The National Capital Plan defines areas that have the special characteristics of the National Capital to be 'Designated Areas' (see Figure 4 of the NCP). In these areas approval of works is the responsibility of the National Capital Authority (NCA). The role of the NCA is explained here.
In the remainder of the ACT, development approval is the responsibility of the ACT Government's planning and land authority and subject to the Territory Plan (www.planning.act.gov.au) [External Link]. There are some areas outside of the 'Designated Area's' that are important to the National Capital but not to the extent of Designated Areas. These areas are subject to Special Requirements additional to the requirements of the Territory Plan.
The National Capital Plan sets out Special Requirements for development of areas in the interests of the National Capital that are not 'Designated Areas'. These areas include parts of Civic, land fronting the Main Avenues and Approach Routes to the National Capital, the Australian Institute of Sport, Tidbinbilla Deep Space Complex, Telopea and Haig Parks, Namadgi National Park, river corridors and National Land sites.
In general, Special Requirements require the preparation of Development Control Plans which are approved by the National Capital Authority to guide development in association with the Territory Plan.
1. Development Intention Expressed
- Confirm site is in an area subject to special requirements
- NCA notified and consulted
2. Development Control Plan Drafted
- Responding to relevant provisions of National Capital Plan
- Reflecting relevant provisions of Territory Plan
- Setting out requirements in the interests of the National Capital
3. Consultation Undertaken
- Consultation is undertaken in accordance with the NCA's Consultation Protocol for 30 business days.
4. Comments Reviewed
- Comments taken into account and Draft DCP revised if necessary
- Decision is made on DCP by the Authority
- Proponent and the Territory Planning Authority are advised of decision
- Other interested parties and submitters are advised of decision.
Preparation of Development Control Plans
A Development Control Plan may be drafted by the NCA, or by a suitably qualified consultant to the owner of a particular development site. The controls reflect the relevant provisions of both the National Capital Plan and Territory Plan, and set out requirements considered by the Authority to be in the interests of the National Capital.
When the NCA is satisfied with a draft Development Control Plan it is released for public comment in accordance with the NCA's 'Commitment to Community Consultation'.
The proponent and the Territory planning authority are advised when the NCA approves a Development Control Plan.
The NCA aims to complete the preparation and approval of Development Control Plans within 60 working days.
Who Approves Development Proposals?
In most cases Special Requirements will apply to Territory Land (managed by the ACT Government), as such development proposals are subject to approval by the ACT Government's planning and land authority. Such proposals must conform to the provisions of the Territory Plan as well as the Development Control Plan approved by the NCA.
Where special requirements cover National Land (managed by the Commonwealth), development proposals are submitted to the NCA for endorsement.