Report on Consultation

Draft Development Control Plan 14/02
Block 13 Section 25 Griffith
Canberra Avenue

June 2014

Contents
Contents
1	Introduction
1.1	Purpose and background
1.2	National Capital Plan requirements
1.3	Effect of the Development Control Plan
2	Public consultation
2.1	Development Control Plan process
2.2	Stakeholders
2.3	Release of the draft Development Control Plan for public comment
3	Issues raised as part of consultation
3.1	Setback terminology
Issue
NCA action
4	Internal Review
4.1	Building height and rooftop plant
Issue
NCA action
4.2	Replication of Territory Plan provisions
Issues
NCA action
5	Recommended changes
6	Conclusion
Appendix A – Summary of submissions

1	Introduction
1.1	Purpose and background
This report summarises the issues raised during the public consultation process undertaken by the National Capital Authority (NCA) on draft Development Control Plan (DCP) 14/02 for Block 13 Section 25 Griffith.
In February 2014, the NCA received a request from the Amalgamated Property Group to establish a DCP for the Block 13 Section 25 Griffith. The DCP will guide future development on the site.
1.2	National Capital Plan requirements
The National Capital Plan (the Plan) came into effect on 21 January 1990. In accordance with the Plan (Section 2.3), Special Requirements apply to development on land adjacent to Canberra Avenue. Special Requirements state:
‘Development is to conform to a Development Control Plan (agreed by the National Capital Authority) which seeks to secure the integrity of the Main Avenues as approaches to the Parliamentary Zone and ensure that the setting, buildings and purpose of development enhance that function.’
Draft DCP 14/02 has been prepared in accordance with the Plan.
1.3	Effect of the Development Control Plan
DCP 14/02 will guide development of the Block 13 Section 25 Griffith and includes provisions for:
•	general planning and urban design objectives for development requirements 
•	building height and setback, and architectural quality in built form.
•	requirements for access to the site and parking.
•	providing for an enhanced landscape character along the Barton Highway frontage. 

2	Public consultation
2.1	Development Control Plan process
The process for making a DCP is outlined in Figure 1.
Figure 1: Outline of the Development Control Plan process

STEP 1
Development intention expressed	
	
STEP 2
Preparation of a Draft DCP. NCA considers the views and issues expressed by key stakeholders and prepares the Draft DCP for public consultation	
	
STEP 3
Public consultation on a Draft DCP	
	
STEP 4
Consideration by Authority	
	
STEP 5
Decision	

2.2	Stakeholders
On Wednesday 14 April 2014, the NCA released draft DCP 14/02 for public consultation. The following stakeholders were identified as having an interest in the future development of the site:
•	ACT Government Environment and Sustainable Development Directorate
•	ACT Government Territory and Municipal Services Directorate
•	Inner South Canberra Community Council 
•	Griffith/Narrabundah Residents Association
•	Kingston/Barton Residents Association
•	lessees and business owners in the area.
All identified stakeholders were advised by letter and/or electronic mail about the release of the draft DCP for public comment.
2.3	Release of the draft Development Control Plan for public comment
In accordance with the NCA’s ‘Commitment to Community Engagement (August 2011)’ the consultation period ran for six weeks, concluding on 2 June 2014. The consultation process included:
•	14 April 2014 – draft DCP 14/02 published on the NCA’s web site and a media release was provided to national media outlets. A notice was also published in The Canberra Times on this day.
•	16 February 2014 – written notices sent to identified key stakeholders.
•	30 April 2014 – public information session was held at the NCA offices.
•	2 June 2014 – period for written submissions concluded.

3	Issues raised as part of consultation
The NCA received two written submissions, both from the ACT Government, in response to the draft DCP. These were acknowledged by the NCA. No public submissions were made in response to the draft DCP. A summary of the submissions, together with a detailed response, is at Attachment A.
3.1	Setback terminology
Issue
It was requested that Clause 5.1 clearly articulate that setbacks were to be measured from block boundaries and not the kerb line.
NCA action
One change to the DCP is recommended. Clause 5.1 is amended to read:
Buildings are to be setback a minimum of ten metres from the Canberra Avenue frontage and four metres from the Hely Street frontage of the site. Internal setbacks are subject to the Territory Plan.
4	Internal Review
4.1	Building height and rooftop plant
Issue
The draft DCP specified that:
Roof top plant and equipment, if required, must be enclosed and the enclosures are to be carefully integrated with the roof form and design of the building. All such plant and equipment shall be totally concealed from view from Canberra Avenue and Parliament House. Rooftop plant is not included in the maximum height permitted by DCP drawing 14/02 provided it is setback from the building elevations and appropriately screened. Rooftop plant may extend beyond RL591 provided it is an integral part of the overall design and consistent with the requirements of this DCP.
No submissions made during the public consultation noted this provision. However, it may be considered that allowing greater flexibility in permissible building heights will encourage proposals that push the actual building height upward regardless of the permissible building height.
NCA action
This is not consistent with DCPs previously approved by the Authority. The sentence actively excluding rooftop plant from the building will be deleted. This definition of building height is sufficiently covered by the Territory and National Capital Plans. 
One change is recommended to the DCP. Clause 6.2 will be amended to read:
Roof top plant and equipment, if required, must be enclosed and the enclosures are to be carefully integrated with the roof form and design of the building. All such plant and equipment shall be totally concealed from view from Canberra Avenue and Parliament House.
4.2	Replication of Territory Plan provisions
Issues
Clause 8.3 reads:
Car parking is to be provided in general accordance with the Territory Plan (ACT Parking and Vehicular Access General Code).
NCA action
This clause replicates provisions of the Territory Plan and therefore is not required. 
5	Recommended changes
In response to submissions received, and as a result of internal review, the following changes are recommended to draft DCP 14/02:
•	Delete second sentence of Clause 6.2 to read:
Roof top plant and equipment, if required, must be enclosed and the enclosures are to be carefully integrated with the roof form and design of the building. All such plant and equipment shall be totally concealed from view from Canberra Avenue and Parliament House.
•	Amend legend of DCP drawing to include correct articulation zone measurement.
•	Clause 5.1 is amended to read:
Buildings are to be setback a minimum of ten metres from the Canberra Avenue frontage and four metres from the Hely Street frontage. Internal setbacks are subject to the Territory Plan.
•	Delete Clause 8.3 as it replicates ACT requirements.
•	Add reference to DCP drawing 14/02 in clause 8.5 to ensure reference to ‘Indicative Planting’ when setting landscape requirements for parking areas
6	Conclusion
Draft DCP 14/02 was released for public consultation in April 2014 in accordance with the NCA’s ‘Commitment to Community Engagement (August 2011)’. Two written submissions from the ACT Government were received in regard to draft DCP 14/02.
Five changes to the draft DCP have been made. 
Appendix A – Summary of submissions
Note: Details of each submission have only been reproduced in this table where a submitter has granted permission for their name and/or address to be used by the National Capital Authority (NCA) for the purpose of the Report on Consultation for Development Control Plan 14/02.
Submission No.	Details of Submitter	Key Points Raised in Submission	NCA Consideration	
1.	ACT Government - Environment and Sustainable Development Directorate (ESDD)	The ACT Government supports the preparation of DCP14/02 subject to consideration being given to the comments included below.	Noted.	
		The Draft DCP seeks to control redevelopment of the existing two storey office building on the site for residential purposes.  The subject land is zoned CZ2 under the Territory Plan and Commercial Accommodation Use and Residential Use are both assessable development.	Noted.	
		Please note there is a typo in the legend of the drawing, where the Articulation Zone is indicated as 2.5km as opposed to 2.5m.	This has been amended in final DCP.	
		In accordance with the ACT Environment Protection Authority’s ‘Contaminated Sites Environment Protection Policy 2009’ and the ACT Government's ‘Strategic Plan Contaminated Sites Management 1995’ the site must be assessed (and remediated if necessary) for potential contamination by a suitably qualified environmental consultant.  The consultant’s findings into the suitability of the site for the proposed use(s) must be reviewed and endorsed by the EPA prior to that change in use or redevelopment of the site.	Noted. This is matter for the ACT Government at the development assessment stage. 	
		Development is to comply with minimum clearance to Overhead assets and minimum separation to underground assets.
Proponent is required to contact ActewAGL Prior to the commencement of any development activity to negotiate the connection of new/upgrade and /or relocation of existing electricity assets.
Proponent may be required to provide the space for substation if the existing supply doesn’t meets requirement.
Proponent may be required to install special earthing (if the substation is found to be within 100 meters of any special location e.g. child care, public pool, lake etc) to less than 1 ohm.	Noted. This is a matter for ActewAGL and the developer of the site at the detailed design stage.	
2.	ACT Government – Territory and Municipal Services Directorate	Section 8.1 of the DCP mandates that ‘vehicular access point location(s) will be determined or agreed with the relevant approval authorities’. DCP drawing 14/02 provides additional guidance to the vehicle access location which is off a side entry road called Hely Street. Hely Street is connected to Canberra Avenue via an existing give way T-junction. The proposed access point to the subject site is considered reasonable considering the alternative access point is Canberra Avenue. (Potential development condition: given the site’s proximity to Canberra Avenue and Wentworth Avenue, vehicles must exit from the subject site to Hely Street in a forward gear).	Noted. These are matters to be considered as part of the detailed design stage and the development assessment process.	
		Section 8.2 of the DCP mandates the requirement to undertake a ‘traffic and parking assessment to accompany any development proposal, and this will be determined in consultation with the approving authority’. The requirement for a ‘traffic and parking assessment’, prepared in consultation with ESDD and Roads ACT, is considered sufficient control to ensure safe access and egress to the subject site.	Noted. 
	
		…we note that specifying the 'Building setback' and the point from which this requirement is measured is unclear. TAMS recommends that Section 5.1 be revised to reflect that building setbacks are to be measured from the property boundary, not from the back of the kerb of Canberra Avenue or Hely Street.	Clause 5.1 has been amended to ensure setback requirements are clear. 
	
		" ... The DCP should mention that a noise assessment would be required for a residential development on this block adjacent to a major arterial road- Canberra Avenue carrying approximately 20,000 vehicles per day. This is in consistent [sic] with Rule 42 of the Single Dwelling Housing Planning Division Development Code and Rule 67 of Multi Unit Housing Development Code."	The DCP describes the form and character of development. The timing of any approval and consequential impact of development is a matter for the ACT Government.