REPORT ON CONSULTATION
NATIONAL CAPITAL PLAN
DEVELOPMENT CONTROL PLAN 11/03
PART SECTION 48, PART BLOCK 4 SECTION 84, PART BLOCKS 4 & 5, SECTION 85,86,87 AND PART BLOCKS 7 & 8 SECTION 47 FYSHWICK
December 2011

Table of Contents
DEVELOPMENT CONTROL PLAN 11/03
1 Introduction
1.1 Purpose and Background
1.2 Existing National Capital Plan Provisions
1.3 Effect of the Draft Development Control Plan
2 Public Consultation
2.1 Development Control Plan Process
2.2 Release of the Draft DCP for Public Comment
Public Information Session
Written Submissions
3 Recommended Changes to Draft Development Control Plan 11/03
4 Conclusion
Appendix A – Submissions
Appendix A - Summary of Submissions

1 Introduction
1.1 Purpose and Background
In February 2010 the Minister for Home Affairs, The Hon. Brendan O’Connor MP, approved National Capital Plan Amendment 70 – Section 87 and Part Sections 83 and 85 Fyshwick and Appendix E. Amendment 70 changed the land use policy of Section 87 and Part Sections 83 and 85 Fyshwick from ‘Broadacre Areas’ to ‘Urban Areas’ in recognition that the land was to be developed for industrial purposes. 
DCP 171/05/0002 currently identifies these blocks as being within ‘Broadacre Areas’ The proposed amendments to the DCP will ensure consistency between the land use policy and the amended National Capital Plan. The policy content of the DCP has also been reviewed and updated where appropriate 
If approved the DCP 11/03 will supersede DCP 171/05/0002.
On 16 September 2011 the NCA released draft DCP 11/03. The period for public comment ran for 6 weeks in accordance with the NCA’s Commitment to Community Engagement (August  2011). Submissions closed on 1 November 2011. Two written submissions were received.
On Wednesday 14 September 2011 between 12pm and 1.30pm a public information session was held at the NCA offices. Two (2) NCA staff members were in attendance. One (1) member of the public attended the information session.
1.2 Existing National Capital Plan Provisions
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 (not included within any Designated Area) adjacent to National Capital Approach Routes. 
For the purposes of Special Requirements, Canberra Avenue is defined in the National Capital Plan as an Approach Route.  
Special Requirements state that development is to ‘conform to Development Control Plans agreed by the Authority, which seek to enhance the surrounding predominantly rural character and landscape outside the urban areas. As the Approach Routes enter the built up areas, the emphasis shall shift to a more formal character.’
Draft DCP 11/03 has been prepared in accordance with the Plan. 
1.3 Effect of the Draft Development Control Plan
Draft DCP 11/03 establishes planning and urban design provisions including building height, landscape character, access and parking for Part Section 48, Part Block 4 Section 84, Part Blocks 4 & 5, Section 85, 86, 87 and Part Blocks 7 & 8 Section 47 Fyshwick.
Draft DCP 11/03 includes the following requirements:
•	Enhance and formalize the character of Canberra Avenue as an Approach Route.
•	Allow for development of Part Section 48, Part Block 4 Section 84, Part Blocks 4 & 5 Section 85, Sections 86 and 87, and Part Blocks 7 & 8 Section 47 Fyshwick with scale appropriate to Canberra Avenue.
•	Ensure that any buildings within the DCP area demonstrate a high architectural design quality, particularly when viewed from Canberra Avenue.
•	Ensure that any buildings within the DCP area are appropriately integrated within a landscaped setting.
•	Ensure that the height, massing, and spatial arrangements of buildings reflect the importance and prominence of the site.

2 Public Consultation
2.1 Development Control Plan Process
The process for making a Development Control Plan 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 Release of the Draft DCP for Public Comment
The NCA released the draft DCP for public consultation on 16 September 2011. 
The following stakeholders were identified as having an interest in the future development of the site:
•	ACT Territory and Municipal Services (TaMS);
•	Environmental And Sustainable Development Directorate (ESDD) formerly ACT Planning and Land Authority (ACTPLA); 
•	Department of Land and Property Services (LAPS); and
•	Foskett Architects (representing a lessee subject to the DCP)
The above stakeholders were advised by letter about the release of the draft DCP for public comment and provided with a copy of the draft document.
In accordance with the NCA’s Commitment to Community Engagement (August 2011) the NCA held a six week consultation period. Which concluded on Tuesday 1 November 2011. The consultation process included:
•	Friday 16 September 2011  – draft DCP published on the NCA’s web site;
•	Saturday 17 September 2011 – notice published in the Canberra Times;
•	Monday 19 September 2011 – written notices sent to identified key stakeholders inviting comments on the draft DCP; and
•	Wednesday 28 September 2011 – public information session held at the NCA offices between 12 noon and 1:30pm.
•	Tuesday 1 November 2011 – period for written submissions regarding draft DCP concluded. 
Public Information Session
On Wednesday 28 September 2011, a public information session was held at the NCA offices between 12pm and 1:30pm.  Two representatives from the NCA were present. One (1) member of the public attended.
The member of the public who attended the public information session raised issues concerning setbacks and building heights and signage
Written Submissions

The NCA received two written submission in response to the draft DCP.  These submissions were acknowledged by the NCA. 
The written submissions supported the proposal but requested some changes to the DCP. 
Consideration of the issues raised by written submissions is included in Appendix A of this report on consultation. 
3 Recommended Changes to Draft Development Control Plan 11/03
Following a review of the issues raised during the public consultation period and an internal review, the NCA has made three changes to draft DCP 11/03.  
4 Conclusion
Draft Development Control Plan 11/03 Part Section 48, Part Block 4 Section 84, Part Blocks 4 & 5, Section 85,86,87 and Part Blocks 7 & 8 Section 47 Fyshwick was released for public consultation in September 2011 in accordance with the NCA’s Commitment to Community Engagement (August 2011).  Two written submissions had been received in regard to draft DCP 11/03.
Three changes to the DCP have been made following this period of public consultation.

Appendix A – Submissions 
Appendix A - Summary of Submissions
Note: Details of each submitter 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 for the purposes of the Report on Consultation for draft Development Control Plan 11/03. 

Submission No.	Details of Submitter	Key Points Raised in Submission	NCA Consideration	
1	Environment and Sustainable Development Directorate 
GPO Box 1908
Canberra ACT 2601	3.1 Building Design should reflect previous DCPs from the Fyshwick – Canberra Avenue area which state that buildings should be parallel to Canberra Avenue.
4.2 Building Frontages Clause 4.2 should be amended to include Tom Price Street
6. Building Setbacks should be indicated on the DCP drawing
 It was noted that the Eastern Broadacre Study may influence changes to the DCP in the future. 	The NCA has no objection to these suggested changes. The NCA also notes that the DCP may need review in light of the Eastern Broadacre Study.

2

2	Foskett Architects

Foskett Architects
	3.1 Building Design: The proposed building (Mercedes-Benz Dealership) is of a high design standard and presents an active frontage to Canberra Avenue. 
5. & 6. Building Height & Setbacks: The Foskett Proposal indicates a building of 7.2m in height. This would require a larger setback than the 10m allowed for buildings up to 6m. The proposal also consists of a transparent façade (glass) and Foskett believe that this would reduce the visual impact of a slightly higher building than the current DCP allows. It is also noted that a substantial and well designed building will provide a “gateway” to the Epicentre precinct.

10. Signage: It was noted that signage is subject to assessment against the Signage Master Plan approved by the relevant ACT Government Directorate. Consideration was requested for the requirements of national and international companies who have standardised signage. Foskett Architects state that this standard signage will comply with the NCP “Signs General Code”. 	Individual development proposals are subject to change over time and are not sufficient reason for relaxation or amendment of the Planning and Urban Design Objectives set out in the DCP. 
The current approach to setbacks and building height creates a level of uniformity that is required to formalise the Approach Route. This is a key Design Objective of the DCP. The provision of a ‘gateway’ to the Epicentre Precinct is provided by a development zone that allows for 15m building heights as distinct from the 12m restriction for the majority of the DCP area. 

The relevant signage is said to be compliant with the NCP. If this is the case then issues pertaining to signage in regards to the Signage Master Plan will be dealt with during the ESDD development approval process.