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Draft Development Control Plan No: 171/10/0002Parts Block 18 and 19 Section 71 LynehamBlock 20 Section 71 LynehamBlock 1 Section 75 LynehamPart Block 5 Section 72 Lyneham

Block 4 Section 72 LynehamBlocks 429, 444 and 445 Gungahlin District

Submission by the North Canberra Community Council Inc.March 29, 2010

BackgroundThe North Canberra Community Council (NCCC) welcomes the opportunity tocomment on the draft development control plan. We note that the catalyst forDCP No. 171/10/0002 appears to be development proposals on the blocks ofland on the Exhibition Park in Canberra (EPIC) and Kamberra Winery sites. Our

primary concern does not lie with the DCP itself, but the processes under whichsubsequent development applications will be assessed and the level of publicconsultation.

The Preamble to the DCP states In the absence of a provision in the Plan to thecontrary, all developments should be in accordance with the relevant provisionsof the Territory Plan 2008. It goes on to say that The subject area is TerritoryLand outside the Designated Area of the [Territory] Plan and therefore the ACTPlanning and Land Authority (ACTPLA) is responsible for assessing developmentapplications relating to the subject area. In doing so, ACTPLA is required toensure any proposal is not inconsistent with this DCP or the Plan.

In regard to designated areas, the Preamble states that The NorthbourneAvenue road reservation forms part of the Designated Areas of the Plan andtherefore the National Capital Authority (NCA) is responsible for granting worksapproval within the Northbourne Avenue road reservation.

The NCCC notes that the land in question which is not part of the DesignatedAreas of the National Capital Plan is in the NUZ1 Broadacre Zone of the TerritoryPlan 2008 as listed below.

We would like to point out that the development proposals which have apparently

been the catalyst for the DCP are listed as prohibited. Prohibited developmentson broadacre land include service stations, hotels, restaurants, and drinkingestablishments.

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APPENDIX 1:DEFINITION OF BROADACRE LAND IN THE TERRITORY PLAN 2008

NUZ1 Broadacre Zone

Zone Objectives

a) Make provision in a predominantly rural landscape setting for a range of useswhich require larger sites and/or a location outside urban areas

b) Make provision for activities requiring clearance zones or protection fromconflicting development

c) Ensure that development does not adversely impact or visually intrude on thelandscape and environmental quality of the locality

d) Ensure, where appropriate, that development and the use of land does notundermine the future use of land which may be required for urban and otherpurposes

e) Provide land for future investigation of urban capability and suitability forurban development purposes

ProhibitedA development application can not be made

Any development not listed as assessable development in this Table and that

appears in Part 13 - Definitions are prohibited, ie:

Drink establishment

Hotel

Motel

RestaurantService station

Specific areas have additional developments that may be approved subject to

assessment. These areas and the additional developments are listed below

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Figure 5 North Lyneham/Mitchell

Site Identifier: North Lyneham (Figure 5)

Additional Development: Place of assemblyCode: Non-Urban Zones Development Code

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MINIMUM ASSESSMENT TRACKIMPACT

Development application required and assessed in the Impact Track.

Development CodeCorrections facility Non-Urban Zones Development Code

1. A development that is not an Exempt, Code Track or Merit Trackdevelopment where the development is allowed under an existing lease, (seesection 134 of the Planning and Development Act 2007).

2. A development that would be permissible under the National Capital Plan butwhich is identified as prohibited development in this Table.

3. Development specified in Schedule 4 of the Planning and Development Act2007 and not listed as prohibited development in this Table.

4. Development declared under Section 123 and Section 124 of the Planningand Development Act 2007 and not listed as prohibited development in this

Table.5. Any development not listed in this Table.

Richard LarsonDeputy ChairNorth Canberra Community CouncilPO Box 396Dickson ACT 2602