Section 9 Barton – Consultation Report - the National Capital Authority

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CONSULTATION REPORT


WORKS APPROVAL 18
8
59



BLOCK
1
3 SECTION 9
BARTON

STAGE 1 RESIDENTIAL DEVELOPMENT



AUGUST

2013





Contents

PART 1
-

INTRODUCTION

3

PART 2
-

PUBLIC CONSULTATION REQUIREMENTS

3

2.1

National Capital Plan

3

2.2

Commitment to Community Engagement

3

PART 3


SUMMARY OF PUBLIC CONSULTATION

4

3.1

The public consultation process

4

3.2

Submissions received, comments and response

5

PART 4
-

COMMENT AND RESPONSE

5

Conclusion

7

Attachment A


Loc
ation plan

8

Attachment B
-

Canberra Times


public notice

9

Attachment C


Summary of submissions

10

Attachment D


Applicant response to submissions

Error! Bookmark not defined.




PART 1
-

INTRODUCTION

Under the
Australian Capital Territory (Planning and Land Management) Act 1988,
the National
Capital Authority (NCA) prepares and administers the National Capital
Plan (the Plan) to ensure
Canberra and the Territory are planned and developed in accordance with their national significance.

The Plan sets out the broad planning framework for the Australian Capital Territory (ACT). Areas
designated as having special ch
aracteristics of the National Capital are subject to detailed planning
policies and guidelines.

Any building or structure
, demolition, landscaping or excavation works in Designated Areas require the
approval of the NCA. The NCA considers such proposals in

the context of the relevant provisions of
the Plan
.

On 26 March 2013, t
he NCA received
an

application

from Colin Stewart Architects

for
Stage 1
Residential
development of
Block 13 Section 9

Barton
.

The application comprises the construction of a
6

and
7

storey residential development with 2 levels of basement parking. This application forms Stage
1 of a planned three stage development of the Block.

A map detailing the location of the application is at
Attachment A
.


PART 2
-

PUBLIC CONSULTATION REQUIREM
ENTS

2.1
National Capital Plan

Under the Plan, the requirements for public consultation apply, but are not limited to, certain
residential developments, telecommunications facilities (that are not considered low impact) and
amending or issuing an instrume
nt under the Plan (including Development Control Plans).

2.2
Commitment to Community Engagement

The NCA’s

Commitment to Community Engagement

(August 2011)


details how
the NCA conducts
consultation. The purpose is to achieve a greater level of consistenc
y and transparency in the NCA’s
decision making process.

The
Commitment to Community Engagement

describes:



the minimu
m requirements for consultation



the timefr
ames for amendments to the Plan



what is involved in preparing

a new Development Control Plan



the

process for amending or issuing a
n instrument under the Plan



the process by which
WA

applications, which are released for public consultation,
w
ill be
assessed.

Part 2

(
Consultation Protocol
)

of the NCA’s

Commitment to Community Engagement

(August 2011)


describes the consultation process for WA applications. The consultation protocol includes criteria for
which an application will be assessed, in order to determine whether the application should be
released for public notification or full public consult
ation.

For development applications, the NCA undertakes a risk assessment of each proposal against the
assessment criteria set out in the Consultation Protocol.
The public notification process will include
information about the NCA’s risk assessment of t
he proposal against the assessment criteria below.

1.

What is the likelihood that the proposal will adversely affect existing public space and / or
community amenity?



2.

What is the likelihood that the proposal will adversely affect existing environmental,
heritage
or landscape values?

3.

What is the likelihood that the proposal is discordant with the general development and
amenity of the locality in terms of materials, finishes, scale, massing, design and quality?

4.

What is the likelihood that the proposal is i
nconsistent with an existing Heritage Management
Plan (HMP)? (If there is no HMP, this question is not applicable).

The combination of the likelihood and consequence from the criteria
described in the
above
categorises

an overall perceived risk
into five
r
ating
s being

‘negligible’, ‘low’, ‘significant’, ‘high’ or
‘extreme’. Works assessed as having an ‘extreme’ risk will be rejected.

Full public consultation for
WAs

will be required where the NCA’s perceived risk rating is ‘significant’
or ‘high’, and a
lso for any development where consultation is a mandatory requirement under the
Plan.

When a
WA

application is lodged and consultation is required, the applicant is required to consult with
the community and stakeholders. The NCA may stipulate specific req
uirements for consultation and,
for higher perceived risk proposals, may undertake the consultation process itself.

The NCA may set aside the requirement to undertake full public consultation where:

(a)

previous c
onsultation has been undertaken

(b)

for minor amen
dments to previously approved works

(c)

proposals are

exempt, as demonstrated in the ‘
Commitment to Community Engagement

(August 2011)


(d)

the NCA determines it unnecessary and no stakeholders will be affected.

The Plan has specific requirements in relation to co
nsultation for
telecommunicat
ions facilities
, in
relation to any new towers, masts or monopoles.

T
he

a
pplication for
the
Stage 1 residential
development of
Block
1
3
Section
9

Barton

was

subject to
full public consultation because

its
le
vel of
perceived
risk
was
greater
than ‘low’
.

PART 3


SUMMARY OF PUBLIC CONSULTATION

3.1

The public consultation process

The consultation took the form of:



On
Saturday 25

May

2013,

publishing a public notice in
The

Canberra Times

detailing the
proposed works and inviting submissions to be made to the NCA in relation to the proposal
(
Attachment A

of the Consultation Report
)
.



Between
25 May and 17 June 2013,

publishing details of the

proposal, including the
applicant’s plans and
sup
porting documentation

on the NCA’s website
.



Between
25 May and 17 June 2013, three signs being installed on site, one each fronting
Blackall Street, Broughton Street and Macquarie Street

(
Attachment B

of the Consultation
Report
)
.



T
he NCA writing to
surround lessees inviting comments.





Emailing

and writing to submitters to Draft Amendment 57 (Blocks 12 and 13 Section 9
Barton) to the National Capital Plan a copy of the proposal and inviting comments.

In addition to the NCA’s consultation activities, Co
lin Stewart Architects also hand delivered a copy of
the plans prior to the Works Approval application
to the Ottoman

Restaurant
, Landmark Apartments,
Tourism House, AMA House and the Edmund Barton Building.

3.2

Submissions received, comments and r
esponse

The
NCA received
seven

submissions

raising concerns with elements
of the development or raising
questions
. Letters or emails of acknowledgment were sent to all submitters advising them that their
submissions will be taken into consideration before a decision
is made on the application.

One of the
seven submissions was received after the public

consultation period had closed, but was considered
by the NCA as though it was received during the public consultation period.

The applicant has provided a response to
six of the submissions See
Attachment D
. The submission
from Paul Cohen on behalf of the Ottoman Restaurant lessees was a late submission. The applicant
declined to respond to this late submission.

PART 4
-

COMMENT AND RESPONSE

A summary of the key theme
s raised and NCA response is provided below.
A summary of each
submission is provided at
Attachment
C
.

The applicant

s response to submissions is at
Attachment D.

1.

Loss of parking spaces including all day spaces

Submitter’s issues

A number of submitters raised concern
about the loss of parking spaces during and after construction
of the development on the site. Some submitters were concerned because they worked in the area
and parked on the site
others

were residents/representatives

of Landmark Apartments who were
concerned that it would increase parking congestion in the area which impacts on landmark visitor
parks and people walking through the site.

NCA comment

The
m
aster
p
lan
ning

for Section 9 was
set out in

Amendment 57 to t
he National Capital Plan
and
in
relation to parking
states:

‘The proponent must provide the NCA
with
a long term parking strategy for construction staging which
minimises disruption to parking. The parking strategy must be adopted in the first stage of
dev
elopment to accommodate a minimum of 470 displaced car parking spaces’

The proponent has provided

to the NCA and had approved, a Master Plan Implementation Strategy for
the site,

which includes
a long term parking strategy
. The parking strategy
covers the
construction
staging and
the number of

spaces

that

will be available during each stage

and
provides for
replacement of the required 470 displaced spaces on completion of the site development.

The development

in addition,

caters for the parking generation r
ate of the residential development.

There will be a reduction in parking numbers on this site, as would be anticipated on any development
site whilst the development occurs. The parking strategy provides for the retention on site of as many
spaces as is fe
asible.

As this is a privately owned site the NCA does not have any control over whether the s
paces are full
day or hourly, whether a fee is charged and
how much th
at fee is
.



2.

Available parking spaces will be used for construction workers, cranes and site
establishment
works

Submitter’s issues

A couple of submitters were concerned that the available parking spaces shown would be used by
construction workers, cranes and site establishment works.


NCA comment

A c
onstruction management plan will need to be
provided to the NCA indicating the location of
construction workers parking, cranes, and the like

once a contractor is appointed
.

3.

Compliance with the National Capital Plan height control

Submitter’s issues

One submitter questioned whether or not the proposal complied with the height controls set out in
the Plan.

NCA comment

The Plan sets out that:



development is
generally

limited to a height of RL591. Minor building elements that extend building
height ab
ove RL591 will be considered where this enhances the architectural quality of the building,
and fosters energy efficiency, indoor amenity, appropriate urban scale, and adds visual interest to the
skyline.

The parapet of the development proposed ranges fro
m RL591.7 to 592 and a small area of plant to
RL593. 8 to house lifts. The parapet of the development is raised above the roof height and provides

fall
protection for workers on the roof, it enhances the architectural quality of the building and
provides a
n appropriate urban scale.

4.

I
mpact of construction on residential amenity

Submitter’s issues

Concerns were raised regarding the impact of construction activity on the residential amenity of
Landmark Apartments
. Concerns were around hours and days of operation,
increased pressure on
Landmarks visitor parking,
construction vehicles
parking, and minimis
ing the impact of work on
neighbours
.

NCA comment

As noted at Item 2 above, a construction management p
lan will
need to be provided to the NCA
indicating the location of construction workers parking, cranes, and the like

once a contractor is
appointed
. Hours of operation are set out and enforced by the ACT
Environment Protection Authority
.

Parking management on private Landmark
property
is a matter for the land owner to address.

5.

Impact of development on light, views and street appearance

Submitter’s issues

One submitter raised concerns that the proposed development would block out light to the landmark
Apartments, block out the view to Black Mountain and reduce the view to other key sites. They were
also concerned that the Blackall Street would be transforme
d into a tunnel.



NCA comment

The development will have minimal impact on the light to landmark apartments. The separation
between the two buildings is over 40

metres.

Whilst there may be a loss of some views from some apartments, the loss of a view is n
ot a planning
matter.

The appearance of the street will
change;

however, it will not create a tunnel effect. The proposed
development is setback from the property boundary and a wide verge of over 10

metres is provided
with street trees.

Conclusion

The N
CA’s consultation process was carried out in accordance with the Plan and the NCA’s
‘Commitment to Community Engagement (August 2011)’
.


Seven written submissions were received.
The submissions were provided to the applicant who
provided a response to six

of the submissions. The submission from Paul Cohen on behalf of the
Ottoman Restaurant lessees was a late submission. The applicant declined to respond to this late
submission.



Attachment A


Location plan




Attachment B
-

Canberra Times


public notice




Attachment
C



Summary of submissions


Note: The National Capital Authority (NCA) undertakes an open and transparent works application
process. Works Approval documentation advised that the
NCA would prepare a Consultation Report
for publication on the NCA website, and that this Consultation Report would include a summary of
each submission, along with the name of each person making the submission. Names of submitters
have been omitted where
a submitter requested confidentiality.

Issue

NCA response

Submission
1

-

Anonymous

1.

Reduction in parking numbers on the
site for nearby workers, particularly for all
day parking and potential cost of parking.

There will be a reduction in parking numbers on this
site, as would be anticipated on any development site
during construction.
The parking strategy provides for
the retenti
on on site of as many spaces as is
feasible.

Block 14 Section 22 Barton
,

once
deve
lopment is
complete

will have a minimum of 500 parking spaces.

As this is a privately owned site the NCA does not have
any control over whether the spaces are full day or
hourly or how much they cost.

Submission 2


Landmark Apartments Executive Committee

2.
Welcome development on the site,
opportunity to comment and architectural
plans appear attractive.


Foresee issues with management of the
site and environs during and after
construction.

Noted
.

3.
Parking strat
egy


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‘The proponent must provide the NCA a long term
parking strategy for construction staging which
minimises disruption to parking. The parking strategy
must be adopted in the first st
age of development to
accommodate a minimum of 470 displaced car parking
spaces’

The proponent has provided to the NCA and had
approved, a Master Plan Implementation Strategy for
the site, which includes a long term parking strategy.
The parking strategy c
overs the construction staging
and the number of spaces that will be available during
each stage and provides for replacement of the
required 470 displaced spaces on completion of the site
development.

The development also caters for the parking generation

rate of the residential development.

4.
Issues experienced by Landmark



visitor parking used

by

local workers



walking through the site



use of the verge by vehicles

NCA should enforce parking management
during construction.

Issues of parking management and use of verges are
matters that the ACT Government govern and enforce.
The NCA is the planning agency for Barton and
is not
responsible for

land management.



Issue

NCA response

5.
Alternative parking sites should be
looked to maintain at leas
t

470

during
construction
.

Refer Item 3
.

6.
The developer should look at providing
more that 311 spaces in the structured
carpark at Stage 2

This is a matter for the developer

to determine rather
than the NCA
.

7.
Construction working hours should be
detailed and approved by NCA

The construction workers hours are outlined by the
ACT
Environment Protection Authority

who are responsible
for the enforcement of the hours.

8.
Landmark has issues dealing with all the
relevant government agenc
ies
for works t
o
the verge and parking issues

Landmark
would be happy with NCA covering it all.

The verge and parking issues within the road reserve
are matters that are dealt with by the ACT Government.

9.
Landmark key issues

-

provision of parking, displaced and
in th
e car park structure

-

policing of parking

-

minimizing the impact of building
operations on neighbours

Appreciate the opportunity to comment

Refer to Items 3, 4 and 7.

Submission 3


Richard Pegg

Oppose development based on parking

Refer to Item 3.

Reduction of parking in Barton and impact
of people parking at Landmark. The
proposed development would exacerbate
the issue.

The proposal provides the parking numbers as required
by the National Capital Plan.

People walking through Landmark who
have pa
rked down at Bowen Park.

Landmark was approved on the basis of it providing

pedestrian access through the site to Lake

Burley
Griffin
.

Blocking out of light and views from
Landmark apartments to Black Mountain
and reduce those to other key sites.
During winter it would reduce natural light
to Landmark Apartments.

The development
will have minimum impact on the
light to Landmark Apartmen
ts. The separation between
the two buildings is over 40 metres. A loss of view is not
a planning matter.

Change in Street outlook, closing in the
street transforming it into a tunnel lined
by buildings.

The appearance of the street will change. The
deve
lopment is over 40 metres away from the
Landmark buildings fronting Blackall Street. The
development provides a wide verge of over 10 metres
with street trees.

Increase in traffic on Blackall Street to
unacceptable levels.

A traffic report by Mott MacDo
nald provided with the
application concluded that the proposed development
is not anticipated to have
an
adverse impact on any
road within the surrounding network.

Increase in traffic will increase the noise
level

The increase in traffic is not anticipa
ted to increase the
noise levels considerably.


Submission 4


Peter Lawrence

Reduction in number of parking spaces for
Refer Item
3.



Issue

NCA response

an unspecified period of time. Inconsistent
with increased demand in the area and will
put pressure on existing parking.

Compliance with National Capital Plan
RL591 requirement

The Plan sets out that:

‘development is generally limited to a height of RL591.
Minor building elements that extend building height
above RL591 will be considered where this enhances the
architect
ural quality of the building, and fosters energy
efficiency, indoor amenity, appropriate urban scale, and
adds visual interest to the skyline.

The parapet of the de
velopment proposed ranges from

RL591.7 to 592 and a small area of plant to RL593. 8 to
hous
e lifts. The parapet of the development is raised
above the roof height
and provides protection for
workers on the
roof;

it enhances the architectural
quality of the building and provides an appropriate
urban scale.

Submission 5


Peter Salapatas Landmark

Owners Corporation

Need for long term policy on parking by
the Commonwealth and ACT governments.
Parking issues in the precinct should be
resolved before another parking area is
removed. Office space is increasing and
parking options decreasing.

The
Australian Government is introducing pay

parking
on National Land in the surrounding area on 1 July
2014. The management of parking on Territory Land in
Barton is the responsibility of the ACT Government.

Planning for access to apartments for
removalists/
delivery trucks which will
impact on traffic in the area.

The developer has identified that the existing loading
zone on Blackall Street is intended for use by future
residents of the development.

Submission 6


Catherine Wallace

Application fails to provide sufficient
parking spaces to accommodate those
displaced by the development.
All stages
are less than the 470 required.

Parking pressure in the area is high and
impacts the amenity of the landmark
Apartments complex with peopl
e parking
in the visitor spaces who are not visitors.

Increased pedestrian traffic due to people
parking in Bowen Park and waling through
Landmark Apartments to work.

Refer to Item 3
and

4.

Need for details of construction/working
hours to minimise impact

on Landmark
residents.

A construction management p
lan will need to be
submitted by the applicant to the NCA for approval
prior to work

commencing on site. Working hours are
subject to EPA requirements and control.

Submission 7


Campbell Dion for Serif

and Gulbahar Kaya
Ottoman Restaurant lessees

Right of Way

The lease over block 12 provides for an
easement 8.5 wide in favour of Block 13.
The proponent for Block 13
intends

to use the ri
gh
t of
w
ay

as
part

of the access

road

through the site

and into
the basement parking of the proposed development
.



Issue

NCA response

The plans for the development indicate all
vehicle movements into and out of the
basement parking would be channeled
through the right of way.

Concerned with the Right of Way being
dominated by traffic and parking.


The Master Plan for Section 9 was introduced as part of
Amendment 57
to the National Capital Plan
which was
sub
j
ect to extensiv
e public consultation.
The access
s
treet is shown in the National Capital Plan.

The right of w
ay will be used for traffic movements and
as part of the space for reversing vehicles parked on
the other side of the road. This would appea
r
consistent with the

use of a right of w
ay.

The proposed parking on the Access Street

requires part of the Right of Way for
reversing movements.

This would appear consistent with use

of a right of w
ay.

The Ottoman lease is issued by the Departmen
t of
Finance and
Deregulation, a
ny matters relating to the
lease should be directed to them.

It is suggested that it will be necessary to
signpost the basement car parks at Blackall
Street.

This is not included in this application, if required
signage would be subject t
o a works approval from the
NCA.

Use of block 12 for entertainment

The lessee operates the Ottoman
Restaurant from the site.
Occasional

outdoor events are held on the block
including music. The proximity of the
residential building may lead to complaints
about noise from the restaurant.

Suggest glazing of units on the northern
elevation of the building to be capable of
noise suppression.

Noise guidelines issued by ACT
Environment Protection
Authority

cover noise events.

The NCA will

requ
est

the applicant investigate the
glazing of units on the northern elevation of the
building to be capable of noise suppression.