Get documents about "B1
Document Sample
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.
Page 7 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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
Page 8 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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
Page 9 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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);
Page 10 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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)]
Page 11 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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.
Page 12 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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.
Page 13 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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
Page 14 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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.)
Page 15 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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)]
Page 16 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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)]
Page 17 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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)]
Page 18 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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)]
Page 19 of Part B1
TERRITORY PLAN
PART B1: RESIDENTIAL LAND USE POLICIES
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
TERRITORY PLAN
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
