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									      TERRITORY PLAN
      PART B1: RESIDENTIAL LAND USE POLICIES


3.2   Land Use Performance Controls

                              LAND USE PERFORMANCE CONTROLS
                   PERFORMANCE CRITERIA             ACCEPTABLE STANDARDS
       Boarding House, Childcare centre, Community activity
       centre, Residential care accommodation.
       •    To protect the amenity of the area by restricting the         Maximum of one of these uses in a section.
            agglomeration of these activities.
       •    To ensure the development is of a compatible scale
            with surrounding residential development                      Maximum plot ratio: 0.35:1 (35%)
       Habitable suite
       To protect the single dwelling housing character and               Maximum gross floor area of 70m2
       amenity of predominantly detached housing areas.                   1 parking space in addition to that required by the main
                                                                          dwelling.
       Health facility
       •    To protect the amenity of the area by restricting the         Maximum of one Health facility in a section
            agglomeration of non-residential activities.
       •    To ensure that health facilities are located in areas,        Locations adjacent to land under a Commercial ‘C’ or
            which are easily and safely accessible.                       Commercial ‘D’ Land Use Policy.
       Home business (see also clause 3.1)
       To protect the amenity of the area by:
       •    restricting the agglomeration of non-residential              Maximum of two Home businesses per section.
            activities; and
                                                                          Maximum gross floor area of business (including
       •    ensuring that the scale of Home businesses is                 storage) of 40 m²;
            compatible with the residential character of the              Maximum of three persons (including resident workers)
            locality.                                                     employed on the site; and
                                                                          Maximum of one commercial vehicle operating from or
                                                                          parked within the site.
       Relocatable unit
       •    To protect the single dwelling housing character and          Maximum gross floor area of 70m2.
            amenity of predominantly detached housing areas.              Minimum 3.5 metres setback from any window or
                                                                          opening in wall of main dwelling.
                                                                          Maximum height of wall 3.5 metres.
                                                                          Located at the rear of the main dwelling.
                                                                          1 parking space in addition to that required by the main
                                                                          dwelling.




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3.3      Design of Development
         Except as provided for in a relevant Area Specific Policy, development shall be in accordance
         with the relevant Residential Code set out at Appendix III.

3.4      Number of Storeys
         Except where provided for in a relevant Area Specific Policy (see Section 4) or in Special
         Requirements under the National Capital Plan, buildings shall not contain more than two storeys.
         Subject to clause 3.6, a basement and/ or an attic, may also be permitted. Notwithstanding this
         clause or clause 3.6, on land where a lawfully constructed building exceeds 2 storeys in height, a
         new building or buildings up to the height of the existing building may be permitted subject to
         consideration of any adverse impact resulting from increase in building bulk.

3.5      Residential Redevelopment - General

           Residential redevelopment means development that involves:
              a) substantial or total demolition of an existing dwelling on land previously used for
                  residential purposes and replacement with one or more new dwellings;
              b) establishment of one or more new dwellings on land previously used for residential
                  purposes in addition to an existing dwelling; or
              c) substantial alterations to an existing dwelling that would result in a significant change to
                  the scale and/ or character of the dwelling.

           The following general controls relate to residential redevelopment in all residential areas.
         NB The text in this box is for information purposes only and is not intended to form part of the policy
         content of the Plan.

         In all Residential Areas, residential redevelopment may only be approved where:

         a)       the proposed development complies with any relevant Area Specific Policy (see Section
                  4);3

         b)       the applicant has successfully completed the pre-application processes as set out in
                  "Designing for High Quality & Sustainability" (ACT Planning and Land Management; June
                  2001) or its successor;

         c)       the applicant has submitted an evaluation of existing trees together with a comprehensive
                  landscape design indicating the size and type of species proposed for the site and the
                  adjacent verge. Significant existing trees on the site and adjacent verge are to be retained
                  unless prior agreement has been obtained from the Territory; and

         d)       Until the date that this clause commences under section 29 or 30A of the Land Act,
                  whichever occurs first, dual occupancy housing or triple occupancy housing may only be
                  permitted where the number of blocks in the section on which this type of development is
                  approved or lawfully constructed is not more than 5% of the total number of blocks in the
                  section used or originally intended to be used for single dwelling housing.

         Note: Paragraph (d) does not apply to any development application that was lodged or proposal
         for which an acceptable Design Response Report has been submitted as required by “Designing

3 Clause 3.5 a) was amended as in Disallowable Instrument (DI2006-14) effective from 7 February 2006



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         for High Quality & Sustainability” (ACT Planning and Land Management; June 2001) by
         20 December 2001.

3.6      Residential Development and Redevelopment – Suburban Areas

         The term ‘Suburban Area’ is used to describe land that is subject to the Residential Land Use
         Policy; but not subject to any Area Specific Policy with a ‘B’ prefix or an A10 (Residential Core)
         Area Specific Policy (see Section 4 of the Residential Land Use Policies). It includes residential
         areas with an ‘A’ prefix, Area Specific Policy overlay other than the A10 overlay.4

         The following additional policies apply only to land in Suburban Areas as defined.

         NB The text in this box is for information purposes only and is not intended to form part of the policy
         content of the Plan.

Objectives
     To ensure development respects characteristic features of existing attractive streetscapes such
     as building scale, height and setbacks, landscape character and architectural style and is
     compatible with adjoining development.
     To retain a limited level of flexibility to accommodate a variety of additional housing to meet
     changing community needs and preferences.

Controls
     The following additional controls shall apply to development in Suburban Areas. The controls on
     residential redevelopment are in addition to the general control in clause 3.5 above:

         a)        On a standard block or a block resulting from the consolidation of standard blocks,
                   residential redevelopment consisting of more than two dwellings shall not be approved
                   unless:
                   i)    the development is for the purpose of supportive housing; and
                   ii)   all dwellings are designed to meet the relevant Australian standards or building
                         code for adaptable housing or other guidelines adopted by the Authority for
                         adaptable housing. [V229]5
         b)        Subdivision or consolidation of blocks (including Unit Title subdivision) may be approved
                   subject to the following: 6

                  i)     Consolidation of leases for standard blocks may only be approved where the land is
                         not registered on the Heritage Register and the development is for supportive housing
                         purposes.
                  ii)    The subdivision of a lease of a standard block to provide for more than one dwelling
                         (including subdivision under the Unit Titles Act 2001) may only be approved where the
                         land is not registered on the Heritage Register and all of the dwellings were lawfully
                         constructed, approved or had been the subject of a formally commenced High Quality
                         Sustainable Design process (ACT Planning and Land Management; June 2001)
                         before 17 June 2003 and for which a development application had been lodged by
                         1 September 2003.



4 Clause 3.6 words in text box was amended as in Disallowable Instrument (DI2006-14) effective from 7 February 2006
5 Clause 3.6a) ii) was replaced 24/11/2006 (Variation Number 229)]
6 Clause 3.6 subclause b) i) – iii) was amended as in Disallowable Instrument (DI2006-14) effective from 7 February 2006

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        c)     Proposals involving subdivision or consolidation of blocks must be accompanied by
               information that demonstrates how the proposed development fits in with the existing
               suburban character of the area.

        d)   For dual occupancy housing, the maximum plot ratio of all development on the block shall
             be as determined by the following formula:
             P = (140/B + 0.15)100
             where:
             P is the maximum permissible plot ratio expressed as a percentage; and
             B is the block area in square metres.
             Except that for development applications for dual occupancy housing lodged before 30
             May 2003, the maximum plot ratio for all development on the land shall be 0.35:1 (35%).
       e)    For supportive housing on a standard block or block resulting from the consolidation of
             standard blocks, the maximum plot ratio shall be 0.35:1 (35%).
       f)    Dual occupancy housing may only be approved where the block has an area greater than
             800m2.
       g)    For a proposal for dual occupancy housing, any additional new dwelling that does not
             directly front a public road from which vehicular access is permitted shall be single storey
             in scale with no basement car parking.
       h)    On standard blocks, attics or basement car parking shall not be approved where in
             addition to 2 storeys.
       i)    The maximum site density of single dwelling housing shall depend on provisions in the
             relevant residential code at Appendix III (eg setbacks from boundaries, building envelope
             controls, private open space requirements, etc). On a standard block it shall not exceed a
             plot ratio of 0.5:1 (50%). On a non-standard block it shall not exceed a plot ratio of 0.5:1
             (50%) unless provided for in an approved building envelope plan.
       j)    Residential redevelopment on blocks originally used for multi-unit housing, including
             rebuilding up to the height of the existing development where it exceeds 2 storeys may be
             approved subject to consideration of adverse impacts resulting from any increase in
             building bulk.
(Note: This clause does not apply to development applications lodged before 1 September 2002.)

3.7     Subdivision or Consolidation of Existing Residential Leases

        a)     Subdivision or consolidation of leases used for residential purposes may only be approved
               where the subdivision or consolidation is part of an integrated housing development and
               where it is demonstrated that any building on a consequent lease is or can be designed in
               accordance with the relevant residential code at Appendix III.
        b)     A subdivision of a lease under the Unit Titles Act 2001 may only be approved where the
               lease expressly provides for the number of units or dwellings provided for in the proposed
               subdivision.
        c)     In this clause, subdivision does not include a minor boundary adjustment that does not
               provide for the creation of an additional residential lease.

      Note: Paragraph (b) does not apply to any development for which an application for subdivision
      was lodged by 1 July 2004; and

          •   that had been lawfully constructed; or
          •   for which a development application had been lodged; or
          •   for which an acceptable Design Response Report had been submitted as required by
              “Designing for High Quality & Sustainability” (ACT Planning and Land Management; June
              2001);
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           by 17 December 2002.

3.8      Plot Ratio of Development
      Where a maximum plot ratio is specified in the Residential Land Use Policies, the gross floor area
      of the development used in the calculation of the plot ratio shall be taken to be the gross floor area
      of the buildings plus 18 m2 for each roofed open car space or carport provided to meet Territory
      requirements for resident car parking (not including basement car parking) and the area of any
      balcony that is roofed and substantially enclosed by solid walls.

      Notwithstanding restrictions on the plot ratio of development contained in the Residential Land Use
      Policies, on land where lawfully constructed development exceeds the specified maximum plot
      ratio, replacement development up to the same plot ratio as the existing development may be
      approved subject to consideration of any adverse impact resulting from the building bulk and
      providing that the development does not involve an increase in the number of dwellings on the land.

      Note: This clause does not apply to development applications lodged on or before 17 December
      2002.

3.9     Fencing
      Fencing shall not be erected in front of the building line except where provided for in planning
      guidelines or development conditions released prior to the issue of a lease. This restriction does
      not apply to courtyard walls that are in accordance with the relevant Residential Code set out in
      Appendix III.

3.10 Electricity Supply
    Electricity supply lines within existing residential areas shall be underground or along the rear spine
    or side of blocks. No continuous rows of electricity supply poles shall be erected on residential
    streets or streets with residential access. In new residential areas, permanent or long-term
    electricity supply lines up to and including 11 kV shall be underground.

3.11 Adaptable Housing [V229]7
    10% of the dwellings of any multi-unit housing development consisting of 10 or more dwellings shall
    be designed to meet the relevant Australian standard or building code for adaptable housing, or
    other guidelines adopted by the Authority for adaptable housing.




7 [V229: Clause 3.11 Adaptable was added 24/11/2006 (Variation Number 2006)]

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4.    AREA SPECIFIC POLICIES
The Area Specific Policies identify specific objectives and/or controls relating to sub-areas within the
residential area. These sub-areas are identified on the Map by red bordering and the corresponding
map code.

A. Residential - Low Rise Development and Additional Land Uses

Area A1: Hall and Tharwa
Controls
      a) Development intensity
      Add to section 2:
            • Not more than one detached dwelling per block shall be permitted within the residential
               areas of Hall and Tharwa. Existing blocks shall not be further subdivided nor shall they
               be consolidated for the purpose of increasing development rights.

Area A2: Diplomatic Area - O'Malley
Controls
      a) Land use
      Add to Schedule 1:
            • Diplomatic residence, Chancellery.


Area A3: Residential/Community Sites
Controls
      a) Land use
      Add to Schedule 1:
            • COMMUNITY USE. Existing school buildings may be used for offices of sporting,
               cultural, social or other ACT Government or non-profit community based organisations.

Area A4: Single Storey Development
Controls
      a) Building height
      The maximum height of buildings shall be one storey.

Area A5: Banks Local Centre
Controls
      a) Land use
      Add to Schedule 1:
            • COMMUNITY USE, Shop.




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Area A6: Forrest - Section 35, Blocks 2-10 and 12
Controls
      a) Land Use
      In addition to the land uses permitted in clause 2.1, Forrest Section 35 Blocks 2-7 and Part
      Blocks 8-10 and 12 may be used for COMMUNITY USE and Offices.

      b) Heritage
      The heritage character of buildings and their settings shall be conserved.

      c) Planning Guidelines
      In considering a development proposal in area A6 the relevant authority shall take into account
      the provisions of any relevant Planning Guidelines applying to the site.

Area A7: Service Station Sites

Objectives
     a) to make provision for existing service stations in residential areas; and
     b) to provide opportunities for redevelopment of these service station sites consistent with
          surrounding developments or policies.

Controls
     a) Land Use
     Add to Schedule 1:
           • Service station
              Service station may be subject to mandatory preliminary assessment under the Land
              Act (all proposals within 50 metres of a Residential Land Use Policy Area). In addition
              the use of existing service station buildings for commercial activities may be permitted,
              where such activities would not detract from local residential amenity.

      b) Land Use Restrictions
      Retail sales (excluding the sale, hire or display of automotive goods): Maximum gross floor area
      shall not exceed 50m2.

Area A8: Restaurant and Take-away food shop sites - Barton Section 17 Block 4

Objective
     a) To provide sites for small scale restaurants and take-away food shops in residential areas
          adjacent to employment centres.

Controls
     a) Land Use
     Add to schedule 1:
           • Restaurant, Take-away food shop


      b) Building Height
      Maximum height shall be one storey.




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Area A9: Oaks Estate - Section 7, Blocks 4-6 and 9-14 and Section 10, Blocks 1-5 [V207]8

Objective
     a) To provide for a range of community, commercial and light and industrial uses in conjunction
          with residential use.
Controls
     a) Land Use
     Add to Schedule 1:
        • Community Use, Craft Workshop, Light Industry, Restaurant, Shop and Warehouse


         b) Land Use Restrictions
         Restaurant shall only be permitted on the southern parts of Blocks 4, 5 and 6 Section 7, fronting
         Railway Street.

         Shop shall only be permitted on Blocks 4 and 14 Section 7 and Block 4 Section 10.

Area A10: Residential Core [V200]9

         The Residential Core Areas typically consist of those residential areas within approximately 300
         metres of group of town centres or 200 metres from identified local centres. However the
         boundaries of the Core Areas have been modified to generally follow physical features such as
         roads, pathways or other land use policy areas. The Core Areas exclude any area that is subject
         to another area specific policy (see Section 4 of the Residential Land Use Policies).10

         The policies for the Residential Core Areas aim to retain opportunities for developing more
         housing close to the facilities and services contained in the commercial centres. They also aim
         to assist over time in creating a more sustainable pattern of urban settlement for Canberra


         NB     The text in this box is for information purposes only and is not intended to form part of the policy
         content of the Plan.

Objectives

           •     To ensure development respects existing streetscapes and adjoining development, or
                 contributes to the desired future suburban character of the area as defined by an approved
                 master plan.
           •     To retain a moderate level of flexibility to accommodate a wider variety of additional
                 housing close to facilities and services to meet changing community needs and
                 preferences.
           •     To assist in creating a more sustainable pattern of urban settlement by providing for more
                 housing to be developed close to identified commercial centres.




8 [V207: Area Specific Policy ‘A9’ added 01/07/2003 (Variation Number 207]
9 [V200: Residential Policies Area 10 added 21 August 2003 (Variation Number 200)]
10 Area A10 information in text box was amended as in Disallowable Instrument (DI2006-14) effective from 7 February 2006

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Controls

In addition to the general controls in clause 3.5 of the Residential Land Use Policies, the following
controls shall apply to residential redevelopment in Residential Core Areas:

      a) Multi-unit housing including dual and triple occupancy housing may be approved in
         circumstances specified below.

      b) Dual occupancy housing may only be approved where the block has an area greater than
         800m2.

      c) Triple occupancy and other multi-unit housing redevelopment on standard blocks shall not be
         approved on blocks with an area less than 1400m2.

      d) Subdivision or consolidation of leases (including Unit Title subdivision) may be approved.

      e) Proposals involving subdivision or consolidation of standard blocks for multi-unit housing
         must be accompanied by information that demonstrates how the proposed development fits
         in with the existing streetscape character or statement of desired future suburban character
         as defined by an approved master plan.

      f) Attics and basements may be permitted in addition to 2 storeys. However, on a standard
         block, ramps to basement car parking forward of the building line shall generally not be
         approved unless the block has a public road frontage greater than 30 metres.

      g) The maximum site density for residential redevelopment on a standard block or block
         resulting from consolidation of standard blocks shall depend on provisions in the relevant
         residential code at Appendix III (eg, setbacks from boundaries, building envelope controls,
         private open space requirements, etc) and shall not exceed a plot ratio of 0.5:1 (50%),
         except that for a proposal for dual or triple occupancy housing where at least one dwelling
         does not directly front a public road from which vehicular access is permitted, the plot ratio
         shall not exceed 0.35:1 (35%).

      h) Residential redevelopment on blocks originally used for multi-unit housing, including
         rebuilding up to the height of the existing development where it exceeds 2 storeys may be
         approved subject to consideration of adverse impacts resulting from any increase in building
         bulk.

(Note: This Area Specific Policy does not apply to development applications lodged before
1 September 2002.)




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Area A11: Adaptable Housing [V174]11

Objective
     a) To make provision for residential accommodation that is easily adaptable to suit the needs of
          people with disabilities and to meet the needs of Canberra's ageing population.

Controls
Narrabundah Section 124 Block 16 and 17 [V229]12
     a) At least 50 percent of the dwellings in any development on the land shall be designed and
         constructed to meet the Class C requirements of the relevant Australian Standard for
         Adaptable Housing.
     b) The communal landscape areas shall meet the requirements of AS1428.2 (1992) Design for
         Access and Mobility Part 2: Enhanced and Additional Requirements – Building and Facilities.
     c) The design shall be endorsed by an accredited access consultant.

Area A12 Stromlo Settlement [V244]13

Objective
     To preserve the low-density village character of the Stromlo settlement.

Controls
     a) Development intensity
     Not more than one dwelling shall be permitted on each block. Subdivision or consolidation of
     existing residential blocks (including Unit Title subdivision) shall not be permitted.
     b) Building Height
     The maximum height of buildings shall be one storey.
     c) Plot Ratio
     The maximum plot ratio of all development on the block shall be as determined by the following
     formula:
     P = (140/B + 0.15)100 where:
     P is the maximum permissible plot ratio expressed as a percentage; and
     B is the block area in square metres.




11 [V174: Area Specific Policy ‘Area A11 Adaptable Housing’ added 13 March 2003 (Variation Number 174)]
12 [V229: ‘Narrabundah Section 124 Blocks 16 and 17’ was added 24/11/2006 (Variation Number 229)]
13 [V244: Area Specific Policy ‘Area A12 Stromlo Settlement’ added 6 July 2005 (Variation Number 244)]

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B. Medium and High Rise Residential Development

Objectives
     a) to encourage greater diversity of dwelling types and lifestyles;
     b) to contain urban expansion and its potential environmental impacts by encouraging higher
          density housing which makes better use of existing infrastructure;
     c) to conserve energy and resources by encouraging higher density housing close to public
          transport and employment centres; and
     d) to provide opportunities for increased dwelling densities to reduce population losses in
          established areas.

Area B1: Three Storey Development

Controls
     a) Building Height
     The maximum height of buildings shall be three storeys.

         b) Design and Siting [V229]14
         Replace clause 3.3 with:
               • The design and siting of buildings shall be in accordance with the relevant Design and
                  Siting Code (refer Appendix III) except Performance Measures D1.1, D1.2 and D3.4.

Area B2: Kingston/Griffith Redevelopment Area

Controls
     a) Building Height
     The maximum height of buildings on Kingston Section 25 Block 12 and Section 26 Block 47 shall
     be RL 609.3 AHD. On all other blocks in Area B2 the height of buildings shall be predominantly
     three storeys with a maximum height of four storeys. Four storey development will be considered
     only where it is not the dominant feature of a street frontage.

         b) Design and Siting [V229]15
         Add to clause 3.3:
               • The Design and Siting Codes in Appendix III do not apply in Area B2 to buildings
                   exceeding two storeys in height.

Area B3: [Area Specific Policy B3 deleted 24/02/2000 (Variation Number 96)]




14 [V229: reference to Clause 3.3 was amended 24/11/2006 (Variation Number 229)]
15 [V229: reference to Clause 3.3 was amended 24/11/2006 (Variation Number 229)]

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Area B4: Forrest - Section 34, Blocks 1-5 and 7-11

Controls
     a) Land Use
     Add to Schedule 1:
           • COMMUNITY USE. Forrest Section 34 Blocks 7-9 may also be used for small scale
              offices.

         b) Height
         The maximum height of residential buildings shall be three storeys. The maximum height of office
         buildings shall be two storeys.

         c) Design and Siting [V229]16
         Replace clause 3.3 with: The design and siting of buildings shall be in accordance with the
         relevant Design and Siting Code (refer Appendix III) except Performance Measures D1.1, D1.2
         and D3.4.

Area B5: City - Section 6, Block 1

Objectives
     a) to promote a range of intensive residential and accommodation uses so that Civic Centre
          can benefit from increased use of services at evening and weekends and so that residents
          can be close to central facilities; and
     b) to make provision for leisure, recreation, commercial activities associated with the
          residential or accommodation development.
Controls
     a) Land Use
     Add to Schedule 1:
            • Car park, Club, Cultural facility, Financial establishment, Hotel, Motel, Office, Indoor
               entertainment facility, Indoor recreation facility, Place of assembly, Restaurant and/or
               Shop. The use of land for a Club or Indoor entertainment facility may be subject to
               mandatory preliminary assessment in accordance with Appendix II of the Plan.

         RESIDENTIAL USE, Hotel, Motel will be the primary land uses on land within Area B5. Shops
         and Offices may only be permitted as ancillary to other permitted land uses.
         b) Height
         The maximum height of buildings for areas shown as B5 on the Map shall generally be seven
         storeys, however part of the building may be up to RL 617. Buildings within Area B5 which are
         28 metres or higher are subject to mandatory preliminary assessment in accordance with
         Appendix II of the Plan.

         c) Other Controls
         Development will reflect the importance of Edinburgh Avenue and London Circuit frontages and
         will abut the front property boundary on London Circuit.




16 [V229: reference to Clause 3.3 was amended 24/11/2006 (Variation Number 229)]

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         d) Performance Controls [V229]17
         The Performance Controls for a Childcare centre, Health facility and Guesthouse contained in
         clause 3.1 and 3.2 do not apply to land within Area B5.

Area B6: Belconnen - Section 55 Block 37, Section 66 Section 67 Block 3, and part Block 2, and
Section 88 part Block 1 [V42]18

Objective
     a) to provide for more intensive residential development adjacent to Belconnen Town Centre

Controls
     a) Height
     The maximum height of buildings shall be three storeys, except that:
          • Buildings up to five storeys may be permitted on parts of Sections 66, 67 and 88; and
          • For Section 55 Block 37 buildings greater than three storeys may be considered in the
             south of the site subject to the demonstration that taller buildings will not create
             undesirable environmental conditions and will be of high architectural quality and
             subject to Appendix II of the Plan.

         b) Design and Siting [V229]19
         Replace clause 3.3 with:
               • The design and siting of buildings shall be in accordance with the relevant Design and
                  Siting Code (refer Appendix III) except Performance Measures D1.1, D1.2 and D3.4.

         c) Performance Controls [V229]20
         The Performance Controls for a Child care centre, Health facility and Guest house contained in
         clause 3.1 and 3.2 do not apply to land within Area B6.

Area B7: Kaleen - Section 117, Block 24 [V11]21 [V229]22

Controls
     a) Land use Restrictions
     A maximum limit of 62 dwellings applies to this land.
     b) Height
     Add to Clause 3.4:
           • In this clause Undercroft parking is deemed not to be a storey.
     c) Design and Siting
     Replace Clause 3.3 with:
           • The design and siting of buildings shall be in accordance with the relevant Design &
              Siting Code (refer Appendix III) except Performance Measures D1.1, D1.2 and D3.4.




17 [V229: reference to Clauses was changed to Clauses 3.1 and 3.2 on 24/11/2006 (Variation Number 229)]
18 [V42: Area specific Policy 'B6' amended 15/12/1995 (Variation Number 42)] & [V42: Minor typographical and grammatical corrections made to the
Residential Land Use Policies 15/12/1995 (Variation Number 42)]
19 [V229: reference to Clause was changed to Clause 3.3 on 24/11/2006 (Variation Number 229)]
20 [V229: reference to Clause was changed to Clauses3.1 and 3.2 on 24/11/2006 (Variation Number 229)]
21 [V11: Area Specific Policy 'B7' added 11/05/1994 (Variation Number 11)]
22 [V229: reference to Clauses was changed to Clauses 3.4 and 3.3 on 24/11/2006 (Variation Number 229)]

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Area B8: Residential Mixed Use [V130]23
Objectives
      a)    To promote a range of intensive residential uses combined with appropriate non-
            residential uses in highly accessible locations adjacent to the Gungahlin Town Centre and
            other identified commercial centres.
      b)    To provide for small-scale leisure, recreation, community and commercial activities in
            conjunction with intensive residential development.
Controls
      a) Land Use
      Add to Schedule 1:
       Communications facility+, COMMERCIAL ACCOMMODATION USE, COMMUNITY USE, Craft
       workshop, Drink establishment+, Indoor entertainment facility+, Indoor recreation facility, NON
       RETAIL COMMERCIAL USE, Pedestrian plaza, Restaurant and Shop.
                       + may be subject to mandatory preliminary assessment in accordance with Appendix II of the Plan.

         b) Land Use Restrictions
            COMMUNITY USE, Craft workshop, Drink establishment, Indoor entertainment facility,
            Indoor recreation facility, NON RETAIL COMMERCIAL USE, Restaurant, Shop

          •     shall be designed and located to minimise impacts on residential or commercial
                accommodation development. All noise-generating activities are to meet relevant criteria
                including Environment Protection Regulations.
          •     shall not be permitted above ground floor level.
          •     except for Indoor recreation facility shall be limited to 200m2 in gross floor area per
                establishment or tenancy.

                COMMUNITY USE, COMMERCIAL ACCOMMODATION USE – relevant land use
                restrictions at Clause 3.1 do not apply. [V229]24

         c) Building Height [V229]25
         Replace Clause 3.4 with:
               • The maximum height of buildings shall generally be 3 storeys. Buildings may be built
                  to a maximum of 4 storeys where provided for in an approved Building Envelope Plan.

         d) Design and Siting
         Development of multi unit housing shall be in accordance with the Urban Housing Code at
         Appendix III.3 or its replacement.

         e) Performance Controls [V229]26
         COMMUNITY USE, COMMERCIAL ACCOMMODATION USE, Home business – relevant
         performance controls at Clause 3.2 do not apply.




23 [V130: Clause 4 Area Specific Policy 'B8' replaced 19/02/2004 (Variation Number 130)]
24 [V229: reference to Clause was changed to Clause 3.1 on 24/11/2006 (Variation Number 229)]
25 [V229: reference to Clause was changed to Clause 3.4 on 24/11/2006 (Variation Number 229)]
26 [V229: reference to Clause was changed to Clause 3.2 on 24/11/2006 (Variation Number 229)

                                                                Page 20 of Part B1
          TERRITORY PLAN
          PART B1: RESIDENTIAL LAND USE POLICIES




Area B9: Urban Residential [V130]27

Objective
     a) to promote a range of intensive residential uses including a variety of medium and high
          density housing types adjacent to commercial centres.

Controls
     a) Building Height [V229]28
     Replace Clause 3.4 with:
           • The maximum height of buildings shall generally be 2 storeys. Buildings may be built
              to a maximum of 3 storeys where provided for in an approved Building Envelope Plan.

         b) Design and Siting
         Development of multi unit housing shall be in accordance with the Urban Housing Code at
         Appendix III.3 or its replacement.

Area B10: Palmerston Section 142 Blocks 7&8, Section 143 Blocks 8 & 9 [V76]29

Objectives
Add to clause 1.
      a) To enable appropriate residential accommodation to be developed within Palmerston to
           meet the needs of aged persons in a location where they can benefit from close proximity to
           facilities.
Controls
      a) Land Use Restrictions
      Apartment, Attached house, Detached house [V229]30
      Clause 3.1a) does not apply to this land if multi-unit development is restricted to aged persons
      housing only and development is restricted as follows:
             • A maximum number of 5 dwellings are to be erected on section 142 blocks 7 and 8
                  Palmerston; and
             • A maximum number of 5 dwellings are to be erected on section 143 blocks 8 and 9
                  Palmerston.
      For the purposes of this clause aged persons housing is housing where the minimum age of any
      resident is 55 years of age.

         b) Building Height
         Single storey only.




27 [V130: Clause 4 Area Specific Policy 'B9' replaced 19/02/2004 (Variation Number 130)]
28 [V229: reference to Clause was changed to Clause 3.4 on 24/11/2006 (Variation Number 229)]
29 [V76: Area Specific Policy ‘B10’ added 24/9/1997 (Variation Number 76)]
30 [V229: reference to Clause was changed to Clause 3.1a) on 24/11/2006 (Variation Number 229)]

                                                                Page 21 of Part B1
          TERRITORY PLAN
          PART B1: RESIDENTIAL LAND USE POLICIES




Area B11 Urban Housing (generally three storeys) [V109]31

Objectives
     a) to provide opportunities for significantly increased dwelling densities in residential areas with
          immediate proximity to transport corridors, commercial areas and employment centres; and
     b) to provide certainty for the staging of redevelopment in inner North Canberra and promote
          orderly and integrated development.
Controls
     a) Land Use [V139]32
     Add to Schedule 1:
            • Business agency, Office, Restaurant, Shop.


         b) Land Use Restrictions
         Business agency, Office, Restaurant, Shop
         May only be permitted where:
              • the gross floor area for these purposes in any section does not exceed 100m2 in total;
              • the business agency, office, restaurant or shop is part of an integrated mixed use
                  development that includes multi-unit housing; and
              • on approval of the subject development the proportion of the total land area of the
                  section that has been approved for multi-unit housing including dual occupancy is not
                  less than 75% unless otherwise specified in an approved Section Master Plan.

         c) Building Height
         The maximum height of buildings shall be 12 metres and no more than 3 storeys except as
         provided for below.

         d) Plot Ratio
         The maximum plot ratio shall be 0.8 except as provided for below.

         e) Section Master Plans [V200]33
         The Authority may from time to time prepare Section Master Plans to assist in guiding residential
         redevelopment on land subject to this Area Specific Policy. Where a Section Master Plan
         approved by the Authority identifies additional and not inconsistent requirements to those
         specified in the Urban Housing Code at Appendix III.3, residential redevelopment for multi-unit
         housing shall be in accordance with those provisions of the Section Master Plan. For the
         purposes of this clause, a requirement in a Section Master Plan that is greater than a minimum
         or is less than a maximum requirement prescribed in the Territory Plan, shall not be deemed to
         be inconsistent with the Code.

         f) Design and Siting
         Development of Multi-dwelling housing shall be in accordance with the Urban Housing Code at
         Appendix III.3.




31 [V109: Area Specific Policy ‘B11’ added 07/05/1999 (Variation Number 109)]
32 [V139: Area Specific Policy B11 clauses added to Controls 14/12/2000 (Variation Number 139)]
33 [V200: Section Master Plan paragraph replaced 21 August 2003 (Variation Number 200)]

                                                                Page 22 of Part B1
          TERRITORY PLAN
          PART B1: RESIDENTIAL LAND USE POLICIES




         g) Inner North Canberra Development Staging
         For the B11 areas north of Macarthur and Wakefield Avenues, the maximum height of buildings
         shall be 2 storeys and the maximum plot ratio shall be 0.65, until 23.5ha of residential blocks in
         the B11 areas south of Macarthur and Wakefield Avenues have been developed for multi-unit
         housing, including dual occupancy.

         h) Application
         This Area Specific Policy does not apply in relation to any application under the Land (Planning
         and Environment) Act 1991, which was lodged prior to 16 May 1997.

Area B12: Increased Density Development (maximum two storeys) [V109]34

Objective
     a) to provide opportunities for increased dwelling densities in residential areas close to
          transport corridors, commercial areas and employment centres.

Controls
     a) Building Height
     The maximum height of buildings shall be 8.5 metres and no more than 2 storeys.
     b) Plot Ratio
     The maximum plot ratio shall be 0.65.

         c) Section Master Plans [V200]35
         The Authority may from time to time prepare Section Master Plans to assist in guiding residential
         redevelopment on land subject to this Area Specific Policy. Where a Section Master Plan
         approved by the Authority identifies additional and not inconsistent requirements to those
         specified in the Urban Housing Code at Appendix III.3, residential redevelopment for multi-unit
         housing shall be in accordance with those provisions of the Section Master Plan. For the
         purposes of this clause, a requirement in a Section Master Plan that is greater than a minimum
         or is less than a maximum requirement prescribed in the Territory Plan, shall not be deemed to
         be inconsistent with the Code.

         d) Design and Siting
         Development of multi-dwelling housing shall be in accordance with the Urban Housing Code at
         Appendix III.3.

         e) Application
         This Area Specific Policy does not apply in relation to any application under the Land (Planning
         and Environment) Act 1991, which was lodged prior to 16 May 1997.




34 [V109: Area Specific Policy ‘B12’ added 07/05/1999 (Variation Number 109)]
35 [V200: Section Master Plan paragraph replaced 21 August 2003 (Variation Number 200)]

                                                               Page 23 of Part B1
          TERRITORY PLAN
          PART B1: RESIDENTIAL LAND USE POLICIES




Area B13: Northbourne Avenue Corridor [V96]36

Objectives
     a) to provide opportunities for the provision of a range of accommodation types in close
          proximity to the facilities of the corridor;
     b) to encourage accommodation uses so that Civic, Dickson and the commercial areas
          between can benefit from an evening and weekend population; and
     c) to provide for small scale commercial activities associated with residential development.

Controls
     a) Land Use
     Add to Schedule 1:
           • Business agency, Car park, Club+, Hotel, Motel, Office, Public transport facility+,
              Restaurant, Shop and Tourist facility.
                       + may be subject to mandatory preliminary assessment in accordance with Appendix II of the Plan.

         b) Land Use Restrictions
         Business agency, Office, Restaurant and Shop
         Shall be limited to a maximum gross floor area of 100m2 per establishment. No more than 2 of
         the above uses shall be permitted in each Section.

         Club
         May be permitted only on Braddon Section 8 Block 1.

         Tourist facility
         May be permitted only on Dickson Section 6 Block 39 and shall be limited to the purpose of a
         Tourist information centre.

         c) Building Height
         New buildings shall be a minimum height of three storeys and a maximum of 25 metres to the top
         of the parapet. The maximum height excludes roof top plant where it is setback and screened.
         New buildings over three storeys facing Northbourne Avenue shall have a mandatory parapet
         height facing the Avenue of as close as practicable, but not exceeding 25 metres. Within 20
         metres of any other street, the maximum height of buildings shall be 3 storeys and 12 metres.

         Where the height of an existing building exceeds 25 metres, alterations or rebuilding up to the
         height of the existing building may be permitted.

         d) Building Setbacks to Streets
         The siting of new buildings facing Northbourne Avenue shall form a 10 metre building line
         setback to the Avenue except for Braddon Section 3 where it shall be 20 metres.

         For other streets, the minimum setback shall be in accordance with the requirements for the B11
         Area Specific Policy for 3 storey buildings and 20 metres for buildings, or parts of buildings, over
         3 storeys.

         e) Side and Rear Boundary Setbacks
         For 3 storey buildings, the minimum side and rear boundary setbacks shall be in accordance with
         the requirements for the B11 Area Specific Policy.

36 [V96: Area Specific Policy ‘B13’ added 24/02/2000 (Variation Number 96)]

                                                                 Page 24 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES




For buildings taller than 3 storeys, the side and rear boundary setbacks shall be:
      • a minimum of 5 metres from any northern boundary;
      • a minimum of 5 metres from any southern boundary and shall allow for a minimum of 2
          hours direct sunlight between the hours of 9am and 4pm to openings to all habitable
          rooms in adjoining developments; and
      • a minimum of 10 metres from any east or west boundary.


f) Balconies and awnings
Balconies and awnings may extend up to 1.5 metres within the minimum setback provided they
are lightweight in appearance and predominantly transparent. Porticos and canopies covering
set down areas may extend beyond minimum setbacks, provided the visual integrity of the
building line is retained.

g) Landscape
Setbacks to Northbourne Avenue shall be landscaped to a high standard with treatments, which
are predominantly soft and reinforce the median and verge planting. The treatment shall
generally be eucalyptus planting in an open setting of lawn and low ground covers.

The area between the building line and the Northbourne Avenue frontage shall be at a similar
level to the verge. Views of unlandscaped side boundaries should be screened from
Northbourne Avenue.

h) Access and Car Parking
Car parks shall not be permitted within setbacks to Northbourne Avenue. Minor encroachment of
basement parking into this area may be permitted, provided it is located beneath a driveway or
other paved area and does not detract from the quality of the landscape treatment.

Access to blocks from Northbourne Avenue shall be configured to minimise operational impacts
on the carriageway. Generally only one verge crossover shall be permitted for each block
existing at 7 November 1998. Provision for access by coaches shall not be permitted to blocks
with a frontage of less than 100 metres. Provision shall be made for all vehicles to leave and
enter Northbourne Avenue in a forward direction.

Pedestrian access to Northbourne Avenue shall continue to be provided in, or within close
proximity to, Lyneham Section 53 Block 3 and Dickson Section 6 Block 43.

i) Building Design and Materials
Buildings shall be constructed to a high standard of design and finish and shall be predominantly
off-white to light buff/grey in colour. The use of colour or materials in external facades other than
in the off-white to light buff colour range may be permitted where:
       • the coloured elements relate to clearly defined elements of the building;
       • the coloured elements are minor elements in the buildings facade and subsidiary to the
           main white to light buff/grey materials; and
       • the colours selected are predominantly earth toned.


Extensive areas of continuous glass facade shall not be permitted.

j) Design and Siting
Development may be required to meet relevant performance based elements of the Urban
Housing Code at Appendix III.3. However in the event of any inconsistency, the above controls
will take precedence over the requirements of the Urban Housing Code.

                                         Page 25 of Part B1
          TERRITORY PLAN
          PART B1: RESIDENTIAL LAND USE POLICIES




Area B14: Central Bruce - Residential [V176]37

Objective
     a) to promote a range of residential uses including a variety of medium density housing types
          in Central Bruce.

Controls
     a) Building Height [V229]38
     Replace Clause 3.4 with:
           • The maximum height of buildings shall be predominantly 2 storeys. Buildings may be
              built to a maximum of 3 storeys where provided for in an approved Building Envelope
              Plan.

         b) Design and Siting
         Development over 2 storeys shall be consistent with the Urban Housing Code at Appendix III.3 or
         its replacement.

         c) Plot Ratio
         The maximum plot ratio shall be 0.5. This may be increased to up to 0.8 where provided for in
         an approved Building Envelope Plan.

Area B15: Deakin Blocks 9, 13 and 19 Section 12 [V237]39

Objective
         To promote distinctive, high quality medium to high density residential development and
         commercial accommodation that:

         a) Meets changing household and community needs.
         b) Is located and designed to benefit from proximity to the adjacent commercial centre and
            major transport corridors.
         c) Does not compromise the efficient functioning of the existing commercial centre or roads.
         d) Incorporates high quality landscaping.
         e) At ground floor level may incorporate small-scale commercial activities that primarily serve
            the needs of the residential complex.

Controls
     a) Land Use
         Add to Schedule 1:
          •   Commercial accommodation units, Restaurant, Business agency, Shop.
     b) Land Use Restrictions
         Restaurant, Business agency, Shop
         May only be permitted at the ground floor level of a residential building, and must provide an
         active frontage to Hopetoun Circuit or Grosse Street and pedestrian links to the commercial
         centre.



37 [V176: Area Specific Policy ‘B14 added 16/05/2002 (Variation Number 176)]
38 [V229: reference to Clause was changed to Clause 3.4 on 24/11/2006 (Variation Number 229)]
39 [V237: Area Specific Policy ‘B15 added 31/08/2005 (Variation Number 237)]



                                                                Page 26 of Part B1
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PART B1: RESIDENTIAL LAND USE POLICIES




c) RESIDENTIAL USE
   New buildings for RESIDENTIAL USE shall be constructed to meet the criteria set out in
   Australian Standards AS2107- ‘Recommended Design Sound Levels and Reverberation
   Times for Building Interiors’ [AS2107-1987] and AS3671- ‘Acoustics Road Traffic Noise –
   Building Siting and Construction’ [AS3671-1989] as amended from time to time, to achieve
   an acceptable noise environment for people living adjacent to commercial activities

d) For Block 19
   Landscaping consistent with a landmark building is required on this land.




                                         Page 27 of Part B1
          TERRITORY PLAN
          PART B1: RESIDENTIAL LAND USE POLICIES


Area B16: Barton Section 27 [V238]40
Objectives
         a)     To create a vibrant mixed use area that is a focal point for the Barton community;
         b)     To encourage land uses which contribute to a diverse and active character and provide
                multiple opportunities for living and working;
         c)     To encourage the integration of development into the surrounding area, while protecting the
                amenity of adjacent residential areas;
         d)     To provide an appropriate transition between the commercial areas of York Park and the
                historic residential areas of Barton;
         e)     To strengthen and enhance major symbolic features of the Griffin plan;
         f)     To enhance the character of Sydney Avenue and reinforce its role as a major axis; and
         g)     To support the development of a sustainable city.

Controls
         a) Land Use

                Add to Schedule 1:
                Club+, COMMERCIAL ACCOMMODATION USE; COMMUNITY USE, Drink Establishment,
                Indoor Recreation Facility; NON RETAIL COMMERCIAL USE; Shop, Restaurant.

                + May be subject to mandatory preliminary assessment in accordance with Appendix II of
                the Plan.

                In Schedule 1 the reference to Clauses 3.1 and 3.2 in relation to Child Care Centre and
                Health Facility are not applicable for Area Specific Policy B16.

         b) Land Use Restrictions

                Club+, COMMERCIAL ACCOMMODATION USE; Drink Establishment, Indoor Recreation
                Facility; NON RETAIL COMMERCIAL USE; Shop, Restaurant.

                i)        New buildings for RESIDENTIAL USE shall be constructed to meet the criteria set out
                          in Australian Standards AS 2107 – “Recommended Design Sound Levels and
                          Reverberation Times for Building Interiors” [AS 2107 – 2000] and AS 3671 –
                          “Acoustics – Road Traffic Noise – Building Siting and Construction” [AS 3671 – 1989]
                          as amended from time to time, to achieve an acceptable noise environment for
                          people living in mixed use developments.
                ii)       shall not be permitted on land fronting Macquarie Street except that a serviced
                          apartment may be permitted.
                iii)      the total gross floor area of all shops on Section 27 shall not exceed 1000m2
                          provided that the maximum gross floor area of a supermarket or shop selling food,
                          does not exceed 400m². In addition, a further 1000m² of gross floor area may be
                          permitted for arts, crafts and sculpture dealer and associated services.
                iv)       the total gross floor area of NON RETAIL COMMERCIAL USE on section 27 shall not
                          exceed 7000m² and that the gross floor area in any one building is limited to 3000m².

         c)           Section Master Plan

40 [V238: Area Specific Policy ‘B16 added 18 May 2006 (Variation Number 238)]



                                                               Page 28 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES




       The Authority may from time to time prepare or cause to be prepared Section Master
       Plans to assist in guiding residential redevelopment on land subject to this Area Specific
       Policy. Where the Section Master Plan approved by the Authority identifies different
       requirements to those specified in the Authority’s relevant Guidelines, redevelopment shall
       be in accordance with those provisions of the Section Master Plan.

       The Section Master Plan may also specify more detailed requirements related to building
       setbacks and other relevant design criteria for Macquarie and Bourke Streets.

d)     Building Height

        The maximum height of buildings shall be in accordance with an approved Section Master
        Plan and shall generally not exceed AHD 591 to the top of the parapet with the following
        exceptions:
     i.      Buildings fronting Macquarie Street are to be a maximum of three storeys in height
             provided that the third storey is set back at least 3 metres from the building line,
             including at the corner of Macquarie and Bourke Streets.

     ii.    Buildings fronting Sydney Avenue may extend to a height of AHD 599 (excluding
            rooftop plant and lift overruns). The built form is to be configured to establish a
            defined parapet at a level approximating the parapet level of the adjacent hotel. The
            built form above this level is to be comprised of visually recessive building elements.

            Rooftop plant is to be recessed and screened.

e)     Design and Siting

     Development of Multi-dwelling housing shall be in accordance with the Authority’s relevant
     Apartment Guidelines.




                                         Page 29 of Part B1

								
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