camping area	
cemetery	plant and equipment hire establishment	
civic administration	plantation forestry	
club	produce market	
corrections facility	railway use	
craft workshop	recyclable materials collection	
defence installation	recycling facility	
development in a location and of a type identified in a precinct map as additional prohibited development	road	
drink establishment	sand and gravel extraction	
drive-in cinema	scientific research establishment	
farm tourism	service station	
freight transport facility	stock/sale yard	
funeral parlour	store	
general industry	tourist facility	
group or organized camp	tourist resort	
hazardous industry	transport depot	
hazardous waste facility	varying a lease to add a use listed as “prohibited development” in this development table	
incineration facility	vehicle sales	
indoor entertainment facility	veterinary hospital	
industrial trades	warehouse	
land fill site	waste transfer station	
land management facility	woodlot	
light industry	zoological facility	
liquid fuel depot		
RELEVANT CODE	
Development proposals must comply with the Commercial Zones Development Code.	
NOTE ABOUT ANCILLARY, MINOR AND TEMPORARY USE	
Some development that would otherwise be prohibited may be assessed under the merit track if they can be defined as ancillary, minor or temporary use.  For example, a store alone is prohibited, but could be considered if it is ancillary to a shop which is an assessable development under the merit track.