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 3

Schedule 3 Matters exempt from third-party AAT review

(see s 350 and s 351)

Part 3.1 Definitions

3.1 Definitions—sch 3

In this schedule:

"Belconnen town centre" means the area outlined in bold on the plan in this schedule, division 3.4.2.

"city centre "means the area outlined in bold on the plan in this schedule, division 3.4.1.

"corrections facility"—see the territory plan, volume 2, part 3 (Definitions).

"Gungahlin town centre "means the area outlined in bold on the plan in this schedule, division 3.4.3.

"town centre "means the Belconnen town centre, the Gungahlin town centre, the Tuggeranong town centre or the Woden town centre.

"Tuggeranong town centre "means the area outlined in bold on the plan in this schedule, division 3.4.4.

"Woden town centre "means the area outlined in bold on the plan in this schedule, division 3.4.5.

Part 3.2 Merit track matters exempt from third-party AAT review

column 1

item

column 2

matters

1

A development to which schedule 2 (Limited public notification of certain merit track development applications) applies.

2

The putting up, attaching or displaying of a sign or advertisement on land or to a building or structure on land.

3

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

4

A development on land in—

(a) the city centre; or

(b) a town centre; or

(c) an industrial zone.

5

A development on land in a transport zone and services zone, other than land in the city centre or a town centre, if—

(a) the land is at least 50m from land in a residential zone; and

(b) the development would not result in any of the following uses of the land being permitted:

(i) a hazardous waste facility;

(ii) an incineration facility;

(iii) a land fill site; and

(c) the development would not increase the gross floor area of buildings on the land to more than a plot ratio of 1:1 (calculated on the area of the land at the time of the application); and

(d) the development does not consist of—

(i) the building of a building or structure with a height of more than 10m; or

(ii) the alteration of a building or structure to increase its height to more than 10m.

Note Height —see the dictionary.

6

A development on land in a commercial zone, other than land in the city centre or a town centre, if—

(a) the land is at least 50m from land in a residential zone; and

(b) if the land has been previously developed—the development would not increase the total gross floor area of all buildings on the land by more than 50%; and

(c) if at the time of the application the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and

(d) the development would not have the effect of permitting the use of the land for a corrections facility; and

(e) if the land is in a commercial CZ2 (Business Zone) zone in Deakin, a commercial CZ5 (Mixed Use Zone) zone in Bruce or a commercial CZ2 (Business Zone) zone or commercial CZ5 (Mixed Use Zone) zone on Northbourne Avenue, Canberra Avenue, Yamba Drive or Drakeford Drive—

(i) if no building or structure on the land at the time of the application has more than 4 storeys—the development would not result in a building or structure on the land having more than 4 storeys; and

(ii) if a building or structure on the land at the time of the application has more than 4 storeys—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having more than 4 storeys; and

(iii) if the land is in a commercial CZ2 (Business Zone) zone or commercial CZ5 (Mixed Use Zone) zone on Northbourne Avenue, Canberra Avenue, Yamba Drive or Drakeford Drive—the development would result in the setback of any proposed new building by at least 10m from the land's front boundary; and

(f) if the land is in a commercial CZ1 (Core Zone) zone, commercial CZ2 (Business Zone) zone or commercial CZ3 (Services Zone) zone and is listed in the Group Centres Precinct Code—

(i) if no building or structure on the land at the time of the application has more than 2 storeys—the development would not result in a building or structure on the land having more than 2 storeys; and

(ii) if a building or structure on the land at the time of the application has more than 2 storeys—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having more than 2 storeys; and

(g) if the land is in a commercial CZ4 (Local Centres Zone) zone—

(i) there is no building or structure on the land at the time of the application that has more than 2 storeys; and

(ii) the development would not result in a building or structure on the land having more than 2 storeys; and

(iii) if the lease at the time of the application permits the use of the land for a shop, or a use including a shop—the development would not have the effect of prohibiting the use of the land for a shop; and

(iv) the development would not have the effect of permitting the building of a dwelling on the land.

7

A development on land in a commercial CZ5 (Mixed Use Zone) zone in Kingston or a commercial CZ6 (Leisure and Accommodation Zone) zone other than land in the city centre or a town centre, if—

(a) the land is at least 50m from land in a residential zone; and

(b) if the land has been previously developed—the development would not increase the total gross floor area of all buildings on the land by more than 50%; and

(c) if at the time of the application the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and

(d) if no building or structure on the land at the time of the application has more than 2 storeys—the development would not result in a building or structure on the land having more than 2 storeys; and

(e) if a building or structure on the land at the time of the application has more than 2 storeys—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having more than 2 storeys.

8

A development on land in a community facility zone or PRZ2 (Restricted Access Recreation Zone) zone, other than land in the city centre or a town centre, if—

(a) the land is at least 50m from land in a residential zone; and

(b) the gross floor area of all buildings on the land at the time of the application is not more than 300m ²; and

(c) the development would not result in the total gross floor area of all buildings on the land being more than 300m ²; and

(d) if the land has been previously developed—the development would not increase the proportion of the total site area on the land covered by buildings, driveways and carparking areas by more than 50% (calculated on the area of the land at the time of the application); and

(e) if, at the time of the application, the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and

(f) the development would not have the effect of permitting the use of the land for a corrections facility; and

(g) if no building or structure on the land at the time of the application has more than 1 storey—the development would not result in a building or structure on the land having more than 1 storey; and

(h) if a building or structure on the land at the time of the application has more than 1 storey—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having a height of more than 6m.

Note Height —see the dictionary.

9

A development on land in an urban open space zone, a hills, ridges and buffer zone, a river corridor zone, a mountains and bushland zone or an area identified as a P4 (Plantation forestry precinct) precinct in the territory plan, other than land in the city centre or a town centre, if—

(a) the land is at least 50m from land in a residential zone; and

(b) the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application or permitted by a licence under the Act that is current at the time of the application; and

(c) the development would not increase the area of the leased land by more than 1ha; and

(d) if the gross floor area of all buildings on the land at the time of the application is not more than 300m ²—the development would not result in the total gross floor area of all buildings on the land being more than 300m ²; and

(e) if the gross floor area of all buildings on the land at the time of the application is more than 300m ²—the development would not increase the total gross floor area of all buildings on the land; and

(f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to not more than 50% of the area of the land—the development would not result in the site coverage by buildings, driveways and carparking areas increasing to more than 50% of the area of the land (calculated on the area of the land at the time of the application); and

(g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—the development would not increase the site coverage by buildings, driveways and carparking areas (calculated on the area of the land at the time of the application); and

(h) if there is no building or structure on the land at the time of the application that has more than 1 storey—the development would not result in a building or structure on the land having more than 1 storey; and

(i) if there is a building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having a height of more than 6m.

Note Height —see the dictionary.

10

A development on land in a broadacre zone or rural zone if—

(a) the land is at least 50m from land in a residential zone; and

(b) the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application or permitted by a licence under the Act that is current at the time of the application; and

(c) the development would not increase the area of the leased land by more than 1ha; and

(d) if the gross floor area of all buildings on the land at the time of the application is not more than 2 000m ²—the development would not result in the total gross floor area of all buildings on the land being more than 2 000m ²; and

(e) if the gross floor area of all buildings on the land at the time of the application is more than 2 000m ²—the development would not increase the total gross floor area of all buildings on the land; and

(f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to not more than 50% of the area of the land—the development would not result in the site coverage by buildings, driveways and carparking areas increasing to more than 50% of the area of the land (calculated on the area of the land at the time of the application); and

(g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—the development would not increase the site coverage by buildings, driveways and carparking areas (calculated on the area of the land at the time of the application); and

(h) if there is no building or structure on the land at the time of the application that has more than 1 storey—the development would not result in a building or structure on the land having more than 1 storey; and

(i) if there is a building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having a height of more than 6m.

Note Height —see the dictionary.

11

A development on land in a designated area, other than land in the city centre or a town centre, if—

(a) the land is at least 50m from land in a residential zone; and

(b) the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application or permitted by a licence under the Act that is current at the time of the application; and

(c) if the land has been previously leased—the development would not increase the total gross floor area of all buildings permitted by the lease at the time of the application by more than 50%.

12

The demolition of a building or structure in connection with a development consisting of the building or alteration of a building or structure to which this schedule applies.

13

Public works consisting of the building, alteration or demolition of—

(a) electricity, water, gas or communication services; or

(b) a floodway or sewerage or drainage works; or

(c) a public road, public path, cycleway or car park.

14

The building, alteration or demolition of public facilities on unleased land, including barbecues, seating and playground equipment, or related landscaping.

column 1 item	column 2 matters
1	A development to which schedule 2 (Limited public notification of certain merit track development applications) applies.
2	The putting up, attaching or displaying of a sign or advertisement on land or to a building or structure on land.
3	The building, alteration or demolition of a single dwelling, if the development would not result in more than 1 dwelling being on a block.
4	A development on land in— (a) the city centre; or (b) a town centre; or (c) an industrial zone.
5	A development on land in a transport zone and services zone, other than land in the city centre or a town centre, if— (a) the land is at least 50m from land in a residential zone; and (b) the development would not result in any of the following uses of the land being permitted: (i) a hazardous waste facility; (ii) an incineration facility; (iii) a land fill site; and (c) the development would not increase the gross floor area of buildings on the land to more than a plot ratio of 1:1 (calculated on the area of the land at the time of the application); and (d) the development does not consist of— (i) the building of a building or structure with a height of more than 10m; or (ii) the alteration of a building or structure to increase its height to more than 10m. Note Height —see the dictionary.
6	A development on land in a commercial zone, other than land in the city centre or a town centre, if— (a) the land is at least 50m from land in a residential zone; and (b) if the land has been previously developed—the development would not increase the total gross floor area of all buildings on the land by more than 50%; and (c) if at the time of the application the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and (d) the development would not have the effect of permitting the use of the land for a corrections facility; and (e) if the land is in a commercial CZ2 (Business Zone) zone in Deakin, a commercial CZ5 (Mixed Use Zone) zone in Bruce or a commercial CZ2 (Business Zone) zone or commercial CZ5 (Mixed Use Zone) zone on Northbourne Avenue, Canberra Avenue, Yamba Drive or Drakeford Drive— (i) if no building or structure on the land at the time of the application has more than 4 storeys—the development would not result in a building or structure on the land having more than 4 storeys; and (ii) if a building or structure on the land at the time of the application has more than 4 storeys—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having more than 4 storeys; and (iii) if the land is in a commercial CZ2 (Business Zone) zone or commercial CZ5 (Mixed Use Zone) zone on Northbourne Avenue, Canberra Avenue, Yamba Drive or Drakeford Drive—the development would result in the setback of any proposed new building by at least 10m from the land's front boundary; and (f) if the land is in a commercial CZ1 (Core Zone) zone, commercial CZ2 (Business Zone) zone or commercial CZ3 (Services Zone) zone and is listed in the Group Centres Precinct Code— (i) if no building or structure on the land at the time of the application has more than 2 storeys—the development would not result in a building or structure on the land having more than 2 storeys; and (ii) if a building or structure on the land at the time of the application has more than 2 storeys—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having more than 2 storeys; and (g) if the land is in a commercial CZ4 (Local Centres Zone) zone— (i) there is no building or structure on the land at the time of the application that has more than 2 storeys; and (ii) the development would not result in a building or structure on the land having more than 2 storeys; and (iii) if the lease at the time of the application permits the use of the land for a shop, or a use including a shop—the development would not have the effect of prohibiting the use of the land for a shop; and (iv) the development would not have the effect of permitting the building of a dwelling on the land.
7	A development on land in a commercial CZ5 (Mixed Use Zone) zone in Kingston or a commercial CZ6 (Leisure and Accommodation Zone) zone other than land in the city centre or a town centre, if— (a) the land is at least 50m from land in a residential zone; and (b) if the land has been previously developed—the development would not increase the total gross floor area of all buildings on the land by more than 50%; and (c) if at the time of the application the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and (d) if no building or structure on the land at the time of the application has more than 2 storeys—the development would not result in a building or structure on the land having more than 2 storeys; and (e) if a building or structure on the land at the time of the application has more than 2 storeys—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having more than 2 storeys.
8	A development on land in a community facility zone or PRZ2 (Restricted Access Recreation Zone) zone, other than land in the city centre or a town centre, if— (a) the land is at least 50m from land in a residential zone; and (b) the gross floor area of all buildings on the land at the time of the application is not more than 300m ²; and (c) the development would not result in the total gross floor area of all buildings on the land being more than 300m ²; and (d) if the land has been previously developed—the development would not increase the proportion of the total site area on the land covered by buildings, driveways and carparking areas by more than 50% (calculated on the area of the land at the time of the application); and (e) if, at the time of the application, the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and (f) the development would not have the effect of permitting the use of the land for a corrections facility; and (g) if no building or structure on the land at the time of the application has more than 1 storey—the development would not result in a building or structure on the land having more than 1 storey; and (h) if a building or structure on the land at the time of the application has more than 1 storey—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having a height of more than 6m. Note Height —see the dictionary.
9	A development on land in an urban open space zone, a hills, ridges and buffer zone, a river corridor zone, a mountains and bushland zone or an area identified as a P4 (Plantation forestry precinct) precinct in the territory plan, other than land in the city centre or a town centre, if— (a) the land is at least 50m from land in a residential zone; and (b) the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application or permitted by a licence under the Act that is current at the time of the application; and (c) the development would not increase the area of the leased land by more than 1ha; and (d) if the gross floor area of all buildings on the land at the time of the application is not more than 300m ²—the development would not result in the total gross floor area of all buildings on the land being more than 300m ²; and (e) if the gross floor area of all buildings on the land at the time of the application is more than 300m ²—the development would not increase the total gross floor area of all buildings on the land; and (f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to not more than 50% of the area of the land—the development would not result in the site coverage by buildings, driveways and carparking areas increasing to more than 50% of the area of the land (calculated on the area of the land at the time of the application); and (g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—the development would not increase the site coverage by buildings, driveways and carparking areas (calculated on the area of the land at the time of the application); and (h) if there is no building or structure on the land at the time of the application that has more than 1 storey—the development would not result in a building or structure on the land having more than 1 storey; and (i) if there is a building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having a height of more than 6m. Note Height —see the dictionary.
10	A development on land in a broadacre zone or rural zone if— (a) the land is at least 50m from land in a residential zone; and (b) the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application or permitted by a licence under the Act that is current at the time of the application; and (c) the development would not increase the area of the leased land by more than 1ha; and (d) if the gross floor area of all buildings on the land at the time of the application is not more than 2 000m ²—the development would not result in the total gross floor area of all buildings on the land being more than 2 000m ²; and (e) if the gross floor area of all buildings on the land at the time of the application is more than 2 000m ²—the development would not increase the total gross floor area of all buildings on the land; and (f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to not more than 50% of the area of the land—the development would not result in the site coverage by buildings, driveways and carparking areas increasing to more than 50% of the area of the land (calculated on the area of the land at the time of the application); and (g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—the development would not increase the site coverage by buildings, driveways and carparking areas (calculated on the area of the land at the time of the application); and (h) if there is no building or structure on the land at the time of the application that has more than 1 storey—the development would not result in a building or structure on the land having more than 1 storey; and (i) if there is a building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any increase in the height of the building or structure or any other building or structure on the land having a height of more than 6m. Note Height —see the dictionary.
11	A development on land in a designated area, other than land in the city centre or a town centre, if— (a) the land is at least 50m from land in a residential zone; and (b) the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application or permitted by a licence under the Act that is current at the time of the application; and (c) if the land has been previously leased—the development would not increase the total gross floor area of all buildings permitted by the lease at the time of the application by more than 50%.
12	The demolition of a building or structure in connection with a development consisting of the building or alteration of a building or structure to which this schedule applies.
13	Public works consisting of the building, alteration or demolition of— (a) electricity, water, gas or communication services; or (b) a floodway or sewerage or drainage works; or (c) a public road, public path, cycleway or car park.
14	The building, alteration or demolition of public facilities on unleased land, including barbecues, seating and playground equipment, or related landscaping.

Part 3.3 Impact track matters exempt from third-party AAT review

column 1

item

column 2

matters

1

The building, alteration or demolition of public facilities on unleased land, including barbecues, seating and playground equipment, or related landscaping.

column 1 item	column 2 matters
1	The building, alteration or demolition of public facilities on unleased land, including barbecues, seating and playground equipment, or related landscaping.

Part 3.4 City centre and town centres maps

Division 3.4.1 City centre

j2005-794-plananddevelpreg.V-N100.doc

Division 3.4.2 Belconnen town centre

j2005-794-plananddevelpreg.V-N101.doc

Division 3.4.3 Gungahlin town centre

j2005-794-plananddevelpreg.V-N102.doc

Division 3.4.4 Tuggeranong town centre

j2005-794-plananddevelpreg.V-N103.doc

Division 3.4.5 Woden town centre

j2005-794-plananddevelpreg.V-N104.doc

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