PLANNING AND DEVELOPMENT REGULATION 2008

Australian Capital Territory Consolidated Regulations

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PLANNING AND DEVELOPMENT REGULATION 2008 - SCHEDULE 2

Schedule 2 Limited public notification of certain merit track development applications

column 1

item

column 2

matters

1

The building or alteration of 2 or more dwellings, or buildings or structures associated with the dwellings, on a block that has ceased to be in a future urban area under the Act, section 96 (3) if—

(a) at the time of the application, the lease for the block permits a development of the type applied for, or the lease was granted for development and subdivision; and

(b) if the area of the block is not more than 450m²—no setback is required by the territory plan for the dwellings, buildings or structures in relation to 1 side boundary only; and

(c) if the area of the block is more than 450m²—the setback of the dwellings, buildings or structures is required by the territory plan to be at least—

(i) 4m from any front boundary; and

(ii) 3m from any rear boundary; and

(iii) 3m from any side boundary; and

(d) the development would not result in the building on the block of—

(i) a building having more than 1 storey; or

(ii) a building or structure having a height of more than 6.5m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(e) the development would not result in the alteration of a building on the block at the time of application—

(i) to add 1 or more storeys; or

(ii) by the construction of an alteration having more than 1 storey; and

(f) the development would not result in the alteration of a building or structure on the block at the time of application—

(i) to increase its height to more than 6.5m above natural ground level; or

(ii) by the construction of an alteration having a height of more than 6.5m above natural ground level.

2

The demolition of a building or structure in connection with the building or alteration of a building or structure to which item 1 applies.

3

Public works in a future urban area if the works are—

(a) the building, alteration or demolition of a building or structure; or

(b) the carrying out of earthworks or other construction work that would affect the landscape of the area.

4

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

5

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

6

The building, alteration or demolition of a class 10 building or structure.

Note A class 10 building or structure is a non-habitable building or structure (see building code).

7

Building a new building or altering or demolishing an existing building (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the building is on an existing school campus; and

(b) the building is—

(i) a class 3 building; or

(ii) a class 9b building; and

(c) the building, alteration or demolition is funded completely or partly under 1 or more declared funding programs.

Example—class 3 building

dormitory

Examples—class 9b buildings

hall, auditorium, gymnasium, library, classroom

Note 1 Some developments may be exempt from the requirement for development approval (see sch 1, s 1.99C and s 1.99D).

Note 2 Class , for a building or structure, means the class of building or structure under the building code (see dict).

Note 3 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

8

Any of the following activities in relation to an existing school campus (including carrying out any related earthworks or other construction work on or under the land) if the activity is funded completely or partly under 1 or more declared funding programs:

(a) building or installing an entrance to a school;

(b) building or installing a verandah, including a balcony, awning, portico or landing;

(c) putting up, attaching or displaying a sign or altering or removing a sign;

(d) building or installing playground and exercise equipment;

(e) building or installing a fence;

(f) building or installing a shade structure;

(g) building or installing a covered walkway;

(h) building or installing a flag pole;

(i) building or installing a water tank;

(j) landscape gardening;

(k) building or installing a car park;

(l) building or installing a bicycle enclosure;

(m) building or installing a toilet facility or change room facility;

(n) sealing or resealing a driveway;

(o) building or installing a demountable or transportable building;

(p) building or installing a class 10b structure.

Examples—class 10b structures

retaining or freestanding wall, mast or antenna, swimming pool.

Note 1 Some developments may be exempt from the requirement for development approval (see sch 1, div 1.3.6A).

Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

9

Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a dwelling ) (and carrying out any related earthworks or other constructions work on or under the land) if—

(a) the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and

(b) the dwelling is built on a block—

(i) leased by the Territory or a territory authority; or

(ii) under an agreement with the Territory or a territory authority to transfer the block or part of the block to the Territory or a territory authority once built; and

(c) the dwelling is to be—

(i) provided by the Territory or a territory authority under an approved housing assistance program under the Housing Assistance Act 2007 ; or
(ii) transferred by the Territory or a territory authority to a person to provide community housing within the meaning of the Housing Assistance Act 2007 .
Note 1 Multi-unit housing —see the territory plan (13 Definitions).

Note 2 Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).

10

Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a dwelling ) (and carrying out any related earthworks or other constructions work on or under the land) if—
(a) the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and

(b) the dwelling is built on a block—

(i) leased by a person who provides community housing within the meaning of the Housing Assistance Act 2007 (a community housing provider ); or

(ii) under an agreement with a community housing provider to transfer the block to the community housing provider once built; and

(c) the dwelling is to be provided by a community housing provider for community housing within the meaning of the Housing Assistance Act 2007 .
Note 1 Multi-unit housing —see the territory plan (13 Definitions).

Note 2 Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).

11

Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a dwelling ) (and carrying out any related earthworks or other constructions work on or under the land) if—

(a) the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and

(b) the dwelling is built on a block leased by Defence Housing Australia established under the Defence Housing Australia Act 1987 (Cwlth); and

(c) the dwelling is to provide housing under the Defence Housing Australia Act 1987 (Cwlth).
Note 1 Multi-unit housing —see the territory plan (13 Definitions).

Note 2 Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).

column 1 item	column 2 matters
1	The building or alteration of 2 or more dwellings, or buildings or structures associated with the dwellings, on a block that has ceased to be in a future urban area under the Act, section 96 (3) if— (a) at the time of the application, the lease for the block permits a development of the type applied for, or the lease was granted for development and subdivision; and (b) if the area of the block is not more than 450m²—no setback is required by the territory plan for the dwellings, buildings or structures in relation to 1 side boundary only; and (c) if the area of the block is more than 450m²—the setback of the dwellings, buildings or structures is required by the territory plan to be at least— (i) 4m from any front boundary; and (ii) 3m from any rear boundary; and (iii) 3m from any side boundary; and (d) the development would not result in the building on the block of— (i) a building having more than 1 storey; or (ii) a building or structure having a height of more than 6.5m above natural ground level; and Note Natural ground level —see the territory plan (13 Definitions). (e) the development would not result in the alteration of a building on the block at the time of application— (i) to add 1 or more storeys; or (ii) by the construction of an alteration having more than 1 storey; and (f) the development would not result in the alteration of a building or structure on the block at the time of application— (i) to increase its height to more than 6.5m above natural ground level; or (ii) by the construction of an alteration having a height of more than 6.5m above natural ground level.
2	The demolition of a building or structure in connection with the building or alteration of a building or structure to which item 1 applies.
3	Public works in a future urban area if the works are— (a) the building, alteration or demolition of a building or structure; or (b) the carrying out of earthworks or other construction work that would affect the landscape of the area.
4	The building, alteration or demolition of a single dwelling, if the development would not result in more than 1 dwelling being on a block.
5	The demolition of a building or structure in connection with the building or alteration of a single dwelling, if the development would not result in more than 1 dwelling being on a block.
6	The building, alteration or demolition of a class 10 building or structure. Note A class 10 building or structure is a non-habitable building or structure (see building code).
7	Building a new building or altering or demolishing an existing building (and carrying out any related earthworks or other construction work on or under the land) if— (a) the building is on an existing school campus; and (b) the building is— (i) a class 3 building; or (ii) a class 9b building; and (c) the building, alteration or demolition is funded completely or partly under 1 or more declared funding programs. Example—class 3 building dormitory Examples—class 9b buildings hall, auditorium, gymnasium, library, classroom Note 1 Some developments may be exempt from the requirement for development approval (see sch 1, s 1.99C and s 1.99D). Note 2 Class , for a building or structure, means the class of building or structure under the building code (see dict). Note 3 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
8	Any of the following activities in relation to an existing school campus (including carrying out any related earthworks or other construction work on or under the land) if the activity is funded completely or partly under 1 or more declared funding programs: (a) building or installing an entrance to a school; (b) building or installing a verandah, including a balcony, awning, portico or landing; (c) putting up, attaching or displaying a sign or altering or removing a sign; (d) building or installing playground and exercise equipment; (e) building or installing a fence; (f) building or installing a shade structure; (g) building or installing a covered walkway; (h) building or installing a flag pole; (i) building or installing a water tank; (j) landscape gardening; (k) building or installing a car park; (l) building or installing a bicycle enclosure; (m) building or installing a toilet facility or change room facility; (n) sealing or resealing a driveway; (o) building or installing a demountable or transportable building; (p) building or installing a class 10b structure. Examples—class 10b structures retaining or freestanding wall, mast or antenna, swimming pool. Note 1 Some developments may be exempt from the requirement for development approval (see sch 1, div 1.3.6A). Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
9	Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a *dwelling* ) (and carrying out any related earthworks or other constructions work on or under the land) if— (a) the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and (b) the dwelling is built on a block— (i) leased by the Territory or a territory authority; or (ii) under an agreement with the Territory or a territory authority to transfer the block or part of the block to the Territory or a territory authority once built; and (c) the dwelling is to be— (i) provided by the Territory or a territory authority under an approved housing assistance program under the Housing Assistance Act 2007 ; or (ii) transferred by the Territory or a territory authority to a person to provide community housing within the meaning of the Housing Assistance Act 2007 . Note 1 Multi-unit housing —see the territory plan (13 Definitions). Note 2 Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).
10	Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a *dwelling* ) (and carrying out any related earthworks or other constructions work on or under the land) if— (a) the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and (b) the dwelling is built on a block— (i) leased by a person who provides community housing within the meaning of the Housing Assistance Act 2007 (a *community housing provider* ); or (ii) under an agreement with a community housing provider to transfer the block to the community housing provider once built; and (c) the dwelling is to be provided by a community housing provider for community housing within the meaning of the Housing Assistance Act 2007 . Note 1 Multi-unit housing —see the territory plan (13 Definitions). Note 2 Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).
11	Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a *dwelling* ) (and carrying out any related earthworks or other constructions work on or under the land) if— (a) the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and (b) the dwelling is built on a block leased by Defence Housing Australia established under the Defence Housing Australia Act 1987 (Cwlth); and (c) the dwelling is to provide housing under the Defence Housing Australia Act 1987 (Cwlth). Note 1 Multi-unit housing —see the territory plan (13 Definitions). Note 2 Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).

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