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3. Planning and Legislation

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3. Planning and Legislation Capital Metro Authority Capital Metro Russell Extension Project - Preliminary Environmental Assessment 3. Planning and legislation 3.1 Overview The planning approvals process for the Project would comprise a mix of both Territory and Commonwealth requirements as the Project corridor falls under the administrative authority of both the National Capital Authority (NCA) and the ACT Government through the Environment and Planning Directorate (EPD). The authority jurisdictions of the NCA and EPD are discussed in section 3.2 below. This Chapter provides an overview of the applicable planning and approvals process that the Russell Extension Project would be required to follow to gain approval. 3.1.1 Approach to planning approvals for the Russell Extension Project As noted above, the Russell Extension Project would be undertaken as Stage 2 of the proposed Civic to Gungahlin Project (Stage 1). An Environmental Impact Statement for the Stage 1 Civic to Gungahlin Project and is currently (as at September 2015) being determined by EPS. As such, the Russell Extension Project environment and planning approvals are being progressed separately to the Stage 1 planning approvals. This approach has the following key implications to the Russell Extension Project: the Environmental Impact Statement (EIS) currently being prepared for the Stage 1 Civic to Gungahlin Project under the ACT Planning & Development Act 2007 (P&D Act) does not address the Russell Extension Project the Stage 1 Gungahlin to Civic Development Application to be submitted to the ACT Government will not address the Russell Extension Project. Similarly, the Works Approval to be submitted to the National Capital Authority (NCA) will also not address the Russell Extension Project the EPBC Act 1999 Referral submitted to the Commonwealth Department of the Environment (DoE) for the Stage 1 Gungahlin to Civic Project will not need to be amended to include the Russell Extension Project and there would be no impact to the decision by the DoE (December 2014) regarding the status of the Stage 1 Civic to Gungahlin Project as being a ‘not-controlled action’. As such this PEA has been prepared to present the preliminary environmental assessment of the potential environmental issues that may occur as part of the construction and operation and outline the planning approval process for the extension. The report has also been prepared to support a referral to the Department of Environment to confirm the Project is not considered to be a controlled action under the EPBC Act 1999. Parsons Brinckerhoff | 2207509A-ENV-REP-008 RevB 11 Capital Metro Authority Capital Metro Russell Extension Project - Preliminary Environmental Assessment 3.2 Land administration All land in the ACT belongs to the Commonwealth and, under the Australian Capital Territory Planning and Land Management Act 1988 (Commonwealth) (P&LM Act), is divided into either: National land – which is managed by the NCA, or Territory land – which is managed through the Territory Plan by the ACT Planning and Land Authority/ EPD under the P&D Act. The alignment of the Project falls under the two administrative authorities: the NCA and the ACT Government. Figure 3.1 provides an overview of each of the administrative authority jurisdictions which are explained further below. Additionally, the P&LM Act also provides for ‘Designated Areas’. These areas may include National or Territory land. The NCA has planning responsibility for Designated Areas however various agencies in the ACT Government may have custodianship and manage Designated Areas on a day to day basis. The Commonwealth owns all land in Canberra. People buy the right to use leased land for a fixed term, usually 99 years. With respect to leasing arrangements and management the: Commonwealth is responsible for National land ACT Government is responsible for Territory land Commonwealth and ACT Government share jurisdiction for Designated Areas, although planning and development approval is the responsibility of the NCA. The components on Northbourne Avenue, London Circuit (a small section near Ainslie Place), Constitution Avenue and within Russell would be located on designated land under the National Capital Plan (NCP) and the NCA would be responsible for the planning and development decisions. This would include the preparation of a Works Approval to be determined by the NCA. The components along the majority of London Circuit would impact Territory land which is under ACT Government administration. Final locations of supporting infrastructure, such as substations and potential construction compounds, would also have the potential to be located on Territory land if located further back from the main alignment. EPD would be responsible for the planning and development decisions on Territory land. This would include the preparation of a development application to be determined for approval by EPD. Figure 3.2 provides an overview of the relevant administrative authority’s approval jurisdictions for both land administered by NCA and ACT Government (EPD) is shown in Figure 3.2. 12 2207509A-ENV-REP-008 RevB | Parsons Brinckerhoff Capital Metro Authority Capital Metro Russell Extension Project - Preliminary Environmental Assessment Figure 3.1 Administrative authority jurisdictions Parsons Brinckerhoff | 2207509A-ENV-REP-008 RevB 13 Capital Metro Authority Capital Metro Russell Extension Project - Preliminary Environmental Assessment Figure 3.2 Administrative authority – approvals 14 2207509A-ENV-REP-008 RevB | Parsons Brinckerhoff Capital Metro Authority Capital Metro Russell Extension Project - Preliminary Environmental Assessment 3.3 Regulatory authority requirements and approval pathways 3.3.1 National Capital Authority NCA development approval under the ACT P&LM Act would be required for proposed works in a Designated Area. As discussed in section 3.3.1.1 below with respect to the Russell Extension Project, this would comprise components on Northbourne Avenue, London Circuit (a small section near Ainslie Place), Constitution Avenue and generally Russell Drive (including the proposed corridor/alignment for Russell Drive associated with the master plan for Constitution Avenue and Anzac Parade (National Capital Plan Appendix T:8)). 3.3.1.1 The National Capital Plan The sections below detail the specific sections of the National Capital Plan which would be relevant to the Russell Extension Project. The Central National Area (Section 1 of the National Capital Plan) The Russell extension would largely be located within the ‘Central National Area’ under the National Capital Plan (see Figure 3.3). The Central National Area is specified as a Designated Area under the Provisions of Section 10 (1) of the ACT P&LM Act. The National Capital Plan identifies that development in the Central National Area is to be guided by The Griffin Legacy. Source: ‘Figure 4: The Central National Area – Key Map (City)’, National Capital Plan Note: Yellow shading identifies the Central National Area. Figure 3.3 The Central National Area – Key Map (City)’, National Capital Plan Parsons Brinckerhoff | 2207509A-ENV-REP-008 RevB 15 Capital Metro Authority Capital Metro Russell Extension Project - Preliminary Environmental Assessment City Hill Precinct (Section 1.3 of the National Capital Plan) City Hill Precinct is central to the implementation of The Griffin Legacy. The National Capital Plan identifies City Hill as a precinct that ‘should take its rightful place as the municipal heart of central Canberra. City Hill Precinct will be reclaimed as Griffin’s symbolic and geographical centre for City – a corner completing the National Triangle as a gateway to the Central National Area and a hub connecting significant main avenues and vistas’ (refer to Figure 3.4). Ongoing design and development of the Russell Extension Project would consider the integration of the light rail with the principles, policies and conditions of the City Hill Precinct described in the National Capital Plan. Based on the current design of the Russell Extension Project there is potential for light rail development to be required on the ‘Road’, and ‘City Centre’ land uses which do not currently expressly permit light rail development. An amendment to the National Capital Plan would be required to ensure the Russell Extension Project is in accordance with the National Capital Plan. Source: ‘Figure 10: The Central National Area (City)’, National Capital Plan Figure 3.4 National Capital Plan – City Hill 16 2207509A-ENV-REP-008 RevB | Parsons Brinckerhoff Capital Metro Authority Capital Metro Russell Extension Project - Preliminary Environmental Assessment Constitution Avenue Precinct (Section 1.5 of the National Capital Plan) Constitution Avenue is a key component of the continued implementation of The Griffin Legacy. The National Capital Plan identifies Constitution Avenue as a precinct proposed to ‘become an elegant and vibrant mixed use grand boulevard linking London Circuit to Russell, increasing the vitality of the Central National Area and completing the National Triangle’ (refer to Figure 3.5). The National Capital Plan notes that this development will be supported by an integrated transport system, broad tree-lined footpaths and outdoor dining and street parking. The National Capital Plan identifies a range of principles for the development of Constitution Avenue, which include the following with relevance to the Russell Extension Project: establish Constitution Avenue as a diverse and active grand boulevard lined with shops, cafes and a mix
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