report on consultation - planning · 2019-04-01 · consultation report dv355 calwell group centre...

ATTACHMENT B

Planning and Development Act 2007

REPORT ON CONSULTATION

Draft Variation to the Territory Plan 355

Calwell Group Centre -

Zone changes and amendments to the Calwell Precinct Map and Code

February 2019

Consultation Report DV355 Calwell group centre

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Table of Contents

1. INTRODUCTION 1

2. COMMENTS FROM THE PUBLIC 1

2.1 Details 1

2.2 Issues and responses 2

3. COMPLIANCE WITH THE PLANNING AND DEVELOPMENT ACT 2007 7

3.1 Release for Public Comment (section 63) 7

3.2 Notice of Submission to the Minister (section 70) 7

4. APPENDICES 8

Appendix 1 Draft variation 355 public release version Appendix 2 Copies of public comments received on

draft variation 355


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1. INTRODUCTION

This consultation report was prepared in accordance with s 69 of the Planning and Development Act 2007 (the P&D Act). The report describes the consultation undertaken on the draft variation with the public, the National Capital Authority (NCA), the Conservator of Flora and Fauna, the Environment Protection Authority (EPA), ACT Heritage Council and Land Custodian Transport Canberra and City Services (TCCS), and responds to the issues raised.

2. COMMENTS FROM THE PUBLIC

2.1 Details

Draft variation 355 (DV355) was released for public comment on Friday 10 August 2018. The closing date for comments was Monday 24 September 2018. DV 355 released for public comments is at Appendix 1. A total of three (3) written submissions were received and the following key issues were raised:

Building heights – 1 submission

Implications for redevelopment on block 41 section 787 Calwell – 1 submission

Commercial services – 1 submission

Planning process and consultation – 1 submission

Car parking within the group centre – 1 submission

Solar access to pedestrian pathways – 1 submission

Plot ratio – 1 submission

Focus on the Calwell group centre – 2 submissions

Community uses – 1 submission

Playground upgrades within the group centre – 1 submission

Pedestrian path upgrades within the group centre – 1 submission

Upgrades and provisions for area outside the group centre – 2 submissions. Comments from the Conservator of Flora and Fauna, EPA, ACT Heritage Council and Land Custodian Transport Canberra and City Services (TCCS) received and assessed prior to release of the DV 355 were included in DV355 which was released for public comments at Appendix 1.


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In responding to issues raised in the public submissions, additional comments were sought from TCCS in relation to ground floor uses on block 41 section 787 Calwell. On 10 December 2018 TCCS advised: Given the adjacent land use of the subject site, we consider commercial use of the ground floor would be most suitable on this block. Also please note that it is consistent with the approved Calwell Master Plan as well. Response TCCS comments are noted DV355 will be amended to ensure that ground floor uses in this location do not include residential uses. Copies of submissions received from the public are provided in Appendix 2.

2.2 Issues and responses

The key issues raised are summarised below, and responses provided.

2.2.1 Building heights

One submission did not support the proposed four storey building elements within the group centre, preferring instead a two to three storey height limit to be more in keeping with the surrounding building heights.

Response

The building heights across the Calwell group centre will predominantly be two storeys. Two sites at the eastern edge of the centre, were identified in the Calwell master plan as suitable for up to four storey elements. This will encourage residential development in these locations continuous with the adjacent retirement village. Increased residential development will assist in stimulating activity in the centre and increase housing choices in the area.

2.2.2 Residential versus commercial services

One submission indicated that any future residential development at the group centre should not diminish the commercial services provided. This submission noted that the existing car wash facility would be required to relocate for residential development to occur on that site.

Response

Agreed. The intent is to focus residential development on the eastern side of the group centre while other commercial services (including the car wash) facility would be focused on the western side of the centre. This would separate incompatible land uses.

Residential uses are promoted within DV355 primarily in the taller building elements. However, amendments have been made to ensure ground floor levels are commercial and not residential uses.


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2.2.3 Development potential within the group centre

The following issues were raised in one submission in relation to the proposed rules and criterion that apply to block 41 section 787 Calwell.

Comment Response

R1 – ensure this rule does not preclude residential as a ground floor use on block 41 section 787 as is permitted by R2. Refer recent ACAT determination (AT41/2017) about the application of the rules.

Upon the advice of TCCS and in order to better reflect the master plan recommendations, the ground floor of block 41 will be exclusively commercial uses. Residential uses will not be permitted.

R2 – this rule presents some design difficulties for residential at ground floor level on block 41 section 787.

Upon the advice of TCCS and in order to better reflect the master plan recommendations, the ground floor of block 41 will be exclusively commercial uses. Residential uses will not be permitted. Rule 2 has been amended accordingly.

R6 and C6 – The criterion should be specifically applied to block 41.

It does apply. No changes necessary.

R13 – clarify that the expansion of the pedestrian pathway is to involve a 2.2m setback on block 41 section 787 to enable this path to be a total of 6metres wide.

Agreed. The rule has been amended accordingly.

R14 – mandatory rule for primary active frontages building design will limit the ability for residential ground floor on block 41 section 787.

Upon the advice of TCCS and in order to better reflect the master plan recommendations, the ground floor of block 41 will be exclusively commercial uses. Residential uses will not be permitted.

C15 – secondary active frontages are extensive on block 41 section 787.

Upon the advice of TCCS and in order to better reflect the master plan recommendations, the ground floor of block 41 will be exclusively commercial uses. Residential uses will not be permitted. The secondary active frontages are applicable to future commercial ground floor uses.

R16 & R17 – the provisions for awnings creates problems for street trees and the like on block 41 section 787.

Awnings can be provided within the block where street trees prevent them being provided on the verge.

2.2.4 Car parking numbers

One submission raised concern at the wording of rule and criterion 3 as proposed in DV355 and recommended it be revised to ensure that existing car parking numbers are retained.

Response

The existing car parking requirements for all commercial centres will be reviewed on a holistic way rather than on a case by case basis.


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2.2.5 Planning process and consultation

One submission raised concern at the master planning and Territory Plan variation processes and consultation. The concern is the length of time taken as well as consultation methodology and engagement.

Response

The comments and feedback are noted. The ACT Government is committed to improving consultation and engagement processes and will investigate options to better engage with community and stakeholder groups in the future.

For the Calwell master planning process and the subsequent draft variation DV355 the following consultations were undertaken.

Master Plan Community Engagement

Stage 1 - Seek input on Challenges and Opportunities 6 weeks including:

o Postcards mailed to Calwell residents and surrounding suburbs

o Display posters 23 May to 3 July 2015

o Meet the Planners 11 and 20 June 2015

o Online

o School Workshop

o Meetings with individual stakeholders

Stage 2 - Seek input on Draft Master Plan – 5 weeks

o Postcards mailed to Calwell residents and surrounding suburbs

o Display posters 3 March to 10 April 2016

o Meet the Planners 17 and 19 March 2016

o Online

o School Workshop

o Meetings with individual stakeholders

DV355 Calwell group centre consultation

The statutory public consultation processes included:

Public notification of DV355 on the ACT Government website.

Placement of DV355 on the legislation register and the on the EPSDD website.

Letters to leaseholders of sections surrounding areas proposed for rezoning.

In addition, a drop in session was held at the Calwell Group Centre on Saturday 25 August 2018 as well as meetings upon request with key stakeholder groups.


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Solar access

One submission raised concerns that criterion 5 as written would prevent single storey development if it overshadowed a public laneway. It therefore suggested the criterion 5 be reworded to promote reasonable solar access in these circumstances.

Further the same submission indicated that the reference in criterion 9 to public spaces is incorrect.

Response

Noted and agreed. The criteria C5 and C9 have been amended accordingly.

2.2.6 Plot ratio

One submission indicated that criterion C8 plot ratio be removed because there is no desired character for the Calwell group centre.

Response

Disagree. Desired character is defined in the Territory Plan as ‘the form of development in terms of siting, building bulk and scale, and the nature of the resulting streetscape that is consistent with the relevant zone objectives, and any statement of desired character in a relevant precinct code.”

2.2.7 Focus on the group centre

One submission raised concern than the master planning process was limited to Calwell group centre and did not include its surrounds. There was also concern that other centres in the area were not subject to a master planning process.

Response

The master planning process has a specific purpose. These processes are focused on the key town and group centres in need of review and updating. It has a specific focus on commercial centres and is not intended to extend beyond the bounds of each centre studied. Local centres were not included in the master planning program.

2.2.8 Pedestrian paths – proposed and existing

One submission seeks clarification of who would provide the proposed pedestrian pathways.

Response

Proposed pedestrian pathways would ordinarily be provided by TCCS unless the upgrade to the pathways is an off-site works requirement of a development application. In these circumstances the proponent would provide the necessary pathways to the standards required by TCCS.


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2.2.9 Playground upgrade

One submission called for a significant upgrade to the playground in the centre.

Response

Noted. This matter has been referred to TCCS.

2.2.10 Community facility zoning

One submission called for development of a community meeting place a well as spaces for community and sporting groups to utilise on the site to be rezoned for community facility (CFZ) purposes.

Response

In relation to future community uses, the site has been included on the EPSDD land release program for 2020-21. The program indicates that the site may have a small scale retirement living development of 50 dwellings. However, this would need to be confirmed through the usual processes of investigation and assessment prior to the release of the land by the ACT Government. Other potential suitable uses may be identified as part of these processes. In relation to sporting uses on the site in association with the adjacent playing fields, Sport and Recreation is unaware of demand for any other sport and recreation facilities that could be accommodated at the identified site at this time. Sport and Recreation generally don’t provide clubrooms for sporting organisations at ACT Government sportsgrounds (where this has been done in the past, it has usually been as a result of a direct financial contribution from a sporting group). Even if this was to be considered at Calwell, block 8 section 788 would not be a suitable site given its location – it is too far away from the district playing fields and would require additional infrastructure to address the separation of the site by the stormwater channel.


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2.2.11 Areas outside the Calwell Group Centre

The following comments relate to areas outside the Calwell Group Centre.

Comment Response

The proposed upgrade to Johnson Drive/Cliff Crescent should proceed for safety reasons.

This is a matter for TCCS capital works programs.

Pedestrian paths and access across Johnson Drive should be upgraded for safety reasons and consideration should be given to a pedestrian bridge.


The proposed shared paths to the playing fields are supported.


Increase parking along Johnson Drive to ease pressure on parking at the playing fields.


Ashley Drive should include a pedestrian link to the group centre


3. COMPLIANCE WITH THE PLANNING AND DEVELOPMENT ACT 2007

3.1 Release for Public Comment (section 63)

DV355 was made available for public comment from Friday10 August 2018 to Monday 24 September 2018 and a consultation notice under s 63 of the P&D Act was published in the ACT Legislation Register on 10 August 2018 and on the Public notice board. Letters were sent to lessees within sections adjoining land proposed to be rezoned.

3.2 Notice of Submission to the Minister (section 70)

In accordance with s 70 of the P&D Act, a public availability notice will be placed in the ACT Legislation Register stating that DV355 has been submitted to the Minister and that the documents are available for public inspection.


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4. APPENDICES

Consultation report DV355 Calwell group centre

APPENDIX 1 Draft variation 355 public release version


APPENDIX 2 Copies of public comments received on draft variation 355

report on consultation - planning · 2019-04-01 · consultation report dv355 calwell group centre...

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