LAND (PLANNING AND ENVIRONMENT) REGULATIONS(AMENDMENT) (NO. 16 OF 1997)

Australian Capital Territory Numbered Regulations

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LAND (PLANNING AND ENVIRONMENT) REGULATIONS(AMENDMENT) (NO. 16 OF 1997) - SCHEDULE 7

SCHEDULE 7 Regulation 24

EXCLUSION OF APPEALS BY OBJECTORS
SECTION 276 OF THE ACT

Item

Exclusion

1.

A development listed in Schedule 4.

2.

A development the application for which is determined by the Minister under paragraph 229A (7) (a) of the Act.

3.

Erection, fixing or display of a sign or advertising material on the land, or on a structure or building on the land.

4.

A minor development consisting of the carrying out of earthworks, or other construction work that would affect the landscape of the land.

5.

Erection or alteration of a dwelling, or of a building or structure associated with a dwelling, where—

(a) there is currently no multi-unit development on the land; and

(b) the development relates solely to a single dwelling.

6.

Development on land within an Industrial Area or a Municipal Services Area—

(a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point;
(b) where the development would not result in any of the following uses of the land being permitted:

(i) hazardous industry;

(ii) hazardous waste industry;

(iii) incineration facility;

(iv) land fill;

(v) liquid fuel depot;

(vi) offensive industry;

(c) where the development would not increase the gross floor area of any buildings on the land beyond a plot ratio of 1:1, calculated by reference to the area of the land as at the time of the application; and

(d) where the development does not consist of—

(i) the erection of a building or structure on the land with a height greater than 10 metres; or

(ii) the alteration of any building or structure on the land at the time of the application so as to increase its height, where that height would exceed 10 metres after the alteration.

7.
Development on land within a Commercial Area—

(a) where, if the development is approved, the land would b e no less than 50 metres away from any Residential Area at its nearest point;

(b) if the land has been previously developed—where the development would not increase the total gross floor area of all buildings on the land by more than 50%;

(c) if at the time of the application the lease permits a community use, or a use including a community use—where the development would not have the effect of prohibiting a community use of the land;

(d) where the development would not have the effect of permitting the use of the land for a corrections facility;

(e) if the land is within a Commercial “E” (Corridors and Office Sites) Area—

(i) if there is no building or structure on the land at the time of the application that has more than 4 storeys—where the development would not result in any building or structure on the land having more than 4 storeys;

(ii) if there is a building or structure on the land at the time of the application that has more than 4 storeys—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 4 storeys; and

(iii) if the land is within a Corridor precinct specified in Part B2E of the Plan—where the development would result in the setback of any proposed new building being no less than 10 metres from the front boundary;

(f) if the land is within a Group Centre Area—

(i) if there is no building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any building or structure on the land having more than 2 storeys; and

(ii) if there is a building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 2 storeys; and

(g) if the land is within a Local Centre Area, where—

(i) there is no building or structure on the land at the time of the application that has more than 2 storeys;

(ii) the development would not result in any building or structure on the land having more than 2 storeys;

(iii) if the lease currently permits the use of the land for a shop, or a use including the use of the land for a shop—the development would not have the effect of prohibiting the use of the land for a shop; and

(iv) the development would not have the effect of permitting the erection of any dwelling on the land.

8.

Development on land within an Entertainment, Accommodation and Leisure Area—

(a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point;

(b) if the land has been previously developed—where the development would not increase the total gross floor area of all buildings on the land by more than 50%;

(c) if at the time of the application the lease permits a community use, or a use including a community use—where the development would not have the effect of prohibiting a community use of the land;

(d) if there is no building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any building or structure on the land having more than 2 storeys; and

(e) if there is a building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 2 storeys;

9.

Development on land within a Community Facility Area or a Restricted Access Recreation Area—

(a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point;
(b) where the gross floor area of all buildings on the land at the time of the application does not exceed 300 square metres;

(c) where the development would not result in the total gross floor area of all buildings on the land exceeding 300 square metres;

(d) if the land has been previously developed—where the development would not increase the proportion of the total site area on the land covered by buildings, driveways and carparking areas by more than 50%, calculated by reference to the area of the land as at the time of the application;

(e) if, at the time of the application, the lease permits a community use, or a use including a community use—where the development would not have the effect of prohibiting a community use of the land;

(f) where the development would not have the effect of permitting the use of the land for a corrections facility;

(g) if there is no building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any building or structure on the land having more than 1 storey; and

(h) if there is a building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6 metres.

10.

Development on land within an Urban Open Space Area, a Hills, Ridges and Buffer Area, a River Corridor Area, a Mountains and Bushlands Area or a Plantation Forestry Area—

(a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point;

(b) where the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application;

(c) where the development would not increase the area of the leased land by more than 1 hectare;

(d) if the gross floor area of all buildings on the land at the time of the application does not exceed 300 square metres—where the development would not result in the total gross floor area of all buildings on the land exceeding 300 square metres;

(e) if the gross floor area of all buildings on the land at the time of the application exceeds 300 square metres—where the development would not increase the total gross floor area of all buildings on the land;

(f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to no more than 50% of the area of the land—where the development would not result in such site coverage increasing to more than 50% of the area of the land, calculated by reference to the area of the land as at the time of the application;

(g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—where the development would not increase such site coverage, calculated by reference to the area of the land as at the time of the application;

(h) if there is no building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any building or structure on the land having more than 1 storey; and

(i) if there is a building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6 metres.

11.

Development on land within a Broadacre Area or a Rural Land Use Area—

(a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point;

(b) where the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application;

(c) where the development would not increase the area of the leased land by more than 1 hectare;

(d) if the gross floor area of all buildings on the land at the time of the application does not exceed 2,000 square metres—where the development would not result in the total gross floor area of all buildings on the land exceeding 2,000 square metres;

(e) if the gross floor area of all buildings on the land at the time of the application exceeds 2,000 square metres—where the development would not increase the total gross floor area of all buildings on the land;

(f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to no more than 50% of the area of the land—where the development would not result in such site coverage increasing to more than 50% of the area of the land, calculated by reference to the area of the land as at the time of the application;

(g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—where the development would not increase such site coverage, calculated by reference to the area of the land as at the time of the application;

(h) if there is no building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any building or structure on the land having more than 1 storey; and
(i) if there is a building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6 metres.

12.
Development within a Designated Area within the meaning of the National Capital Plan—

(a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point;

(b) where the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application; and

(c) if the land has been previously leased—where the development would not increase the total gross floor area of all buildings permitted by the lease at the time of the application by more than 50%.

13.

Demolition of a building or structure in connection with a development listed elsewhere in this Schedule consisting of the erection or alteration of a building or structure.

14.

Variation of a lease solely to permit a development listed elsewhere in this Schedule, other than a variation—

(a) to change the purpose for which the land may be used; or

(b) to provide for an increase in the number of dwellings permitted on the land.

Item	Exclusion
1.	A development listed in Schedule 4.
2.	A development the application for which is determined by the Minister under paragraph 229A (7) (a) of the Act.
3.	Erection, fixing or display of a sign or advertising material on the land, or on a structure or building on the land.
4.	A minor development consisting of the carrying out of earthworks, or other construction work that would affect the landscape of the land.
5.	Erection or alteration of a dwelling, or of a building or structure associated with a dwelling, where— (a) there is currently no multi-unit development on the land; and (b) the development relates solely to a single dwelling.
6.	Development on land within an Industrial Area or a Municipal Services Area— (a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point; (b) where the development would not result in any of the following uses of the land being permitted: (i) hazardous industry; (ii) hazardous waste industry; (iii) incineration facility; (iv) land fill; (v) liquid fuel depot; (vi) offensive industry; (c) where the development would not increase the gross floor area of any buildings on the land beyond a plot ratio of 1:1, calculated by reference to the area of the land as at the time of the application; and (d) where the development does not consist of— (i) the erection of a building or structure on the land with a height greater than 10 metres; or (ii) the alteration of any building or structure on the land at the time of the application so as to increase its height, where that height would exceed 10 metres after the alteration.
7.	Development on land within a Commercial Area— (a) where, if the development is approved, the land would b e no less than 50 metres away from any Residential Area at its nearest point; (b) if the land has been previously developed—where the development would not increase the total gross floor area of all buildings on the land by more than 50%; (c) if at the time of the application the lease permits a community use, or a use including a community use—where the development would not have the effect of prohibiting a community use of the land; (d) where the development would not have the effect of permitting the use of the land for a corrections facility; (e) if the land is within a Commercial “E” (Corridors and Office Sites) Area— (i) if there is no building or structure on the land at the time of the application that has more than 4 storeys—where the development would not result in any building or structure on the land having more than 4 storeys; (ii) if there is a building or structure on the land at the time of the application that has more than 4 storeys—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 4 storeys; and (iii) if the land is within a Corridor precinct specified in Part B2E of the Plan—where the development would result in the setback of any proposed new building being no less than 10 metres from the front boundary; (f) if the land is within a Group Centre Area— (i) if there is no building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any building or structure on the land having more than 2 storeys; and (ii) if there is a building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 2 storeys; and (g) if the land is within a Local Centre Area, where— (i) there is no building or structure on the land at the time of the application that has more than 2 storeys; (ii) the development would not result in any building or structure on the land having more than 2 storeys; (iii) if the lease currently permits the use of the land for a shop, or a use including the use of the land for a shop—the development would not have the effect of prohibiting the use of the land for a shop; and (iv) the development would not have the effect of permitting the erection of any dwelling on the land.
8.	Development on land within an Entertainment, Accommodation and Leisure Area— (a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point; (b) if the land has been previously developed—where the development would not increase the total gross floor area of all buildings on the land by more than 50%; (c) if at the time of the application the lease permits a community use, or a use including a community use—where the development would not have the effect of prohibiting a community use of the land; (d) if there is no building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any building or structure on the land having more than 2 storeys; and (e) if there is a building or structure on the land at the time of the application that has more than 2 storeys—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 2 storeys;
9.	Development on land within a Community Facility Area or a Restricted Access Recreation Area— (a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point; (b) where the gross floor area of all buildings on the land at the time of the application does not exceed 300 square metres; (c) where the development would not result in the total gross floor area of all buildings on the land exceeding 300 square metres; (d) if the land has been previously developed—where the development would not increase the proportion of the total site area on the land covered by buildings, driveways and carparking areas by more than 50%, calculated by reference to the area of the land as at the time of the application; (e) if, at the time of the application, the lease permits a community use, or a use including a community use—where the development would not have the effect of prohibiting a community use of the land; (f) where the development would not have the effect of permitting the use of the land for a corrections facility; (g) if there is no building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any building or structure on the land having more than 1 storey; and (h) if there is a building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6 metres.
10.	Development on land within an Urban Open Space Area, a Hills, Ridges and Buffer Area, a River Corridor Area, a Mountains and Bushlands Area or a Plantation Forestry Area— (a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point; (b) where the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application; (c) where the development would not increase the area of the leased land by more than 1 hectare; (d) if the gross floor area of all buildings on the land at the time of the application does not exceed 300 square metres—where the development would not result in the total gross floor area of all buildings on the land exceeding 300 square metres; (e) if the gross floor area of all buildings on the land at the time of the application exceeds 300 square metres—where the development would not increase the total gross floor area of all buildings on the land; (f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to no more than 50% of the area of the land—where the development would not result in such site coverage increasing to more than 50% of the area of the land, calculated by reference to the area of the land as at the time of the application; (g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—where the development would not increase such site coverage, calculated by reference to the area of the land as at the time of the application; (h) if there is no building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any building or structure on the land having more than 1 storey; and (i) if there is a building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6 metres.
11.	Development on land within a Broadacre Area or a Rural Land Use Area— (a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point; (b) where the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application; (c) where the development would not increase the area of the leased land by more than 1 hectare; (d) if the gross floor area of all buildings on the land at the time of the application does not exceed 2,000 square metres—where the development would not result in the total gross floor area of all buildings on the land exceeding 2,000 square metres; (e) if the gross floor area of all buildings on the land at the time of the application exceeds 2,000 square metres—where the development would not increase the total gross floor area of all buildings on the land; (f) if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to no more than 50% of the area of the land—where the development would not result in such site coverage increasing to more than 50% of the area of the land, calculated by reference to the area of the land as at the time of the application; (g) if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—where the development would not increase such site coverage, calculated by reference to the area of the land as at the time of the application; (h) if there is no building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any building or structure on the land having more than 1 storey; and (i) if there is a building or structure on the land at the time of the application that has more than 1 storey—where the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6 metres.
12.	Development within a Designated Area within the meaning of the National Capital Plan— (a) where, if the development is approved, the land would be no less than 50 metres away from any Residential Area at its nearest point; (b) where the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application; and (c) if the land has been previously leased—where the development would not increase the total gross floor area of all buildings permitted by the lease at the time of the application by more than 50%.
13.	Demolition of a building or structure in connection with a development listed elsewhere in this Schedule consisting of the erection or alteration of a building or structure.
14.	Variation of a lease solely to permit a development listed elsewhere in this Schedule, other than a variation— (a) to change the purpose for which the land may be used; or (b) to provide for an increase in the number of dwellings permitted on the land.

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