Australian Capital Territory

Planning and Development (Technical Amendment— miscellaneous amendments) Plan Variation 2013 (No 5)

NOTIFIABLE INSTRUMENT NI2013 — 437 Technical Amendment No 2013—15 made under the Planning and Development Act 2007, section 89 (Making technical amendments)

This technical amendment commences on the day after it is notified.

Technical Amendment Number 2013-15 to the Territory Plan has been approved by the Planning and Land Authority.

Jim Corrigan Delegate of the Planning and Land Authority

27 September 2013

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

ACT Planning and Land Authority

Planning and Development Act 2007

Technical Amendment to the Territory Plan Variation 2013 – 15

Miscellaneous amendments to:  Multi unit Housing Development Code  Access and Mobility General Code  Definitions  Crace Concept Plan  Various Precinct Maps and Codes  Territory Plan Map  Estate Development Code  Bicycle Parking General Code

September 2013

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Contents

1. INTRODUCTION ...... 5

1.1 Purpose ...... 5

1.2 Public consultation ...... 6

1.3 Process ...... 6

1.4 ACT Planning Strategy ...... 6

1.5 Compliance with the Act ...... 6

2. EXPLANATION ...... 7

2.1 Governance ...... 7

2.2 Multi Unit Housing Development Code ...... 7

2.3 Conder Precinct Code and Map ...... 7

2.4 Griffith Precinct Map and Code ...... 7

2.5 Precinct Map and Code ...... 7

2.6 Access and Mobility General Code ...... 8

2.7 Definitions ...... 8

2.8 Crace Concept Plan ...... 8

2.9 Precinct Map and Code ...... 8

2.10 Hall District Precinct Map and Code ...... 9

2.11 District Precinct Map and Code ...... 9

2.12 District Precinct Map and Code ...... 9

2.13 District Precinct Map and Code ...... 9

2.14 District Precinct Map and Code ...... 9

2.15 District Precinct Map and Code ...... 10

2.16 District Precinct Map and Code ...... 10

2.17 Rendezvous Creek District Precinct Map and Code ...... 10

TA2013–15 September 2013 page 2

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

2.18 District Precinct Map and Code ...... 10

2.19 Weston District Precinct Map and Code ...... 10

2.20 Territory Plan map ...... 10

2.21 Estate Development Code ...... 11

2.22 Narrabundah Precinct Map and Code ...... 11

2.23 Bicycle Parking General Code ...... 11

3. TECHNICAL AMENDMENT ...... 12

3.1 Governance ...... 12

3.2 Multi Unit Housing Development Code ...... 12

3.3 Conder Precinct Map and Code ...... 13

3.4 Griffith Precinct Map and Code ...... 14

3.5 Paddys River Precinct Map and Code ...... 14

3.6 Access and Mobility General Code ...... 15

3.7 Crace Concept Plan ...... 15

3.8 Definitions ...... 15

3.9 Hall District Precinct Map and Code ...... 16

3.10 Hall Precinct Map and Code ...... 18

3.11 Belconnen District Precinct Map and Code ...... 20

3.12 Cotter River District Precinct Map and Code ...... 2

3.13 Gungahlin District Precinct Map and Code ...... 3

3.14 Kowen District Precinct Map and Code ...... 4

3.15 Majura District Precinct Map and Code ...... 5

3.16 Mount Clear District Precinct Map and Code ...... 6

3.17 Rendezvous Creek District Precinct Map and Code ...... 7

3.18 Stromlo District Precinct Map and Code ...... 8

3.19 District Precinct Map and Code ...... 9

3.20 Territory Plan map ...... 10

TA2013–15 September 2013 page 3

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.21 Estate Development Code ...... 10

3.22 Narrabundah Precinct Map and Code ...... 11

3.23 Bicycle Parking General Code ...... 12

TA2013–15 September 2013 page 4

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

1. INTRODUCTION

1.1 Purpose This technical amendment will make the following changes to the Territory Plan:

Provision / code Changes Governance The Estate Development Code will now be referred to instead of the redundant Residential Subdivision Development Code. Multi Unit Housing Development Corrections to a word in criterion C40 and C61. Code Precinct maps for the following: Corrections to the precinct map. Conder, Paddys River, and Inner North Griffith Precinct Map and Code Corrections to criterion C14. Access and Mobility General Corrections to Table 1. Code Crace Concept Plan The Crace concept plan is now redundant and will be omitted from the Territory Plan. Hall District Precinct Map and Miscellaneous changes to the precinct map and Code Table 2 Hall Precinct Map and Code Miscellaneous changes to the precinct map and Table 2 Precinct maps for the following Miscellaneous changes to the precinct map districts: Belconnen, Cotter. Gungahlin, Kowen, Majura, Mount Clear, Rendezvous Creek, Stromlo, and Weston Creek Territory Plan map Miscellaneous changes to section 72 block 16 Estate Development Code Correction to Rules R117 note Narrabundah Precinct Map and Miscellaneous changes to the precinct map and Code Table 2 Bicycle Parking General Code Corrections to Table 2 Definitions Correction to the definition of floodplain.

TA2013–15 September 2013 page 5

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

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.

TA2013–15 September 2013 page 6

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

2. EXPLANATION

2.1 Governance 2.1.1 Future Urban Areas Following the commencement of Variation 306, the Residential Subdivision Development Code has been replaced by the Estate Development Code. Therefore the reference to the Residential Subdivision Code under the heading ‘Estate Development’, is to be amended accordingly.

2.2 Multi Unit Housing Development Code 2.2.1 6.4 Principal private open space Criterion C61 c) states ‘directly access from the dwelling’, whereas it should state ‘directly accessible...’ 2.2.2 4.4 Landscape design Criterion C40 b) states ‘planting of tress .....’, whereas it should state ‘planting of trees.....’

2.3 Conder Precinct Code and Map 2.3.1 Conder Precinct Map The Conder precinct map was replaced with an updated version of the map via technical amendment TA2013-03. However, a change to the precinct map which resulted from the commencement of Variation 316 Calwell / Conder was inadvertently omitted.

2.4 Griffith Precinct Map and Code 2.4.1 Griffith Precinct Code Criterion C14 of the Griffith precinct code limits plot ratio to 40% in the Manuka group centre. However, this is incorrect as the criterion should only apply to Griffith section 2. Criterion C19 of the former group centres development code stated that the 40% plot ratio only applied to section 2. The provision was inadvertently not fully carried over into the new suburb precinct codes which were introduced through technical amendment TA2012-06.

Therefore, this omission will be corrected by making reference to area ‘b’ (which represents section 2) and is currently shown in Figure 3 of the Griffith precinct map and code.

2.5 Paddys River Precinct Map and Code 2.5.1 Paddys River Precinct Map In the Paddys River district, additional prohibited development types were relocated from the NUZ5 – Mountains and bushland and NUZ2 – rural zone development tables to the district precinct map. Table 1 of the precinct map identifies additional prohibited development (PD), which in the case of part of

TA2013–15 September 2013 page 7

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

block 291 is agriculture (PD1). However, table 1 also indicates the zone this applies to, which is NUZ5 – Mountains and bushland.

Block 291 is zoned NUZ2 – Rural zone and NUZ4 – River corridor zone, and would therefore not be affected by the PD1 overlay, even though it appears that part of the PD1 overlay overlaps with part of block 291. Therefore the Paddys River precinct map will be amended accordingly.

2.6 Access and Mobility General Code 2.6.1 Table 1 In accordance with Table 1, multi-unit housing only needs to comply with the Access and Mobility General Code if the development is for more than 10 units. However, rule R129 of the Multi Unit Housing Development Code requires a development that consists of 10 or more dwellings to comply with the Access and Mobility General Code. This inconsistency was corrected via technical amendment TA2012-31 by amending Table 1 of the Access and Mobility General Code to refer to the Multi Unit Housing Development Code. However, this change did not solve the problem. Table 1 will be corrected so that the Access and Mobility General Code applies to multi unit housing where a development consists of more than 9 dwellings. This wording reflects the provisions in the proposed Multi Unit Housing Development Code, which has been introduced by Variation 306.

2.7 Definitions 2.7.1 Floodplain The current definition of floodplain cites AEP as Average Exceedance Probability, whereas it should be Annual Exceedance Probability.

2.8 Crace Concept Plan 2.8.1 Crace Concept Plan All future urban area overlays in the division of Crace have been uplifted. Therefore the Crace concept plan is now redundant and will be removed from the Territory Plan.

2.9 Hall Precinct Map and Code 2.9.1 Hall Precinct Map and Table 2 In the Hall precinct map, MT2 and Table 2 identify additional merit track development. However the area identified by MT2, blocks 310, 312 and 22 are not within the division of Hall, rather the area is part of the district of Hall. It was inadvertently carried over into the new Hall Division precinct map and code which was introduced through technical amendment TA2012-06. Therefore the following changes will be made to the Hall Division precinct map:

TA2013–15 September 2013 page 8

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

 MT2 – merit track will be removed from Hall Division precinct map as the majority of this is part of the District of Hall.  Replace the MT2 area on the map with hatching and referring the area to the Hall District Precinct Map.  Table 2 will be amended to remove reference to MT2.  Title of map will be corrected to read Hall Precinct Map.

2.10 Hall District Precinct Map and Code 2.10.1 Hall District Precinct Map Following the corrections made to the Hall Division Precinct Map, the following changes will be made to the Hall District precinct map:  MT1 will be added to blocks 310, 312 and section 22 (MT2 transferred from Hall precinct map and code and renumbered)  Label RC1 will be added  Table 2 additional merit track development will be created describing MT1 2.11 Belconnen District Precinct Map and Code 2.11.1 Belconnen District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced in technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

2.12 Cotter River District Precinct Map and Code 2.12.1 Cotter River District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

2.13 Gungahlin District Precinct Map and Code 2.13.1 Gungahlin District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment. 2.14 Kowen District Precinct Map and Code 2.14.1 Kowen District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

TA2013–15 September 2013 page 9

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

2.15 Majura District Precinct Map and Code 2.15.1 Majura District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

2.16 Mount Clear District Precinct Map and Code 2.16.1 Mount Clear District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

2.17 Rendezvous Creek District Precinct Map and Code 2.17.1 Rendezvous Creek District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

2.18 Stromlo District Precinct Map and Code 2.18.1 Stromlo District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

2.19 Weston District Precinct Map and Code 2.19.1 Weston District Precinct Map Rural block numbers were inadvertently omitted from the precinct map when it was introduced by technical amendment TA2012-06. The current precinct map will therefore be replaced with a revised version via this technical amendment.

2.20 Territory Plan map 2.20.1 Ngunnawal section 72 block 16 With the introduction of Variation 41 in May 1995, block 16 section 72 Ngunnawal was an urban open space, however it was erroneously given a residential land use. Therefore, this error will be amended by changing the zone in the Territory Plan map as PRZ1 – urban open space with an Pe public land overlay.

TA2013–15 September 2013 page 10

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

2.21 Estate Development Code 2.21.1 15.2 Neighbourhood Ovals The note under R117 states “TAMS may endorse.....” whereas it should be “EDD may endorse...... ”.

2.22 Narrabundah Precinct Map and Code 2.22.1 Narrabundah Precinct Map and Table 2 With the introduction of the restructured Territory Plan 2008, additional merit assessable uses that were allowed on Narrabundah section 100, blocks 11, 19 and 21 were erroneously removed. In the pre-2008 Territory Plan, the A3 overlay on section 100 Narrabundah permitted the additional uses of place of worship and religious associated use on blocks 11, 19 and 21. The uses were erroneously removed from the RZ1 development table in the public exhibited version as well as final post-2008 Territory Plan. This omission will be corrected by making reference to area ‘MT4’ (which represents section 100, blocks 11, 19 and 21) and adding additional uses to Table 2 in the Narrabundah Precinct Map and Code.

2.23 Bicycle Parking General Code 2.23.1 Table 2 Quantity and type of bicycle parking required, Education establishment When the Bicycle Parking General Code commenced in 2006, it contained errors in the quantity and type of bicycle parking for primary and secondary schools. The bicycle parking requirements for students and employees should be 1 per 15 students for primary school and 1 per 10 students for secondary school. For primary and secondary school visitors the requirement should be 1 per 200 students after the first 200 students.

These errors will be amended by exchanging the text in column 2 with column 4 of table 2 education establishments for both primary and secondary schools.

TA2013–15 September 2013 page 11

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3. TECHNICAL AMENDMENT

3.1 Governance 1 Future Urban Areas, Estate Development

Substitute Residential Subdivision Development Code with

Estate Development Code

3.2 Multi Unit Housing Development Code 2 Element 6: Amenity, 6.4 Principal private open space, Criterion C61, c)

Substitute access with

accessible

3 Element 4: Site design, 4.4 Landscape design, Criterion C40, b)

Substitute tress with

trees

TA2013–15 September 2013 page 12

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.3 Conder Precinct Map and Code 4 Conder Precinct Map

Substitute

TA2013–15 September 2013 page 13

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.4 Griffith Precinct Map and Code 5 Additional rules and criteria, RC3 – Manuka Group Centre - Part (Griffith), Element 5: Buildings, Criterion C14

Insert on the first line

This criterion applies to area b shown in figure 3.

3.5 Paddys River Precinct Map and Code 6 Paddys River Precinct Map

Substitute

TA2013–15 September 2013 page 14

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.6 Access and Mobility General Code 7 Application of the Code, Table 1

Substitute Multi-unit housing (refer to Residential Zones – Multi Unit Housing Development Code) with

Multi unit housing (comprising more than 9 dwellings).

3.7 Crace Concept Plan 8 Crace Concept Plan

Omit

3.8 Definitions 9 Floodplain

Substitute Average with

Annual

TA2013–15 September 2013 page 15

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.9 Hall District Precinct Map and Code 10 Hall District Precinct Map

Substitute

TA2013–15 September 2013 page 16

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

11 Table 2 Additional merit track development

Insert

Table 2 – Additional merit track development

Additional merit track development that may be approved subject to assessment

District precinct Zone Development map label

MT1 NUZ3 cemetery

TA2013–15 September 2013 page 17

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.10 Hall Precinct Map and Code 12 Hall Precinct Map

Substitute

TA2013–15 September 2013 page 18

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

13 Table 1 Additional prohibited development

Substitute

Table 1 – Additional prohibited development

Additional prohibited development

Suburb precinct Zone Development map label

retirement village PD1 CFZ supportive housing

14 Table 2 Additional merit track development

Substitute

Table 2 – Additional merit track development

Additional merit track development that may be approved subject to assessment

Suburb precinct Zone Development map label

bulk landscape supplies MT1 CZ4 plant and equipment hire establishment

TA2013–15 September 2013 page 19

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.11 Belconnen District Precinct Map and Code 15 Belconnen District Precinct Map

Substitute

TA2013–15 September 2013 page 20

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.12 Cotter River District Precinct Map and Code 16 Cotter River District Precinct Map

Substitute

TA2013–15 September 2013 page 2

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.13 Gungahlin District Precinct Map and Code 17 Gungahlin District Precinct Map

Substitute

TA2013–15 September 2013 page 3

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.14 Kowen District Precinct Map and Code 18 Kowen District Precinct Map

Substitute

TA2013–15 September 2013 page 4

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.15 Majura District Precinct Map and Code 19 Majura District Precinct Map

Substitute

TA2013–15 September 2013 page 5

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.16 Mount Clear District Precinct Map and Code 20 Mount Clear District Precinct Map

Substitute

TA2013–15 September 2013 page 6

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.17 Rendezvous Creek District Precinct Map and Code 21 Rendezvous Creek District Precinct Map

Substitute

TA2013–15 September 2013 page 7

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.18 Stromlo District Precinct Map and Code 22 Stromlo District Precinct Map

Substitute

TA2013–15 September 2013 page 8

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.19 Weston Creek District Precinct Map and Code 23 Weston Creek District Precinct Map

Substitute

TA2013–15 September 2013 page 9

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.20 Territory Plan map 24 Territory Plan map

The Territory Plan map is varied as follows

Ngunnawal section 72 block 16 from RZ1 Suburban Zone to

PRZ1 Urban Open Space with a Pe public land overlay

3.21 Estate Development Code 25 Element 15 : Public realm, 15.2 Neighbourhood ovals, R117 note

Substitute TAMS with

EDD

TA2013–15 September 2013 page 10

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3.22 Narrabundah Precinct Map and Code 26 Narrabundah Precinct Map

Substitute

TA2013–15 September 2013 page 11

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

27 Table 2 Additional merit track development

Insert

Place of worship MT4 RZ1 Religious associated use

3.23 Bicycle Parking General Code 28 Table 2 Quantity and type of bicycle parking required, Education establishment

Substitute

Primary 1 per 15 1, 2 1 per 200 students 1, 2, Section 3.4: school students after the first 200 3 Pre-existing students bicycle parking Secondary 1 per 10 1, 2 1 per 200 students 1, 2, Section 3.4: school students after the first 200 3 Pre-existing students bicycle parking

TA2013–15 September 2013 page 12

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Interpretation service

TA2013–15 September 2013 page 13

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au