PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008)

Australian Capital Territory Numbered Regulations

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PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - SCHEDULE 2

Schedule 2 Limited public notification of certain merit track development applications

column 1

item

column 2

matters

1

The building or alteration of 2 or more dwellings, or buildings or structures associated with the dwellings, on a block that has ceased to be in a future urban area under the Act, section 96 (3) if—

(a) at the time of the application, the lease for the block permits a development of the type applied for, or the lease was granted for development and subdivision; and

(b) if the area of the block is not more than 450m²—no setback is required by the territory plan for the dwellings, buildings or structures in relation to 1 side boundary only; and

(c) if the area of the block is more than 450m²—the setback of the dwellings, buildings or structures is required by the territory plan to be at least—

(i) 4m from any front boundary; and

(ii) 3m from any rear boundary; and

(iii) 3m from any side boundary; and

(d) the development would not result in the building on the block of—

(i) a building having more than 1 storey; or

(ii) a building or structure having a height of more than 6.5m; and

Note Height —see the dictionary.

(e) the development would not result in the alteration of a building on the block at the time of application—

(i) to add 1 or more storeys; or

(ii) by the construction of an alteration having more than 1 storey; and

(f) the development would not result in the alteration of a building or structure on the block at the time of application—

(i) to increase its height to more than 6.5m; or

(ii) by the construction of an alteration having a height of more than 6.5m.

2

The demolition of a building or structure in connection with the building or alteration of a building or structure to which item 1 applies.

3

Public works in a future urban area if the works are—

(a) the building, alteration or demolition of a building or structure; or

(b) the carrying out of earthworks or other construction work that would affect the landscape of the area.

4

The building, alteration or demolition of a single dwelling, if the development would not result in more than 1 dwelling being on a block.

5

The demolition of a building or structure in connection with the building or alteration of a single dwelling, if the development would not result in more than 1 dwelling being on a block.

6

The building, alteration or demolition of a class 10 building or structure.

Note A class 10 building or structure is a non-habitable building or structure (see building code).

column 1 item	column 2 matters
1	The building or alteration of 2 or more dwellings, or buildings or structures associated with the dwellings, on a block that has ceased to be in a future urban area under the Act, section 96 (3) if— (a) at the time of the application, the lease for the block permits a development of the type applied for, or the lease was granted for development and subdivision; and (b) if the area of the block is not more than 450m²—no setback is required by the territory plan for the dwellings, buildings or structures in relation to 1 side boundary only; and (c) if the area of the block is more than 450m²—the setback of the dwellings, buildings or structures is required by the territory plan to be at least— (i) 4m from any front boundary; and (ii) 3m from any rear boundary; and (iii) 3m from any side boundary; and (d) the development would not result in the building on the block of— (i) a building having more than 1 storey; or (ii) a building or structure having a height of more than 6.5m; and Note Height —see the dictionary. (e) the development would not result in the alteration of a building on the block at the time of application— (i) to add 1 or more storeys; or (ii) by the construction of an alteration having more than 1 storey; and (f) the development would not result in the alteration of a building or structure on the block at the time of application— (i) to increase its height to more than 6.5m; or (ii) by the construction of an alteration having a height of more than 6.5m.
2	The demolition of a building or structure in connection with the building or alteration of a building or structure to which item 1 applies.
3	Public works in a future urban area if the works are— (a) the building, alteration or demolition of a building or structure; or (b) the carrying out of earthworks or other construction work that would affect the landscape of the area.
4	The building, alteration or demolition of a single dwelling, if the development would not result in more than 1 dwelling being on a block.
5	The demolition of a building or structure in connection with the building or alteration of a single dwelling, if the development would not result in more than 1 dwelling being on a block.
6	The building, alteration or demolition of a class 10 building or structure. Note A class 10 building or structure is a non-habitable building or structure (see building code).

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