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Referral of Proposed Action DATE: August 2016 Referral of proposed action Project title: ANZAC Park East and ANZAC Park West - Sale 1 Summary of proposed action 1.1 Short description The Commonwealth, represented by the Department of Finance (Finance), proposes to sell the following properties: ANZAC Park East (described as Block 1 Section 4 Division of Parkes District of Canberra) in the Australian Capital Territory as shown on Deposited Plan 7820 (APE); and ANZAC Park West (described as Block 7 Section 3 Division of Parkes District of Canberra) in the Australian Capital Territory, including the ANZAC Park West Cafeteria (APW). APE and APW are listed in the Commonwealth Heritage List under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) in the following entries (refer to Attachment A and B): Parliament House Vista (Place ID 105466); and Parliament House Vista Extension – Portal Buildings (Place ID 105474). The West Portal Cafeteria (Place ID 102813) is also nominated for inclusion in the Commonwealth Heritage List (Attachment C). Subdivision of APW Prior to sale, APW will be subdivided into two lots: one containing the APW building and the other containing the West Portal Cafeteria. See the plan at Attachment D. (For ease of reference we will refer to the former site as 'APW Building' and the latter site as 'APW Cafeteria'.) The sale of APE, APW Building and APW Cafeteria will be by way of a 99-year Crown lease of each property. The sale may be undertaken together in one sale process, or may be undertaken separately. The Commonwealth is of the view that there is no prospect that the existing APE and APW buildings can be retained, for the reasons provided in the Referral. Accordingly, the Referral assumes that the intended sale will result in the demolition and redevelopment of the APE and APW Buildings. However, the Commonwealth’s approach to market will not exclude the option that a purchaser may propose the refurbishment of the existing buildings. In the unlikely event that a purchaser was to seek to retain the existing buildings, and that purchaser was subsequently chosen as the successful tenderer, amendments would be made to the sale and related documents to reflect this. The sale by the Commonwealth of APE, APW Building and APW Cafeteria are together the action which is the subject of this referral. Sale of APE The sale of APE will be subject to a requirement that the purchaser, within four years of the commencement of the Crown lease, demolishes the existing building on APE and commences development of a replacement building within a defined building envelope with dimensions of approximately 90 metres by 25 metres along the ANZAC Parade frontage of the APE. (Refer diagram at Attachment E) Finance considers this development requirement to be necessary to Referral of proposed action – August 2016 Page 1 of 37 DATE: August 2016 ensure the land is utilised, as the existing building on APE is derelict and adaptive reuse is unviable. Once construction of the new building has commenced, the Purchaser is required to continually progress and complete the construction without delays. Sale of APW Building The sale of APW Building will be subject to a similar requirement that the purchaser, within a specified period from the commencement of the Crown lease, completes the demolition of the existing building on APW Building and the development of a new building. The new building must conform with a defined building envelope with dimensions of approximately 90 metres by 25 metres along the ANZAC Parade frontage of APW Building. (Refer diagram at Attachment E.) The bidders for APW Building will be required to specify the period within which they are willing to complete the development of APW Building as part of the sale process. However, the maximum period to which Finance will agree is 30 years. This requirement is considered necessary to reinstate the paired relationship of the buildings along the ANZAC Parade frontage of the properties after the demolition of the existing building on APE and the development of a replacement building. In the event that the replacement buildings on either site are not developed in accordance with works approvals obtained from the National Capital Authority (NCA), or are not developed within the timeframes specified above, then the Crown lease can be terminated for the relevant property (i.e. ownership of the property reclaimed). Sale of APW Cafeteria The sale of APW Cafeteria will be subject to a requirement that the purchaser maintains the APW Cafeteria in good condition and not object to its listing on the: Commonwealth Heritage List; National Heritage List; or the Heritage List maintained by the Australian Capital Territory (ACT) Government. The sale of APW Cafeteria will not be subject to any development requirements in the Crown lease or the sale contract. Its future development will be subject to the same planning constraints as APE and APW Building discussed below. 1.2 Latitude and longitude ANZAC PARK EAST O Latitude – -35.290521 (or -35 17'25.87") Longitude – 149.141610 (or 149O8'29.79") ANZAC PARK WEST Latitude – -35.289281 (or -35O17'21.41") Longitude – 149.139743 (or 149O8'23.07") ANZAC PARK WEST CAFETERIA Latitude – -35.288756 (or -35O17'19.52") Longitude – 149.138375 (or 149O8'18.14") The location of the coordinates above is to the internal corner of the existing building on APE and APW Building, and approximately the centre of the existing cafeteria building Referral of proposed action – August 2016 Page 2 of 37 DATE: August 2016 1.3 Locality and property description APE is bounded by Constitution Avenue, Parkes Way, ANZAC Parade and Wendouree Drive. APW is bounded by Constitution Avenue, ANZAC Parade and Parkes Way. Refer to Attachment F – Street map of the APE and APW. Refer to Attachment G – Map outlining portal buildings and open space. The existing buildings on the APE, APW (Building) and APW Cafeteria are set back from ANZAC Parade and Parkes Way to protect the landscape setting, framed by the trees along ANZAC Parade and Parkes Way. These spaces on each property are not to be part of the sale of APE, APW Building or APW Cafeteria and are zoned as Open Space in the revised National Capital Plan (NCP) approved by the Minister for Major Projects, Territories and Local Government on 5 May 2016. The purpose of this Open Space is to ensure that the existing tree line and landscaping can be maintained, and to allow for any future memorials. The NCP amendments were registered on the Federal Register of Legislative Instruments on 5 May 2016 and have legal effect. They are expected to be tabled in Parliament in late August or September 2016 with public submissions received also to be released. 1.4 Size of the development 2.772 hectares (APE) footprint or work area 3.262 hectares (APW, prior to subdivision) (hectares) 1.5 Street address of the site APE is bounded by Constitution Avenue, Parkes Way, ANZAC Parade and Wendouree Drive. Access to APE is currently from Constitution Avenue and Wendouree Drive. Prior to subdivision, APW is bounded on three sides by Constitution Avenue, ANZAC Parade and Parkes Way. Access to APW is currently from Constitution Avenue. 1.6 Lot description Block 1 Section 4 Division of Parkes District of Canberra in the Australian Capital Territory as shown on Deposited Plan 7820 (APE). Block 7 Section 3 Division of Parkes District of Canberra in the Australian Capital Territory (APW, prior to subdivision). 1.7 Local Government Area and Council contact (if known) APE and APW (prior to subdivision) are located within the Division of Parkes, District of Canberra. Both APE and APW are declared as National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth). Both sites are within a designated area under both the former NCP and the revised NCP. Accordingly, the demolition of the existing buildings and the development of replacement buildings will require works approval from the NCA, under either the former NCP or the revised NCP and the NCA's ANZAC Park East and West Detailed Conditions of Planning, Design and Development (Detailed Conditions) (refer Attachment H), regardless of whether the land remains Territory or National Land. Following completion of the sales of APE, APW Building and APW Cafeteria, it is intended that the National Land declaration will be revoked and all three the sites will become Territory Land. Planning or works approval is not required from the ACT Government. Referral of proposed action – August 2016 Page 3 of 37 DATE: August 2016 1.8 Time frame It is anticipated that the sale of APE, APW Building and APW Cafeteria will occur in 2016-2017. 1.9 Alternatives to proposed No action Were any feasible alternatives to taking the proposed action (including not taking the action) Yes, you must also complete section 2.2 considered but are not proposed? 1.10 Alternative time frames etc No Does the proposed action include alternative time frames, locations or activities? 1.11 State assessment No Is the action subject to a state or territory environmental impact assessment? 1.12 Component of larger action No Is the proposed action a component of a larger action? 1.13 Related actions/proposals No Is the proposed action related to other actions or proposals in the region (if known)? 1.14 Australian Government No funding Has the person proposing to take the action received any Australian Government grant funding to undertake this project? 1.15 Great Barrier Reef Marine No Park Is the proposed action inside the Great Barrier Reef Marine Park? Referral of proposed action – August 2016 Page 4 of 37 DATE: August 2016 2 Detailed description of proposed action 2.1 Description of proposed action The Commonwealth proposes to sell APE, APW Building and APW Cafeteria by granting a 99-year Crown lease for each property.
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