Page 8 - Week 01 - Tuesday, 12 February 2019
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I understand the petition brings to the attention of the ACT Legislative Assembly concerns about the overshadowing impacts of the ‘Wova’ development (DA201833492) and requests the Assembly calls on Government to amend the Phillip Precinct Code. The requested amendments are to position buildings to remove overshadowing impacts to Bellerive Retirement Village, to reduce building heights to a maximum of 48m and to reduce the number of buildings.
While I appreciate the concerns raised through this petition, unfortunately this petition was lodged with the Assembly on 23 October 2018, after the development application for ‘Wova’ was approved with conditions by the independent planning and land authority on 28 September 2018.
The proposal for ‘Wova’ was initially presented to the interim National Capital Design Review Panel, which supported the design while raising concerns with the overshadowing impact of the proposal. The development application for ‘Wova’ on Block 17, Section 3 Phillip was lodged in April 2018, which proposed a building (Building 4) extending to 24 storeys fronting Melrose Drive.
Following the initial assessment, and having regard to the concerns raised through representations, an amendment was lodged which included a reduction in the height of Building 4 to 16 storeys, tapering down to 12 storeys. This substantially reduced the overshadowing of Bellerive.
Due to concerns with the building form, the development application was approved with a condition that Building 4 be reduced in height to 12 storeys. However, I am advised that a reconsideration application has been lodged by the applicant with regard to this condition.
Development within the Woden Town Centre is controlled by the Territory Plan, particularly the Commercial Zones Development Code and the Phillip Precinct Map and Code. During 2018, Variation 344 Woden Town Centre (V344) amended the Phillip Precinct Map and Code. This incorporated a range of planning control recommendations from the approved Woden Town Centre Master Plan and introduced a range of provisions to manage the built form within the town centre and protect solar access to dwellings within and surrounding the centre.
Prior to the introduction of V344, there were no controls in place to manage solar access impacts to surrounding dwellings from development within the town centre. One of the new provisions of the precinct code, i.e. Criterion 11, permits development up to 24 storeys on Block 17 Section 3 (the Wova site) provided the development does not significantly impact on the existing solar access of nearby residential development between 9am and 3pm on the winter solstice (21 June).
This provision was included in response to a recommendation by the Standing Committee on Planning and Urban Renewal. The Draft Variation 344 was subsequently tabled in the Legislative Assembly for five sitting days and approved with no disallowance motions being made. The new provisions in the Territory Plan are considered to be appropriate to protect the amenity for residents of the area while facilitating development within the town centre.
Given that the approved development was amended to reduce overshadowing impacts, and the Phillip Precinct Map and Code already incorporates provisions
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