Development controls are the main operation component of the planning system. They address what type of development can go where and what it should look like. Good development controls should clearly translate broad policy directions into a set of practical standards for development that ensure development outcomes are consistent with long-term policy directions and respond to the expectations of the community.
Development controls are contained within the Territory Plan. They include land use zones, zone objectives, development codes, general codes, precinct codes, overlays and structure plans.
Parts of the Territory Plan
Development controls gaps and challenges
Certainty of process and outcome has been an aspect of the current system that stakeholders support. In this respect, the existing development controls are successful. The controls make clear what is acceptable and what is not. However, current development controls may not be positioned to encourage innovation or high-quality design and thereby serve the Territory well into the future. Our work has highlighted the following challenges:
- limited line-of-sight from planning strategies to development controls, making it difficult to understand the strategic intent of zones and codes as well as the outcomes they are seeking to facilitate
- limited controls to manage areas of change, such as those areas identified for urban intensification in the Planning Strategy
- static rules that do not easily accommodate change in how people live and the way businesses operate
- codes that are increasingly out of date, not having kept pace with evolving government policy.
Community and industry feedback
Three broad issues identified through the consultation process relate, to varying degrees, to development controls:
- The community is broadly supportive of the Planning Strategy but is sceptical about the practical implementation of its directions and its influence on development.
- The community is concerned that development outcomes facilitated by the current planning system are not well aligned with its values in terms of design quality and Canberra’s character.
- The community feels that the complexity of the existing planning system compromises its ability to understand how decisions are made and what development outcomes can be expected in different areas of the city.
Proposed directions and changes to development controls
| Development Controls Direction No. | Proposed Directions | Potential changes | Rationale |
|---|---|---|---|
| DC1 | Adopt objective or outcomes-focused development controls | Translation of existing rules and criterion into performance outcomes and measures, similar to South Australia. Under the current system, Rule 3.18 in the Multiunit Development Code states the maximum height of a building in Residential Zone 1 is 8.5 metres. Under the proposed changes this could be translated as an objective for new development to be ‘low rise and in keeping with the scale of surrounding development’. An associated measure could set a maximum height of 8.5 metres for code assessable development. | Existing development controls, in the eyes of the community, fail to promote high quality development. Expressing controls in terms of outcomes provides a stronger message in terms of the type and quality of development the planning system is seeking to facilitate and gives the planning authority greater scope to consider more innovative proposals. |
| DC2 | Clarify the role and purpose of each zone and code | Include purpose statements into zones and codes which explain the outcomes they seek to facilitate and, in the case of zones, how and why it differs to other comparable zones. | Providing a stronger explanation of the role of each zone can improve clarity on why there is a need for 23 individual zones and how they collectively give rise to the strategic directions and objectives of the Planning Strategy. In undertaking this process it may also become clearer where rationalisation is possible and appropriate. |
| DC3 | Strengthen the alignment between development controls and strategic directions | Linked to the above, include within the purpose statement an explanation of how each zone and code relates to and implements the Territory Plan’s Statement of Strategic Direction. | Improving the line-of-sight between development controls and strategic directions facilitates a better understanding of why those controls have been adopted and what they seek to achieve. |
| DC4 | Expand precinct codes to address existing and desired character | Introduce ‘principles for development’ or ‘objectives’ within the precinct codes that explain the defining features of the precinct, and what qualities should be reflected in new development. | Existing precinct codes fail to explain why different precincts or local areas require different development controls. Further, they fail to properly distinguish one local area from another. More detailed precinct codes can ensure the development is in keeping with the values and aspirations of the community. This information would embed outcomes of master or framework planning exercises that supported the original drafting of precinct codes. |
| DC5 | Develop new controls related to the management of areas identified for change | Overlays and structure plans could be used to identify urban intensification areas or other areas for change. They can also enable the adoption of controls that can sensitively manage the transition of land use. As an example, structure plans could identify how re-zoning will be supported by or linked to infrastructure provision or how re-zoning may be most appropriately staged over the larger urban intensification area. | The Planning Strategy identifies sections of Canberra as being suitable for urban intensification, however there is no clear process for facilitating this or controls for mitigating the impact of the transition. Structure plans, like those used in future urban areas, could provide principles for the progressive re-zoning of land and put in place measures to minimise negative amenity or other impacts on existing communities. |
| DC6 | Provide the planning authority with the ability to exercise discretion in favour of high-quality development outcomes | Introduce concepts to enable discretion to be exercised where it can support delivery of superior outcomes. To avoid creating uncertainty within the system, the grounds on and circumstances under which this discretion will be exercised should be clearly defined. As an example, building height could be increased where a significant public space is provided as part of a development, and if that additional height had no material impact on neighbouring properties. | The existing system disincentivises proponents to go beyond the minimum standards. In many cases pursuing outcomes contrary to the stated rules complicates approval processes and can result in refusal. Having a greater ability to exercise discretion and offer incentives to developers who propose outcomes in the community or public interest could encourage higher-quality development across the Territory. |
Next steps
Adopting more contemporary and outcomes-focused development controls has been an aspiration for the ACT for several years and a central tenet of the reform project. Implementing the proposed directions for development controls needs to occur across two phases:
- First phase—align the strategic directions with the planning strategy and ensure the existing zones and codes and their objectives remain fit for purpose.
- Second phase—evolve existing rules and criteria into new outcomes-focused controls and draft new controls where necessary to implement the strategic directions.
Work has commenced on a range of technical tasks and will continue through 2021. Outcomes of this technical work will be used to develop implementation proposals in 2021.
For more information read the full paper on Development Controls (PDF 2.9MB).