National Capital Plan – Amendment 91 – City and Gateway Urban Design Provisions1

Australian Capital Territory (Planning and Land Management) Act 1988

I, Sussan Ley, Assistant Minister for Regional Development and Territories, approve this amendment of the National Capital Plan under section 19(1)(a) of the Australian Capital Territory (Planning and Land Management) Act 1988.

Dated 1 April 2019

SUSSAN LEY

Assistant Minister for Regional Development and Territories

 

 

1 Name of instrument

  This instrument is the National Capital Plan – Amendment 91 – City and Gateway Urban Design Provisions.

2 Commencement

  This instrument commences on the date of its registration.

3 Amendment of National Capital Plan

  Schedule 1 amends the National Capital Plan.

 

 

 

Schedule 1 Amendment

(section 3)

 

The National Capital Plan is amended by the following:

 

  1. Delete section 4.22 and replace with:

4.22 Special Requirements for National Land

It is in the interest of the National Capital that all National Land achieve a quality of development which reflects Canberra’s significance as the National Capital, and that proposals be assessed in relation to the provisions of the Plan.

Development, including subdivision and leasing proposals, of all National Land not included in a Designated Area of this Plan, is to conform to Development Control Plans agreed by the National Capital Authority.  The exception to this requirement is National Land flanking Northbourne Avenue and outside a Designated Area, which must conform with the requirements at section 4.28 of the Plan.

Development Control Plans are to meet the following requirements:

  1. Adverse environmental impacts from on-site developments, on adjacent land and development, must be identified and redressed to the extent practicable.
  2. Adequate provision should be made where appropriate for visitors to sites.
  3. Functional relationships between uses within and external to the site must be provided for.
  4. Consistency in the external design and site layout of buildings and landscaping will be sought.
  5. Satisfactory arrangements must be made for parking accommodation and vehicular access and egress. Traffic impacts of development will be taken into account.

Development proposals for National land, including subdivision, and proposals to lease National Land, will be subject of consideration by the National Capital Authority who will assess proposals to ensure they are not inconsistent with the provisions of the Plan and any relevant Development Control Plan.

 

2.      Delete section 4.23 and replace with:

4.23 Main Avenues

It is in the interests of the National Capital that development flanking main avenues in the city is of a type and quality that will enhance the role and status of the city. For the purposes of Special Requirements, the Main Avenues are:

These Special Requirements apply to development on land (not included within Designated Areas) adjacent to the Main Avenues identified above.

Development, except in relation to Northbourne Avenue, is to conform to Development Control Plans (agreed by the National Capital Authority) which seek to secure the integrity of the Main Avenues as Approaches to the Parliamentary Zone and ensure that the setting, buildings and purposes of development enhance that function.

Development Control Plans and development must:

Development Control Plans must:

For Northbourne Avenue, development must conform to the Special Requirements set out in Section 4.28 City and Gateway Corridor, of the National Capital Plan. The provisions of section 4.28 apply to both Territory Land and National Land sites.

Notes:

Where maximum heights are already exceeded by existing buildings, extensions or rebuilding up to the height of the existing building is permitted.

3.      Delete section 4.24 and replace with:

4.24 Approach Routes

It is in the interest of the National Capital that development flanking Approach Routes to the city is of a type and quality complementary to the role and status of the city. Special Requirements apply to the following Approach Routes:

These Special Requirements apply to development on all land (not included within Designated Areas) which fronts directly onto the Approach Routes AND is not more than 200 metres from their middle lines.

Development, except in relation to the Federal Highway, is to conform to Development Control Plans agreed by the National Capital Authority, which seek to enhance the surrounding predominantly rural character and landscape outside the urban areas. As the Approach Routes enter the built up areas, the emphasis will shift to a more formal character.

4.      Add a new section 4.28 titled ‘City and Gateway Corridor’ as follows:

4.28 City and Gateway Corridor

These Special Requirements apply to development on all land (not included within Designated Areas):

Northbourne Avenue and the Federal Highway are defined in Figure 145.

Drawing showing the extent of the Federal Highway and Northbourne Avenue for the purposes of section 4.28 of the National Capital Plan. Northbourne Avenue extends from Barry Drive/Cooyong Street to Antill/Mouat Streets. The Federal Highway extends from Antill/Mouat Streets to the ACT/NSW border.

Figure 145: Extent of Northbourne Avenue and the Federal Highway for the purposes of section 4.28

A traveller’s first perception of a city’s character is gained upon approach and arrival. When arriving in Canberra it is important that the traveller is aware of the special symbolic and functional significance of the National Capital. The Federal Highway is a principal northern approach route to the National Capital, transitioning into Northbourne Avenue.

Design and development of the corridor should heighten the traveller’s first perception of the National Capital, and enhance recognition of the special symbolic and functional significance of the National Capital. Expectations should be built up by progressively formalising the design character as the corridor approaches the city centre.

As the final approach to the city centre and Central National Area, the design of Northbourne Avenue and development flanking the avenue, should be of a standard that places it alongside other significant urban boulevards both nationally and internationally. Northbourne Avenue should be distinguished by a formality that is uniquely Australian.

  1. Create an identifiable approach, which increases in formality as it gets closer to the city centre and Central National Area, and which clearly signifies the symbolic and functional roles of the National Capital.
  2. Encourage a design-led approach to development with a focus on high quality interfaces between built form and urban landscapes.
  3. Ensure that buildings and landscape exhibit design excellence in recognition of the corridor’s role as a key northern approach route to the city.
  4. Create a landscape setting, including deep root plantings, to provide amenity, assist with climate control, and create comfort for pedestrians.
  5. Encourage sustainability as a base requirement for all new buildings.

Land use for all sites, including both National Land and Territory Land, must be in accordance with the relevant zone identified under the Territory Plan.

Northbourne Avenue

Buildings adjacent to Northbourne Avenue are to be a maximum of 25 metres in height above datum ground level measured from the front boundary adjoining Northbourne Avenue. Where a building includes a residential apartment that incorporates a two story or mezzanine unit, (above ground level), building height may be increased to 27.5 metres.

Buildings at the intersection of Northbourne Avenue with Antill/Mouat Streets are to be a maximum of 32 metres above ground level.

Where building height limits are 25 metres, 27.5 metres or 32 metres, minor building elements for roof top plant, are permitted where they do not increase the building height as it presents to public street frontages. No habitable room or occupiable room (being rooms where people may be present in the normal use of a building) is permitted above maximum prescribed height limits.

Where maximum permitted building heights are already exceeded by existing buildings, extensions or rebuilding up to the height of the existing building is permitted, provided all other planning and design requirements are met.

Development at the intersection of Northbourne Avenue with Macarthur/Wakefield Avenues must accord with Figure 146. Buildings up to RL617 are permitted at the locations identified in this figure. No building elements are permitted above RL617.

Mid-block links on sites at the intersection of Northbourne Avenue with Macarthur/Wakefield Avenues are to be provided through each site connecting rear streets to Northbourne Avenue. The exact locations of mid-blocks links may be determined by proponents. The mid-block links must be a minimum of 10 metres in width, and remain publicly accessible at all times.

Federal Highway

Maximum permitted building heights adjacent to the Federal Highway are:

Any minor building elements, including roof top plant, should not increase the building height as it presents to public street frontages. No habitable room is permitted above maximum prescribed height limits.

Where maximum permitted building heights are already exceeded by existing buildings, extensions or rebuilding up to the height of the existing building is permitted, provided all other planning and design requirements are met.

Maximum building height for development shall:

The extent of developable land to the west of the Federal Highway may be adjusted where public access via a shared path and naturalisation of Sullivans Creek is included as part of a development proposal.             

Schematic drawing showing the planning and design provisions for development sites at the intersection of Northbourne Avenue with Macarthur and Wakefield Avenues. A range of permitted building heights are shown, ranging from 18 metres to RL617. A landscape plaza is to be provided on each site at the corners of the intrsection. Pedestrian pathways must also be provided through each site connecting rear streets with Northbourne Avenue.

Figure 146: Development requirements, including permitted building heights, at the intersection of Northbourne Avenue with Macarthur/Wakefield Avenues

 

Drawing showing permitted building heights for land flanking the Federal Highway between Antill/Mouat Streets and Phillip Avenue/Flemington Road. Building heights on either 12 metres of 18 metres are permitted, with taller building heights permitted closer to Antill/Mouat Streets.

Figure 147: Permitted building heights from Antill/Mouat Streets to Phillip Avenue and Flemington Road

Northbourne Avenue

Buildings must be set back a minimum of 10 metres from the property boundary adjacent to Northbourne Avenue.

Basements and balconies must not extend into the setback area adjacent to Northbourne Avenue. Minor encroachment such as awnings or architectural details may be considered if the materials and design are such that the visual integrity of the building line is retained.

Service areas and facilities such as loading zones, water/gas metres, water tanks, waste enclosures, and basement ramps are not permitted forward of the building line on the Northbourne Avenue frontage.

A composition of soft landscaping must be provided between the building line and block boundaries to Northbourne Avenue and major cross streets. Hard surfacing, other than for pathways and driveways, should be avoided. Parking spaces and porte cochere vehicle drop off areas are not permitted.

Rear and side setbacks must be in accordance with the relevant provisions of the Territory Plan.

Federal Highway

Minimum required building setbacks to the Federal Highway are to be in accordance with Figures 148 and 149, and as follows:

Service areas and facilities such as loading zones, water/gas metres, water tanks, waste enclosures, and basement ramps are not permitted forward of the building line on the Federal Highway frontage where associated with multi-unit housing proposals.

A composition of soft landscaping must be provided between the building line and block boundaries to Northbourne Avenue and major cross streets. Hard surfacing, other than for pathways and driveways, should be avoided. Parking spaces and porte cochere vehicle drop off areas are not permitted where associated with multi-unit housing proposals.

All other setbacks must be in accordance with the relevant provisions of the Territory Plan.


 

 

Drawing showing required building setbacks for the southern section of the Federal Highway.

Figure 148: Required building setbacks for Federal Highway (south)

 

Drawing showing required building setbacks for the northern section of the Federal Highway.

Figure 149: Required building setback for Federal Highway (north)

Minimum separation distances for buildings are:

Building height

Between windows in habitable rooms/unscreened balconies

Between windows in habitable and non-habitable rooms

Between non-habitable rooms

Up to 4 storeys

12m

9m

6m

5 to 8 storeys

18m

12m

9m

9 storeys and above

24m

18m

12m

Where blocks have a front boundary to Northbourne Avenue less than 35 metres wide, building separation distances may be reduced provided all of the following are achieved:

Where a building is located on a block abutting a lower density zone, building setbacks to the relevant boundary of sites zoned for lower density should be increased by three metres.

Greater building separation may be required by the Territory planning authority where increased building separation may achieve better amenity outcomes.

Building separation is measured from the outer face of external walls or outer edge of balconies as relevant. When applying building separation distances to buildings on adjoining sites, apply half the minimum separation distance measured to the boundary where possible.

Note:

Minimum building separation distances apply to buildings within development sites, between residential and non-residential uses, and to buildings on adjacent sites with a shared boundary.

Long buildings that limit permeability, block views, and disrupt a pedestrian-scaled neighbourhood system should be avoided.

Buildings are limited to a maximum length of 55 metres. Longer buildings may be permitted at lower building levels where strong design justifications is provided, such as provision of continuous, active street frontages. Where this is the case, pedestrian mid-block links between 5 and 10 metres wide must be provided at least once every 55 metres through the built form. Longer buildings may also be permitted at the intersection of Northbourne Avenue with Macarthur/Wakefield Avenues, where the buildings run perpendicular to the Northbourne Avenue.

Façade design is to include the use of articulation and modulation to clearly express the organisational or structural grid of the buildings, and to break up the mass of longer buildings.

A balance of light and shadow on the façade is to be created throughout the day through the use of balconies, deeper window reveals, integrated shading, rebates, and expression of structural elements.

Façade materials must be of high quality. A use of robust, low maintenance materials in the higher parts of a building, and natural, tactile and visually interesting materials at the lower levels should be used. Corrugated metal building materials as wall cladding is not permitted for those parts of a building visible from Northbourne Avenue or the Federal Highway.

Building entries must be clearly defined and identifiable from the street.

 Private open space must be incorporated into the design of all residential dwellings. The following provisions apply to proposals for multi-unit housing or where multi-unit housing is a component of the development.

Minimum balcony areas for dwellings wholly on an upper floor level are:

For dwellings wholly or partially at ground level or on a podium or similar structure, a private open space must be provided of the following minimum size:

Storage units, or plant and equipment (including air conditioning plant) are not permitted on balconies. Clothes drying facilities may be provided where they are screened from view of streets and other public spaces.

Balconies must be designed to allow views and passive surveillance of the street while maintaining visual privacy and allowing for a range of uses on the balcony. Balconies must be designed in accordance with the following:

To maintain visual and acoustic privacy, partitions between adjoining balconies must be constructed of solid materials designed to have low noise penetration properties. Glazing or other light weight materials are not permitted as a partition between balconies. Operable screens, shutters, hoods and pergolas are encouraged to control sunlight and wind.

Private open spaces must not extend more than four metres into the building setback area, and must not occupy more than 40 per cent of a building frontage.

The design of the roof should be integrated into the architecture of the building, use high quality materials, and provide a positive addition to the streetscape. Continuous, horizontal parapets extending the full length of the building are not permitted.

Service elements and roof top plant must be integrated into roof design and not be visible from public areas, including streets.

The design of roofs and parapets should be articulated and express the layout and structure of the building.

Roof design should incorporate sustainability features to maximise solar access to internal building spaces during winter and provide shade during summer.

Communal open space areas and rooftop gardens may be considered. Fully enclosed structures on roof tops are not permitted. Structures such as pergolas must not occupy more than 10 per cent of the total roof area and must be set back a minimum of three metres from the façade below.

For sites between Panton Street/Barton Highway and ACT/NSW border, flat roofs or facades with wide fascias giving the impression of a flat roof are not permitted.

Ceiling heights should promote natural ventilation and daylight access to internal building spaces, and contribute to the flexibility of building use over the life of the building.

Northbourne Avenue

Minimum floor to ceiling heights within buildings on sites adjacent to Northbourne Avenue shall be as follows:

Ground floor directly facing Northbourne Avenue (uses other than residential) – 6.0 metres (mezzanine permitted over 30% of ground floor)

Ground floor (residential) – 3.3 metres

Ground floor (other uses, including commercial/office use) – 3.6 metres

Residential (general) –

Federal Highway

Minimum floor to ceiling heights within buildings on sites fronting the Federal Highway shall be as follows:

Ground floor (all uses except residential) – 3.6 metres

Residential (general) –

Attic spaces are permitted, with a 1.8 metre minimum wall height at edge of room with a 30 degree minimum ceiling slope.

The layout of rooms within an apartment must be functional, well organised and provide a high standard of amenity. Dwellings are required to have the following minimum internal areas:

Dwelling type

Minimum internal area

Studio

40m²

1 bedroom

50m²

2 bedroom

70m²

3 bedroom

100m²

 

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m² each. Additional bedrooms increase the minimum internal area by 12m² each.

The maximum number of dwellings off a circulation core on a single level must be no more than nine.  A high level of amenity for common lobbies and corridors should be demonstrated through the provision of access to ample daylight and natural ventilation, common areas for seating and gathering, and generous corridors with greater than minimum ceiling heights.

Corridors longer than 12 metres from the lift core should be articulated, for example by a series of foyer areas with windows and spaces for seating, and wider areas at apartment entry doors and varied ceiling heights.

Primary living room or bedroom windows must not open directly onto common circulation spaces.

Energy efficiency

Development should incorporate passive solar design to optimise heat storage in winter and reduce heat transfer in summer. Potential design options include the use of smart glass or other technologies (particularly on north and west elevations), maximising thermal mass in the floors and walls of north facing rooms, overhangs and shading devices such as awnings, blinds and screens.

Operable screening such as louvres, sliding, folding or retractable elements should be designed to provide shade and protection from natural elements. Operable screening elements must be integrated with building design.

Building design must incorporate shading and glare control, particularly to manage sun penetration in warmer months. Design features could include:

Residential use

 Developments with residential components must provide a variety of apartment designs such as dual aspect apartments, shallow apartment layouts, two storey and mezzanine level apartments. Building design must achieve the following:

All habitable rooms must have an operable window in an external wall with a total minimum glass area of not less than 15% of the floor area of the room. Courtyards, skylights and high level windows (with sills above 1700mm) may only be used as a secondary light source in habitable rooms.

‘Snorkel’ arrangements are not permitted as a mechanism to provide natural light or ventilation.

All habitable rooms should be naturally ventilated. Building design should demonstrate consideration of the building’s orientation to maximise capture and use of prevailing breezes, depths of habitable rooms, openable windows and the use of awnings and louvres to funnel breezes. Light wells must not be the primary air source for habitable rooms.

The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents. At least 60% of apartments should be naturally cross ventilated in the first nine storeys of a building.

Finished ground floor levels set below the adjacent finished public footpath pavement levels on Northbourne Avenue and the Federal Highway are not permitted. The fall from the building entrance to the kerb must generally be less than 2%. Where datum ground level of a site is below the adjacent footpath level, ground floor levels must not be set below datum ground level.  

Where residential use is proposed at ground floor level, a vertical separation up to 450mm above the adjoining finished ground level within the site or adjacent verge is permitted to assist in providing privacy.

Where commercial uses are located on ground floors of buildings, buildings must be designed to ensure a direct connection for building users to the adjacent verge and setback area to ensure street continuity.

Service areas must be integrated within the building design to avoid impacting the public domain. Basement car parks and ramps to basement car parks must not be visible from the street.

Landscape design for development along the Federal Highway and Northbourne Avenue corridor is a fundamental character feature of the gateway into the city centre. It should unite development with the existing landscape character of Canberra, soften the impact of larger building form and provide visual relief to the urban condition, consistent with Canberra’s status as the bush capital.

New plantings must not diminish the heritage significance of places and objects on the ACT Heritage Register, or affect public appreciation of the qualities of these places. Development must provide substantial tree and understorey planting, supported by functional, safe and attractive areas of open space. Development must continue to deliver Canberra as a city in a landscape.

The spaces between buildings must be landscaped to a high quality and promote green links between the private and public domain.

Landscape spaces must be designed to clearly differentiate between areas intended for public and private use, maximising the functionality of both. Landscaped areas must be designed for maximise user comfort and safety.

Planting within front setback areas should consist primarily of trees, as opposed to shrubs or other low vegetation. A minimum of 30 per cent of plantings within setback areas should be capable of achieving at least 15 metres in height. 

All developments must renew the adjacent road verge in accordance with the principles outlined in this section.

Mature trees should be retained to the maximum extent practicable and integrated into landscape design. Where existing trees must be removed, they must be compensated for by planting elsewhere on site.

Landscape design must enhance environmental performance and microclimate. This could be achieved by planting appropriate trees near eastern and western façades for shade, planting a mix of evergreen and deciduous trees to provide shade in summer and allow sunlight access in winter, and incorporating green walls and roofs into building design.

All Landscaping within development sites must complement the landscape design themes evident in the corridor:

ACT/NSW Border to Stirling Avenue

Development must meet the requirements for the identified landscape realms and themes for the Federal Highway at section 4.15.4 of the National Capital Plan.

South of Stirling Avenue

The scale of landscape must respond primarily to the height of adjacent buildings, ensuring the landscape is the dominant element. Built form should be screened through the use of plant material.

Between Stirling Avenue and Antill/Mouat Street, an ‘informal park boulevard’ should be established. This ‘informal park boulevard’ should primarily comprise tree species endemic to the Canberra region and capable of reaching 20 metres in height. Species such as Eucalyptus melliodora, Eucalyptus microcarpa and Eucalyptus polyanthemos are considered suitable. Spacing between trees should be no greater than 15 metre centres.

South of Antill/Mouat Streets

A ‘formal landscape avenue’ containing consistent street tree planting within the verge and extending into the front setback area.

Landscape design must reflect the formality of Northbourne Avenue, and include rows of trees, regulatory in planting, and formal hedging.

Landscape design and planting should respond to Canberra’s blend of endemic and introduced species, reinforcing the ‘bush capital’. Plant species should be chosen for their effectiveness and adaptability to Canberra’s climate to reduce heat islands and to maximise shade.

Development adjacent to Sullivans Creek must assist in enhancing Sullivans Creek as a multi-functional creek corridor that enhances environmental values, improves ecological connectivity and wildlife, and integrates Aboriginal heritage and culture into its design. Proposals must demonstrate how the following objectives are met:

The naturalisation of Sullivans Creek must be explored by proponents as a way of improving stormwater management of the waterway, and enhancing ecological values.

A planting zone, no less than five metres wide, should be provided within the front setback areas and be retained for deep soil planting.

Front setback areas should be retained for deep soil planting.

A minimum deep soil zone dimension of five metres should be applied where located on site.

Deep soil zones should be located to retain existing significant trees and to allow for the development of healthy root systems, providing anchorage and stability for mature trees. Landscape and building design must demonstrate:

Northbourne Avenue

Vehicle access, including verge crossings and driveways, to sites shall be located and designed to ensure pedestrian and cycle priority. The design of vehicle access arrangements to sites fronting Northbourne Avenue should ensure that pedestrian and cyclist desire lines and paths are maximised, the width of the vehicle access way is minimised and its materials integrate with landscaping within the verge and setback.

Where possible, sites should share vehicle access via a shared space with adjoining properties that extends from Northbourne Avenue to the rear street frontage. The space should be designed to prioritise pedestrian and cyclist movement, contain high quality public realm treatments, including tree planting, footpaths and lighting that add visual interest.

Where a site cannot accommodate shared access arrangements, a maximum of one crossover per block is permitted. The crossover and driveway should be located along or close to the side boundaries rather than towards the centre of the block.

To minimise potential conflicts, pedestrian and cyclist, and vehicle access to sites should be clearly separated and distinguishable. This may include changes in surface materials, level changes, or the use of landscaping for separation.

Car parking should be provided in basements. Podium and multi-level car parking structures fronting Northbourne Avenue are not permitted. On-grade parking is discouraged and will only be permitted if the following criteria are met:

Car park entries should be located away from Northbourne Avenue.

A traffic and parking assessment should accompany development proposals for any site for consideration by the relevant authority.

Federal Highway

The visual impact of large car parking areas must be minimised through adequate screening and landscape treatment that appropriately considers view lines and safety. Podium and multi-level car parking structures fronting the Federal Highway are not permitted.

Careful consideration should be given to the access, internal circulation and parking of service and heavy goods vehicles within the area.

A traffic and parking assessment should accompany development proposals for any site, for consideration by the relevant authority.

All outdoor lighting, including security and car park lighting, must be designed and sited to minimise light pollution. All outdoor lighting (including lighting fixed to structures) must use full cut-off light fittings. Any uplighting of buildings should be carefully designed to keep night time overspill and glare to a minimum.

Specialty lighting should be used to highlight any ACT border marker.

Northbourne Avenue

Careful consideration should be given to the integration of signs with building design and landscaping to ensure they do not detract from the Northbourne Avenue frontage. Any signage not affixed to a building must be within a landscape setting.

Signage across a site should be designed in accordance with a cohesive and coordinated theme, and respond to the scale, proportion and detailing of the development.

To minimise visual clutter, individual commercial tenancies should have no more than one sign fronting Northbourne Avenue. For residential development, a single wall sign is permitted, of no more than 10% in size of the façade on which it is located. Larger developments may include legible and discrete way finding signage. 

Permitted road signs are those that could reasonably be expected along a main thoroughfare, such as directional signage and street signs, and that are required by relevant traffic authorities. No commercial advertising is permitted on road signs.

Changeable message signs, animated or flashing signs, and third party advertising signs are not permitted on building facades or roofs visible from, or within setback areas to, Northbourne Avenue.

Federal Highway

Careful consideration should be given to the integration of signs with building design and landscaping to ensure they do not detract from the Federal Highway frontage. Any signage not affixed to a building must be within a landscape setting.

Signage across a site should be designed in accordance with a cohesive and coordinated theme, and respond to the scale, proportion and detailing of the development.

All signs on buildings must be below the eaves or parapet capping of a building. A maximum of one wall sign visible from the Federal Highway road frontage will be permitted per building. The maximum permitted size of a wall sign is four square metres, or 10% of all space, whichever is the lesser.

Permitted road signs are those that could reasonably be expected along a main thoroughfare, such as directional signage and street signs, and that are required by relevant traffic authorities. No commercial advertising is permitted on road signs.

A single free standing pylon/column sign is permitted for the EPIC service station site (Block 4 Section 72 Lyneham and Block 429 Gunaghlin). No other free standing signage is permitted.

Temporary freestanding signage will be permitted where associated with events at EPIC. Such signage must be consistent with Territory signage policies or the Signs General Code of the National Capital Plan, depending on location.

Fencing along site frontages to Northbourne Avenue, or within the setback area to Northbourne Avenue, is not permitted.

Private open space for ground floor dwellings fronting Northbourne Avenue may be enclosed by courtyard walls. Courtyard walls to private open space fronting Northbourne Avenue must be:

For sites fronting the Federal Highway, fences are to be designed in a manner that is integral with the landscape design using high quality materials. The use of pre-coloured metal, chain-link, barbed or razor wire is not permitted where visible from the Approach Route.

All fencing to site boundaries must not be bulky or obtrusive.

Design concepts for any development or redevelopment proposals must be considered by the National Capital Design Review Panel (NCDRP) prior to a development application being lodged with the National Capital Authority where the proposal is on National Land, or the Territory planning authority where the proposal is on Territory Land. Proposals involving only extensions to existing buildings and/or refurbishment proposals involving substantial external works will be considered by the NCA and Territory planning authority on a case-by-case as to whether they are subject to the design review process. The exception to these requirements are development proposals relating to single dwelling housing and secondary residences, which are not subject to the design review process.

Each item raised in the advice provided by the NCDRP must be addressed by a proponent and subsequently be considered during the assessment of any proposal by either the National Capital Authority or Territory planning authority.

For the purposes of section 4.28, the definitions of the Territory Plan apply.

5.      Add the following definitions, in alphabetical order, to Appendix B – General definitions:

Datum ground level

Means the surface ground level as determined in a field survey authorised by a registered surveyor:

  1. at the time of Operational Acceptance for subdivision; or
  2. if a. is not available, provided no new earthworks have occurred; or
  3. at the date of grant of the lease of the block;

whichever is the earliest.

Where a., b. or c. is not available, datum ground level is the best estimate of the surface ground level determined in a field survey considering the levels of the immediate surrounding area and authorised by a registered surveyor.

Deep soil zone

Means an area of soil within a development that is unimpeded by buildings or structures above and below ground, and which has sufficient dimensions to allow for the growth of healthy trees. Deep soil zones exclude basement car parks, services, swimming pools, tennis courts and impervious surfaces including car parks, driveways, podium and roof areas.

Habitable (including habitable room)

Means a room within a dwelling capable of being lawfully used for the normal domestic activities of living, sleeping, cooking or eating, and –

  1. includes a bedroom, study, living room, family room, kitchen, dining room, home theatre, rumpus room; but
  2. does not include a bathroom, laundry, utility room, hallway, garage or other spaces of a specialised nature occupied either frequently or for extended periods.

6.      Amend the National Capital Plan to recognise consequential changes to page numbers, figure numbers and text references, and contents page.

 

 

 

 

 

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislative Instruments Act 2003. See http://www.legislation.gov.au.