Page 2173 - Week 07 - Wednesday, 3 August 2016

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The Environment and Planning Directorate (EPD) actively undertook consultation with the community on Variation 334. As a result of feedback during the public consultation period, the overall building height was reduced from a maximum of six storeys to a maximum of four storeys in selected areas. Further commitments were made in the Assembly to release a Technical Amendment to clarify certain provisions introduced by Variation 334.

All the issues raised within the petition have been responded to in the Report on Consultation and agreed to by the Assembly and myself. This report is available at

All development in the ACT, by law, must comply with the building code of Australia as part of a building approval. Sustainable design principles are contained within both the building code and the Territory Plan and are assessed at the development assessment and building approval stage.

Technical Amendment 2016-08 Red Hill (TA2016-08) proposes to, among other things, further clarify the desired character and height control provisions introduced by Variation 334. TA2016-08 was released to the public for comment for a period of 20 working days, closing on 12 July 2016. Eight Submissions were received from the public with issues ranging from:

enhancement of desired character statements

ultimate housing density and typology

further control of height, including prohibition of plant rooms, attics and amending the definition of basement

retention and movement of landscaping areas

movement of the MT1 area and allowing further commercial uses

relationship and disparity between the Estates development plan, Territory Plan and the Technical Amendment

traffic and parking

RZ5 High Density Zoning

Minister ‘Call in Powers’' in relation to the Technical Amendment, Estates Development Plan and future Development Applications.

The above issues will be responded to in the Report on Consultation which will be made available on the EPD website when the report is finalised. EPD are currently considering an amendment to TA2016-08 as a result of public consultation. This amendment could result in stricter control on building heights tin metres to compliment the current controls for building height in storeys. The details of this amendment are still being formulated and will be available to the public in due course.

Pursuant to the Planning and Development Act 2007 (the Act) there is no process to review or appeal a variation to the Territory Plan. The Standing Committee may undertake an inquiry prior to the approval of a variation to the Territory Plan. I note that the Standing Committee did not request to undertake an inquiry and was briefed on this matter by EPD officers.

I am confident that a proper and robust process has been followed for Variation 334. The community has been involved throughout the process and concerns

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