Land Use

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  1. The National Capital Authority's policy in respect of residential land use is that it may only be used for the purpose of erecting a dwelling, a residential flat building or a medium density dwelling where that building or dwelling complies with the covenants set out in the lease except that Dual Occupancy may be approved in accordance with Appendix P of this Plan and other residential buildings may be approved that comply with conditions in Appendix H or with other specific conditions for residential development specified elsewhere in the Plan.
  2. A residential flat building or medium density dwelling may be erected on those Crown Lease lands where a covenant has been made between the Commonwealth and the lessee permitting such erection.
  3. All buildings are required to comply with the relevant Design and Siting Conditions of the National Capital Authority.
  4. As part of the consideration of an application for any residential development or redevelopment, other than for a single dwelling house, the National Capital Authority will require the applicant to notify the proposal in the principal daily newspaper circulating throughout Canberra inviting comments within two weeks of that notice appearing and for the comments to be provided to the National Capital Authority. The National Capital Authority will take into consideration such comments received before approving the application. The National Capital Authority will also require written assurance from the applicant that neighbours have been separately informed in writing of the proposal and have been made aware of the intention to invite comments on the proposal by way of a notice appearing in the local newspaper and by a sign describing the proposal being prominently displayed at the front boundary of the site. When comments are received they will be used to assist the National Capital Authority delegates to determine whether or not the stated performance criteria are satisfied and to establish if the intentions of the policy applying to the site regarding residential amenity can be met.
    For single dwelling house applications the National Capital Authority will require the applicant to notify the adjoining neighbours of the proposal in writing and by a sign describing the proposal being prominently displayed at the front boundary of the site. Comments received will need to be provided to the National Capital Authority and will be taken into consideration when assessing such applications.
  5. For the purposes of residential land use the following definitions will apply:

Dwelling

means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile and includes outbuildings, if any, that are normal to the enjoyment and exclusive use of the dwelling.

Residential Flat Building

means a building or group of buildings containing two or more dwellings.

Medium Density Dwelling

means a building designed, constructed or adapted for and used as a private dwelling for a single household which forms part of a group of two or more dwellings and includes group houses, villa homes, cottage houses, courtyard houses, town houses and semi-detached or terrace buildings and the like.

Amenity

means in relation to an area, a planning area or a locality, includes such quality or condition in the area, planning area or locality as contributes to its pleasantness and harmony and to its better enjoyment.