Submission on THE NATIONAL CAPITAL PLAN EXPOSURE DRAFT

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Mildred Nichols
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Canberra Business Chamber Submissin n THE NATIONAL CAPITAL PLAN EXPOSURE DRAFT May 2015 abn 33 600 390 538 t 02 6247 4199 f 02 6257 4421

1 Canberra Business Chamber Submissin n THE NATIONAL CAPITAL PLAN EXPOSURE DRAFT May 2015 abn t f Canberra Business Chamber Grund Flr 216 Nrthburne Ave Braddn ACT 2612 PO Bx 6308 O Cnnr ACT 2602 inf@canberrabusiness.cm

THE NATIONAL CAPITAL PLAN EXPOSURE DRAFT May 2015 Canberra Business Chamber cmmends the cntinuing cmmitment f the Australian Gvernment t the planning, develpment and prmtin f Canberra as the Natinal

2 THE NATIONAL CAPITAL PLAN EXPOSURE DRAFT May 2015 Canberra Business Chamber cmmends the cntinuing cmmitment f the Australian Gvernment t the planning, develpment and prmtin f Canberra as the Natinal Capital. Canberra Business Chamber strngly supprts the rle f the Natinal Capital Authrity (NCA) as custdian f the Natinal Capital Plan (the Plan). As a statutry dcument that is wned by the Parliament f Australia, the Plan has prved t be a gd statutry tl fr defining the Cmmnwealth s strategic interest in the Capital and expectatins fr high quality design utcmes cmmensurate with the natinal status f Canberra. The lcal interest is equally well defined in the Territry Plan administered by the ACT Gvernment. Canberra Business Chamber has advcated that the relatinship between the tw plans has required review and mdernisatin t take accunt f the maturing f the ACT Gvernment in the management f planning and develpment n Territry Land. Canberra Business Chamber welcmes the Natinal Capital Plan Expsure Draft May 2015 (the Expsure Draft) and cnsiders that it ges sme way twards making necessary and practical change. The Expsure Draft is supprted in principle. The fllwing cmments n the Expsure Draft are made in the spirit f cnstructive critique. STRUCTURAL CHANGES The revised frmat and structure f the Plan is supprted. The intrductin f clear Parts and the clser alignment in frmat and hierarchy t the Territry Plan will assist in reducing the perceptin f cmplexity and lessen cnfusin between the tw plans. MATTERS OF NATIONAL SIGNIFICANCE The merger f general matters and intrductry clauses in the current plan int a new Part One adds clarity and serves t highlight the value f the Matters f Natinal Significance in the planning and develpment f Canberra. This is a very valuable change and is supprted. The prpsed change t the first Matter f Natinal Significance is less cnvincing. Amending The pre-eminence f the rle f Canberra and the Territry as Australia s Natinal Capital by replacing the underlined wrds with as the centre f Natinal Capital functins and as a symbl f Australian natinal life and values unnecessarily qualifies the rle. This may weaken the intent with an interpretatin that restricts the significance f the natinal capital t nly thse things pertinent t the Cmmnwealth is functin intended t sweep up Natinal Capital rles such as the Seat f Gvernment and hme f the Australian judiciary? Canberra Business Chamber suggests that further legal cnsideratin be given t the prpsal. In the secnd Matter f Natinal Significance (Preservatin and enhancement f the landscape features which give the Natinal Capital its character and setting ) the replacement f the wrd preservatin with cnservatin and the additin f the wrds and which 1

3 cntribute t the integratin f natural and urban envirnments is supprted. It may be wrthwhile defining cnservatin in the Appendix t align generally with that given in the Australian ICOMOS Burra Charter (Cnservatin means all the prcesses f lking after a place s as t retain its cultural significance). All ther changes prpsed t the Matters f Natinal Significance are supprted. STATEMENT OF PLANNING PRINCIPLES POLICY The prpsal t intrduce a Statement f Planning Principles fr the entire Territry is generally supprted. As the bjectives and principles wuld be binding n bth the Australian and ACT Gvernments it will be imprtant fr the Territry t be cnfident that this Statement aligns with the bject f the Territry Plan and will add value t their planning prcesses. Canberra Business Chamber seeks yur advice that these principles are nt likely t have negative fiscal / business ramificatins fr the ACT Gvernment with n reductin in Specific Purpse Payments (r similar) t the Territry as a result f these (r ther) prpsed changes t the Plan. METROPOLITAN PLANNING - POLICY Revisins t the General Plicy Plan Metrplitan Canberra (figure 2) (General Plicy Plan) prpse the additin f new ptential future urban areas Symnstn, Majura Valley and in the West Murrumbidgee area. It is assumed that all f these were agreed with the ACT Gvernment as part f the cnsultatin n the Expsure Draft. Canberra Business Chamber supprts the prpsal t give greater flexibility t the ACT Gvernment t determine when ptential future urban areas might cme int play thrugh Variatin t the Territry Plan withut further amendment t the Natinal Capital Plan (as is currently the case). The Territry has matured and shuld have the pprtunity t determine when land is t be made available fr urban develpment. Canberra Business Chamber des hwever have a number f issues that require further clarificatin: under the ACT Planning and Develpment Act 2007 the ACT Gvernment is required t make a planning strategy fr the ACT. The ACT Planning Strategy 2012 respnds t that requirement. T avid cnfusin and ensure cperatin it wuld be helpful if the relatinship between that strategy (which is nt part f the Territry Plan) and the General Plicy Plan was made clear in the cntext f the prpsed flexibility ptentially thrugh cllabrative review by the NCA and ACT Gvernment n an agreed cyclical basis; the natinal interest principles based apprach that will be used fr the Territry t achieve the Cmmnwealth s cmpliance test triggered by this new flexibility shuld be articulated. The Canberra Business Chamber is cncerned that any gains in flexibility and autnmy are nt diluted by new cmpliance red tape r Cmmnwealth ministerial interventin. Equally we want t be sure that there are rbust measures in place such that the natinal interest is sufficiently safeguarded. We assume that details f the prpsed prcess that wuld realise this intent and will be made clear in the Draft Amendment; and the pint in the prcess at which the NCA agrees cmpliance shuld be nminated. Is it befre r after a Draft Variatin t the Territry Plan is issued? Canberra Business Chamber is f the view that cmpliance wuld best be agreed ahead f the Variatin prcess s that the ACT Gvernment and Canberra cmmunity des nt waste time / energy in lcal cnsultatin that culd be rendered vid by subsequent Cmmnwealth prcesses. 2

4 EMPLOYMENT LOCATIONS POLICY The general intent f remving Cmmnwealth cntrl n ffice lcatins as a means t manipulate emplyment grwth in particular areas (by deleting the detailed plicies frm the Emplyment Lcatin in the Plan) appears t have merit. Hwever Canberra Business Chamber requests that the verarching strategic directin regarding defined emplyment centres (as shwn in Fig 19 f the Plan) be cnsidered fr retentin ptentially integrated as part f the revised General Plicy Plan. DIPLOMATIC LAND USE POLICY Canberra Business Chamber strngly supprts the prpsal t add Diplmatic Missin t Designated Areas in parts f Bartn/Frrest, West Basin, Cnstitutin Avenue and Anzac Parade. The need t find new accmmdatin pprtunities fr the diplmatic estate (a fundamental rle f the Natinal Capital) in Canberra has been a pressing issue fr a number f years. The Precinct Cde prpsed fr the diplmatic estate retains the current maximum building height f tw streys n develpment. This shuld be re-cnsidered. As an alternative, Canberra Business Chamber suggests that a perfrmance-based apprach be cnsidered that relates t streetscape and cntext. There may well be ccasins where taller buildings with small ftprints are mre suitable t the cntext and diplmatic requirements than a simplistic tw-strey slutin. HERITAGE POLICY The inclusin f heritage places within Designated Areas being cnsidered as Cmmnwealth Areas fr the purpses f applying the prvisins f the Envirnmental Prtectin and Bidiversity Act 1999 is supprted. This will prvide greater certainty fr the prtectin f Territry heritage assets in such areas. DESIGNATED AREAS The intrductin f Precinct Cdes fr Designated Areas is supprted as a psitive tl which will make it easier t appreciate the Cmmnwealth design and siting intentins fr areas f special natinal imprtance. Canberra Business Chamber accepts the advice f the NCA that planning prvisins fr existing Designated Areas have all been retained withut change in the transfer t Precinct Cdes. We nte that the wrds intersecting with Lndn Circuit appear t have been inadvertently deleted frm the landmark building height prvisins fr City Hill (Expsure Draft 4.6) a change that wuld rdinarily be subject t scrutiny. Nevertheless, develpment prjects within the City Hill Precinct that are f significant value t Canberra business and t the prfile f ur city, ntably the Australia Frum and future pprtunities fr the Canberra Theatre and Gallery cmplex, may need t be f a height abve that currently permissible in the Plan. Canberra Business Chamber encurages the NCA t use this prcess t appraise and test the height prvisins fr City Hill as part f the Draft Amendment prcess. A cmprehensive explanatin is nt given fr the prpsed additin f the Australian Institute f Sprts (AIS) t the Designated Areas. Canberra Business Chamber understands that mst f the AIS is Territry Land and that the ACT Gvernment has vested interests in the site. 3

5 Remving ACT planning apprval frm this area seems arbitrary. Canberra Business Chamber reserves its psitin n this recmmendatin subject t further infrmatin being made available. Dunrssil Drive leading t Gvernment Huse is Natinal Land but has nt been prpsed fr additin t the Designated Areas. Canberra Business Chamber is f the view that the natinal interest test in this case (by virtue f use, heritage and lcatin) warrants inclusin and recmmends the transfer f status. NCA wrks apprval in Designated Areas that are n Territry Land has been a surce f sme discntent with the ACT Gvernment and has led t cnfusin fr planning and develpment in Canberra fr a number f years. In the interests f streamlining and clarifying apprval prcesses, Canberra Business Chamber encurages the NCA t cntinue t wrk with the ACT Gvernment twards ratinalisatin f the matter. SPECIAL REQUIREMENTS Canberra Business Chamber is cncerned that the dual and verlapping respnsibilities f the NCA and the Territry in the planning apprval prcess fr areas subject t Special Requirements (n Territry Land) remains unreslved. These requirements and the assciated red tape are arguably the mst cnfusing fr the cmmunity with little t shw in the quality f the built utcmes. Canberra Business Chamber encurages the NCA and the ACT Gvernment t wrk tgether t remve all Special Requirements frm Territry Land in the Plan and replace them with sund and cmprehensive plicies attuned t achieving psitive urban, pen space and design utcmes. The prpsed remval f Special Requirements frm sme areas within the Natinal Capital Open Space System and frm Haig Park and Telpea Park is supprted n the prvis that their cntinued use and cnservatin as pen space places is prtected in the Plan. Canberra Business Chamber strngly supprts the city centre as the cmmercial and scial heart f Canberra while recgnising that the ther Twn Centres have a vital rle in servicing their surrunding areas. Hwever, we see n reasn why Civic (part) is retained in the Special Requirements. We nte that Appendix L (civic centre twnscape prvisins) is prpsed fr deletin, that NCA apprved Develpment Cntrl Plans are nt currently required fr this area, that all f the sites are n Territry Land (Figure 138 Expsure Draft), and that the principles and plicies fr the City as prpsed in the Expsure Draft add little apparent value t future built utcmes. We recmmend that as an alternative t Special Requirements the NCA shuld wrk with the ACT Gvernment t develp cmprehensive plicies fr quality urban utcmes fr Civic t be embedded in the Plan cmmensurate with the status f the Natinal Capital. This wuld give greater certainty t develpers and the cmmunity - particularly fr the next phase f significant city develpments. GENERAL Canberra Business Chamber ntes that the Expsure Draft des nt entertain any change t the verarching ACT (Planning and Land Management) Act In effect this means that the relatinship between the Natinal Capital Plan and the Territry Plan and assciated amendment/variatin and apprval prcesses cannt be fully reviewed. There wuld be merit in the NCA and ACT Gvernment reviewing the Act t explre mre streamlined measures and prcesses in the relative plans. This culd result in changes being prpsed t mdernise the Act and establish a mre cllabrative relatinship between the Territry and Cmmnwealth. 4

Annex 03 - Recommendation #3: Redefining ICANN s Bylaws as Standard Bylaws and Fundamental Bylaws

Annex 03 - Recommendation #3: Redefining ICANN s Bylaws as Standard Bylaws and Fundamental Bylaws Annex 03 - Recmmendatin #3 Annex 03 - Recmmendatin #3: Redefining ICANN s Bylaws as Standard Bylaws and Fundamental Bylaws 1. Summary Currently ICANN nly has ne class f Bylaws. All ICANN Bylaws can be