Legislative assembly for the australian capital territory


Planning and Development Act 2007—variation Nos 321, 331, 337 and 347 to the territory plan



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Planning and Development Act 2007—variation Nos 321, 331, 337 and 347 to the territory plan

Papers and statement by minister



MR GENTLEMAN (Brindabella—Minister for Planning, Minister for Roads and Parking, Minister for Workplace Safety and Industrial Relations, Minister for Children and Young People and Minister for Ageing): For the information of members I present the following papers:
Planning and Development Act, pursuant to subsection 79(1)—Approvals of Variations to the Territory Plan, together with background papers, a copy of the summaries and reports, and a copy of any direction or report required—

No 321—Pialligo agricultural area—Changes to the Pialligo precinct map and code, dated 29 July 2015.

No 331—Lyons section 53 blocks 1, 4, 5 and 8 (Strathgordon Court), dated 28 July 2015.

No 337—ACT Government Land Release Program—Greenway section 28 block 2—Zoning changes and changes to the Greenway precinct map and code, dated 1 July 2015.



No 347—University of Canberra—Block 1 Section 3 Bruce, dated 27 July 2015.
I ask leave to make a statement in relation to the papers.
Leave granted.
MR GENTLEMAN: The first two variations I would like to talk about are 331 Lyons and 337 Greenway. Variation 331 to the territory plan rezones blocks 1, 4 and 8 section 53 Lyons from the residential RZ4 medium density zone and block 5 section 53 Lyons from the PRZ1 urban open space zone to the residential RZ5 high density zone. Variation 337 Greenway rezones block 2 section 28 Greenway from the commercial CZ6 leisure and accommodation zone to residential RZ4 medium density zone.
The variations for the sites in Lyons and Greenway were part of the first omnibus of seven draft variations to the territory plan that were released in 2014. The ACT government is undertaking a major long-term program of public housing renewal through the replacement of a number of its older Housing ACT public housing properties, and this is being achieved through the public housing renewal program. The program is intended to improve outcomes for public housing tenants in the ACT and support the renewal of Canberra’s urban areas.
Housing is critically important for the ACT community’s overall economic and social wellbeing. Public housing assists Canberrans on low incomes to reach their potential, to make a contribution and to share the benefits of our community. Canberra has some of the oldest public housing in Australia. As these properties have aged, it has become more difficult to maintain them to current standards such as energy efficiency, and they no longer suit the needs of many tenants.
These variations support the redevelopment programs. Variations 331 and 337 are the fourth and fifth territory plan variations I have approved from that package of sites. The remaining draft variations are still under review and will be provided to me in due course.
The omnibus package of territory plan variations, including draft variations 331 and 337, were released for public comment between 7 November last year and 19 December last year. Draft variation 331 Lyons attracted one public submission. The main issue related to density of development, building heights, connectivity with the open space area, public transport, social housing distribution and environmental sustainability. A report on consultation was prepared for draft variation 331, responding to the issues raised in the submission.
Draft variation 331 was not amended as a result of public notification. This is because the issues raised in the single submission received had been raised previously during part of the public housing redevelopment consultations which informed draft variation 331, with a number of amendments to the Lyons precinct code relating to building height limits, separation between buildings, setbacks, provision of landscaped areas and protection of the public realm. I am satisfied that the issues raised by the community have been adequately addressed and, as such, did not feel it necessary to refer the draft variation to the Standing Committee on Planning, Environment and Territory and Municipal Services.
Draft variation 331 Lyons is the site of a public housing multi-unit property called Strathgordon Court. In order to offer good quality public housing that meets the needs of tenants now and in the future, tenants in these older properties like Strathgordon Court will move to more modern public housing.
There are many benefits arising from the rezoning of this land. Not only will the current tenants of Strathgordon Court have access to more modern, appropriate and sustainable housing, but also the rezoning will provide opportunities for a diversity of housing types and densities adjacent to Woden town centre and major transport routes. The rezoning will encourage urban intensification of development around the town centre while maintaining the residential amenity of surrounding low density residential areas of Lyons in accordance with the strategic directions of the territory plan.
Variation 331 varies the territory plan to facilitate the construction of a residential development with a maximum height of 10 storeys. Building heights along Hindmarsh Drive will be a mix of eight and 10 storeys. This approach is consistent with the development that has occurred further north on Melrose Drive at the old Burnie Court site, at the corner of Melrose Drive and Launceston Street.
The maximum heights of buildings opposite the private development of Woden Gardens is four storeys. This is in direct response to feedback received during pre-territory plan variation consultation from the residents of Woden Gardens, who requested an increase in height along Hindmarsh Drive and a decrease in the height of buildings adjoining Woden Gardens. The provision for the buildings to step down towards the suburb of Lyons is intended to retain an appropriate streetscape and respond to the adjoining areas while maximising site location and proximity to employment opportunities, access to services and public transport at Woden town centre.
I would like to move on to variation 337 Greenway. Variation 337 Greenway changes the land use zoning from commercial CZ6 leisure and accommodation to RZ4 residential. There has been limited demand for this site for CZ6 commercial uses and there is an existing supply of CZ6 land in Tuggeranong, including in the town centre.
When the draft variation was publicly notified it also attracted one public submission. The main issues related to run-off into the lake, increase in traffic, overflow parking, amenity, and the type of impact of commercial use. A report on consultation was
prepared for 337 responding to the issues raised in the submission. A traffic report was prepared that addressed the concerns about traffic. Draft variation 337 released for public notification had already been amended to address concerns raised by the comprehensive round of consultation undertaken by the Community Services Directorate in the housing redevelopment program.
The Greenway precinct code included provisions relating to site access, pedestrian access, the height of buildings, protection of trees and the provision of landscape areas on the site. As these changes were made to the draft variation prior to public notification, the final variation stands as amended. I am satisfied that the issues raised during public consultation on DV337 have been adequately addressed and I did not refer it to the standing committee.
The new RZ4 residential zoning is complementary to the residential land abutting the site to the north. The site is approximately one kilometre by road to the Tuggeranong town centre which provides commercial, retail, office, education, community, government services, leisure, entertainment and residential opportunities for the Tuggeranong community. The site also is close to a range of other facilities including playgrounds, open space and the dog park. Residential development on the site will provide for a diversity of housing types near the Tuggeranong town centre. The site will be released by the ACT government under its land release program.
The third variation I would like to talk about is variation 347 University of Canberra. Variation 347 broadens the territory plan uses allowed at the university by permitting merit track assessable development associated with the operation of a contemporary university. In doing so, the variation also seeks to guide future development at the university by imposing overall building height restrictions.
The variation incorporates additional design provisions and general requirements for future development at the university. The variation also limits the scale of non-student residential development to a maximum of 3,300 dwellings and allows a more qualitative approach to assessing multi-unit housing.
The variation provides for a range of commercial uses on the university campus but also includes controls to ensure that the university does not compete with other commercial areas of the ACT. The provisions include limiting the gross floor area per shop to 200 square metres and per supermarket to 1,000 square metres and an overall shop limit of 4,000 square metres for the entire site; limiting the scale of non-university-related public agency and business agency to 2,000 square metres and office to 5,000 square metres; and limiting the scale of non-university-related office space to 30,000 square metres for the entire site.
Draft variation 347 was released for public consultation from 14 May 2015 until 29 June 2015, attracting eight submissions and one petition containing 60 signatures. Of the eight submissions two were supportive, while the remaining six objected to the variation in some way. The main issues raised during consultation were the impact of increased commercial development at the University of Canberra on the Belconnen town centre and the permissibility and scale of a produce market at the Bruce campus.
Changes were made to variation 347 in response to the comments made. Two of the major changes were a limit on the overall scale of non-university-related office space to 30,000 square metres for the entire site, and a limit on the scale of produce market to offset the concerns raised about undermining the Belconnen Fresh Food Markets.
I am confident that the changes made to variation 347 satisfy the community’s concerns and protect the Belconnen town centre, particularly from the perceived economic impacts detailed in some submissions. I would like to assure the community that through the upcoming Belconnen town centre master plan process the connections between the university and the town centre are at the centre of any plans for the town centre and its ongoing prosperity.
The University of Canberra master plan illustrates the desire for greater linkages and integration with the Belconnen town centre. Variation 347 implements the key recommendations of this master plan. Further development of the University of Canberra and the planned increase in campus population will provide for a more vibrant university and town centre.
Finalisation of variation 347 will allow the Belconnen master planning process to respond more accurately to development at the University of Canberra. Variation 347 is the culmination of a suite of legislative changes to the laws which govern the University of Canberra. Variation 347 formalises many of the uses currently allowed on the campus, thereby streamlining the development application process.
It also allows the university to provide high quality facilities, promote knowledge sharing and create a strong nexus with industry. These changes will ensure the national and international competitiveness and viability of the University of Canberra, and that our city remains a smart city attracting the best minds locally and from abroad.
The final variation in this set of variations is variation 321 Pialligo. Variation 321 implements key recommendations of the Pialligo master plan. The variation includes a range of amendments to the Pialligo precinct map and code. The variation will protect the agricultural character of the area while encouraging low-scale agricultural-related commercial development close to Beltana Road, to build on the existing character.
Variation 321 achieves this through defining an area within 60 metres of Beltana Road where moderately increased levels of ancillary development are permitted; restricting the levels of ancillary development in areas further away from Beltana Road to protect the agricultural land from overdevelopment; ensuring agricultural uses are not overly constrained by new residential development on adjoining blocks; including provisions to assist in the protection of unearthed archaeological artefacts if they are discovered in the course of undertaking an approved development; and controlling uses that are considered less compatible with the desired character of the area to where they are currently permitted.
Variation 321 also permits the use of the land at the corner of Pialligo Avenue and Beltana Road for an emergency services facility. This will permit the future development of a fire station on the site to improve the emergency services coverage of the area.
Variation 321 was publicly exhibited between May and June last year and attracted four written submissions. The main issues raised in the public submissions included concern with a restriction on the size of ancillary dwellings and commercial uses being too restrictive; development provisions in areas close to Beltana Road impacting on the ability to undertake primary activities in these areas; the requirement to update land management agreements affecting some blocks that were previously exempted; concerns with requiring property plans to be prepared in addition to the existing requirements for development in the broadacre zone; and not considering the potential to develop primary uses not related to agriculture or horticulture.
A number of amendments were made to variation 321 in response to public concerns with revisions to several rules and/or criteria. The active frontage provisions would now apply only to ancillary commercial development. The front setback controls were amended to allow small-scale produce stalls selling goods made on the block, provided adequate sight lines from driveways are still maintained. The provision requiring pitched roofs has been removed.
I am satisfied that the changes made to the draft variation have adequately addressed the issues raised during the public notification. Accordingly, I decided not to refer the draft variation to the Legislative Assembly Standing Committee on Planning, Environment and Territory and Municipal Services.
I ask the Assembly to support variations to the territory plan 331 Lyons, 337 Greenway, 347 University of Canberra, and 321 Pialligo agricultural area.



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