Block 32 Section 19 Campbell Proposed Mixed Use Development · years during the construction of...

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Consultation Report Works Approval No 101125

Block 32 Section 19 Campbell Proposed Mixed Use Development

December 2018

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Contents

Contents 2

Introduction 3

Public Consultation requirements 4

1.1 National Capital Plan 4

1.2 Commitment to Community Engagement 4

Summary of Public Consultation 5

2.1 The public consultation process 5

2.2 Submissions Received, Comments and Response 5

Attachment A 8

Attachment B 9

Summary of submissions and NCA Response 9

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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 characteristics of the National Capital are subject to detailed planning policies and guidelines. Any buildings or structures, 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 21 September 2018, the NCA received a Works Approval application from Canberra Town Planning for Construction of a Mixed Use Development located at Block 32 Section 19 Campbell.

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Public Consultation requirements 1.1 National Capital Plan Under the NCP, requirements for public consultation apply to:

Major developments proposed for Section 9 Barton;

A landmark building to RL617 adjacent to Commonwealth Avenue (within the Constitution Avenue and Anzac Parade Precinct);

Detailed plans for development at Academy Close, Campbell;

High‐impact telecommunications facilities;

All residential proposals within the Deakin/Forrest Residential Area Precinct; and

All residential and commercial development proposed for Section 5 Campbell.

1.2 Commitment to Community Engagement The NCA’s ‘Commitment to Community Engagement’ details how the NCA conducts consultation. The purpose is to achieve a greater level of consistency and transparency in the NCA’s decision making process. The ‘Commitment to Community Engagement’ describes the minimum requirements for consultation, and the process by which WA applications that are released for public consultation will be assessed. Part 2.7 Works Applications and Attachment C Protocol for Development Applications for Works Which Require Consultation of the NCA’s ‘Commitment to Community Engagement’ describes the consultation process for WA applications. The NCA will make an assessment of whether a proposal is consistent with the National Capital Plan and if it requires public consultation. An assessment is made in relation to adverse impacts on: public space and community amenity environment, heritage or landscape values amenity of the locality in terms of materials, finishes, scale, massing, design and quality consistency with an existing Heritage Management Plan.

When an application for works is lodged and consultation is required, consultation with the community and stakeholders will be undertaken by the applicant, the NCA or both. Where consultation is undertaken by the applicant, the NCA may choose to stipulate specific requirements that the applicant is required to implement. The NCA may set aside the requirement to undertake full public consultation where: previous consultation has been undertaken on the proposal minor amendments to previously approved works are required the NCA determines no stakeholders will be affected proposals are given exemption, as outlined in Part 2.3 of the ‘Commitment to Community

Engagement’ Public consultation was undertaken on the application as the proposal may have adverse impacts on public space, community amenity, environment, heritage and landscape values.

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Summary of Public Consultation 2.1 The public consultation process Public consultation was undertaken by the NCA between 24 November 2018 and 14 December 2018 in the following manner:

On Saturday 24 November 2018, 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).

Between 24 November 2018 and 14 December 2018, publishing details of the proposal on the NCA’s website.

Between 26 November 2018 and 14 December 2018, placing two A1 size signs on site

The NCA writing to adjoining lessees, neighbours and interested stakeholders advising of the consultation process and inviting comments.

On 26 November 2018, the NCA wrote to key stakeholders and community groups via email advising of the consultation process and inviting comments.

On 26 November 2018, the NCA delivered hard copy notices to adjoining neighbours advising of the consultation process and inviting comments.

In addition to NCA consultation, the proponent undertook their own consultation prior to lodging the works approval application. The proponent held a consultation session on‐site on 21 March 2018 to provide members of the community the opportunity to comment on the proposal. The session was advertised via letterbox drop to Campbell residents. Follow up meetings were held with Getting Crescent residents during the design process. Approximately 30 members of the community attended the consultation session. Several issues were raised including: access, traffic, carparking, road safety, building height, proposed commercial uses, building setbacks from front and rear site boundaries, building facades and finishes and construction.

2.2 Submissions Received, Comments and Response The NCA received a total of 32 submissions on the proposal. All submissions raised issues or objections in relation to elements of the proposal or the whole proposal. One submission noted general support for the proposal. 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. Key issues raised in the submissions were:

The proposed building height exceeding the 25m height limit for the precinct.

Oversighting of the existing dwellings in Getting Crescent.

The precedent that non‐compliant building heights will set for future development particularly for the adjacent HIA site.

The development is inconsistent with the precinct code’s requirement to provide a transition in building scale to protect the amenity of the adjoining residential areas.

The precedent that non‐compliant building heights will set for future development.

The ageing roads and services infrastructure in Campbell and the capacity of this infrastructure to cope with new development.

The capacity of the existing sewer mains to cope with the increased demand of development in this precinct.

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The impact of dust and noise during excavation. The submissions request that individual Schedules of Dilapidation for Getting Crescent houses be prepared.

The townhouse balconies appear to encroach beyond the 3.5m setback.

Concern about the accuracy of the Traffic and Parking Assessment as the survey was conducted in September when two of the surrounding streets were closed.

Concern over parking and traffic management during construction and the impact this will have on an already overburdened parking situation on Getting Crescent.

A summary of each submission and the NCA response is provided at Attachment B.

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Conclusion The NCA’s consultation process was carried out in accordance with the Plan and the NCA’s ‘Commitment to Community Engagement’. The NCA has reviewed the proposal and determined that there are many inconsistencies with the National Capital Plan. On 11 January 2019, the NCA advised the applicant that the proposal is not supported in its current form. The applicant is revising the proposal to ensure consistency with the National Capital Plan and further community consultation will occur.

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Attachment A

The Canberra Times Public Notice and Sponsored Facebook Post and Site Notice

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Attachment B

Summary of submissions and NCA Response The National Capital Authority (NCA) undertakes an open and transparent works approval application process. As part of this process the NCA prepares a Consultation Report for publication on the NCA website, which includes 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. Submission Issue NCA response

1. HIA

The submission expressed concern over the existing sewer mains capacity to cope with increased demand from precinct redevelopment. The submission requests that assessment have regard to the structural stability, security, access, egress and to the future maximum building envelope for the HIA site.

It is considered that the required infrastructure exists or will be upgraded by the ACT Government to support the proposed development.

2. Julie Doyle

The submission expressed concerns about the height of the proposed building and non‐compliance with RL617 height limit. The additional height will have implications on oversighting of the existing dwellings in Getting Crescent. The approval of the development with non‐compliant building heights will set a precedent for future development of the adjacent HIA site at 67 Constitution Avenue. The submission expressed concerns about the unique complications which do not appear to have been addressed adequately. The Campbell 1960s road and services infrastructure is aged and unsuitable for further major development without strong control measures being in place prior to construction.

The NCA has requested the applicant to reduce the building height. The extent of ongoing construction work on the site is acknowledged and noted. The NCA will request a Construction Management Plan from the applicant. The National Capital Plan states that where buildings front residential streets in Campbell, building setbacks should generally complement existing building setbacks. The building setback of ‘Creswell’ is 4m. The NCA considers a 3.5m setback sufficient with minor encroachments for building articulation. No balconies encroach the setback.

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Submission Issue NCA response Getting Crescent is a narrow residential street with no footpaths and has been experiencing parking and public risk and safety problems since construction commenced on C5. It is noted that construction of a footpath is proposed on the southern side of Getting Crescent. During the construction of ‘The Creswell’ a two storey office and ablutions block was constructed on the Getting Crescent frontage with subsequent additional traffic and parking issues and this may be proposed again. The site will be fenced to 1.2m from the Getting Crescent frontage further compromising pedestrian safety. The site at 71 Constitution Avenue is not a greenfield standalone development but adjoins existing residential development. The local area has been, and will continue to be, under severe stress from the extended period of high rise construction. Architectural drawings: There is lack of clarity in relation to height elevations concerning RL617. Concern with oversighting on Getting Crescent. Townhouse level 1 balconies, seven of which appear to encroach beyond the 3.5m setback. Civil drawings: Confirmation required as to the location of the site sheds. The Civil Works plan identifies that there are substantial areas of rock on the site to be excavated totalling 21,544m3. The scale of excavation and associated rock crushing is likely to have an effect on the single residential properties opposite the site. Individual Schedules of Dilapidation for Getting Crescent houses should be prepared before any work is approved. Sufficient levels of control, working hours etc. should be addressed and enforceable through the ACT Environment Protection Act 1997 and other relevant legislation.

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Submission Issue NCA response The submission notes that informal advice was provided that the site would be fenced within 1.2m of the Getting Crescent boundary. This will further compromise pedestrian safety and public risk noting problems on other redevelopment sites in Campbell. The submission expressed concern that the proposed development is not consistent with precinct conditions to ‘provide a transition in building scale and use to protect the amenity of adjoining residential areas’. The submission expressed that the traffic and parking assessment report cannot be truly indicative of the current or future traffic situation due to Creswell Street and until recently part of Pentland Street being closed and Pentland Street being used for access for heavy cranes, concrete trucks and other trade vehicles for several years during the construction of section 5. The submission raises concerns about fencing, site shed placement, parking and traffic management, public risk and safety, noise and dust. Requests schedules of dilapidation be prepared for Getting Crescent houses.

3. Craig Phillips

The submission re‐iterated the points raised in Julie Doyle’s letter. The submission expressed concerns about the non‐compliant building height and oversighting of existing dwellings in Getting Crescent. The submission also noted that the townhouse balconies appear to encroach beyond the 3.5m setback. Concerns were also expressed over fencing, site shed placement, parking and traffic management, public risk and safety and noise and dust during construction.

The NCA has requested amendments be made to the proposal for further consideration of the application. Further public consultation will be undertaken by the NCA on a revised proposal.

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Submission Issue NCA response

4. Debra Galwey

Support expressed for Julie Doyle’s submission. The submission noted that the penthouse apartments breach the height limitations of the site and will set a precedent for future development. The building of townhouses on Getting Crescent would pose safety issues for the Getting Crescent during the building phase as there are no pedestrian paths on that road.

Support noted.

5. Margaret Henderson

Support expressed for Julie Doyle’s submission. The submission expressed concern that the adjoining ‘Creswell’ carpark may be used to store construction materials and equipment during the construction phase or as an access point to enter the construction site. The works approval should require that there is a shared service agreement in place at completion between ‘The Creswell’ and 71 Constitution Avenue apartments and the terraced house complex in relation to driveway access, basement car park access and egress, security, garbage collection services and other shared services and related insurance coverage. Consideration should be given to dilapidation reports for ‘The Creswell’. The submission notes that the stand of Radiata Pines at 71 Constitution Avenue will be removed to construct the terrace houses and the trees currently provide privacy and screening between the ISKIA and the houses along Getting Crescent. The submission expressed concern that the setback requirements might not be complied with for the terrace houses. It will mean that the east windows in some apartments in ‘The Creswell’ will be looking into a blank wall or window with not much distance between them. This may significantly reduce light into some rooms.

Support noted. The NCA has requested amendments be made to the proposal for further consideration of the application. There is a registered easement between ‘Creswell’ and 71 Constitution Avenue.

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Submission Issue NCA response A driveway ramp for the terrace houses is proposed to run alongside ‘The Creswell’ reducing amenity due to car and garage door noise and exhaust fumes. The terrace houses’ driveway opens up to a wider driveway on the verge of Getting Crescent. This part of the driveway encroaches on the verge in front of the same Creswell apartments which might also lose their light and are most impacted by the ramp and removal of trees. The submission questions whether it is possible to locate the ramp and driveway on the other side of the line of terrace houses. There is an open‐air communal terrace area in the middle of ‘The Creswell’. This will be overlooked and has the potential to be quite dark if the height of the apartment block for 71 Constitution Avenue is increased as proposed. A concrete footpath for Getting Crescent is welcome. The submission notes the road closures due to construction at C5 has resulted in reduced traffic heading onto Constitution Avenue. There appears to be increased traffic compared to three years ago at the intersections of Anzac Park East and Blamey Crescent and Creswell Street and Blamey Street at peak hours in particular.

6. James Cotton

The submission notes that there is no evidence that the plan as it now exists has been modified in light of the community consultation. The submission discusses three issues: (1) The buildings are above the 25m height limit. The front main structure include a ‘roof plant’ above that limit, the rear main structure is almost a whole storey above the 25m offset. The rear section of the main block is a full storey higher than the front section. As the structure approaches the existing (mostly single storey) structures in Getting Crescent its height increases. This is the reverse of the plan followed elsewhere, where the principle has

The NCA has requested amendments be made to the proposal for further consideration of the application. The NCA has asked the applicant to reduce the building height.

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Submission Issue NCA response been adopted that as structures approach existing development they should progressively diminish in height so as not to tower over and impinge excessively upon the amenity of those developments. (2) There are no fewer than 7, 2 storey terrace townhouses across the rear of the block of exceptionally cramped dimensions. This design is highly at variance with the existing street architecture which it directly abuts. It will also significantly increase vehicle traffic on a loop street which has no footpaths. The submission suggests that the front main structure reduce a storey, the rear main structure reduce by 3 storeys. The number of 2 storey terrace townhouses needs to be reduced to 5 so that their proportions can be enlarged and the need for traffic access can be lessened.

7. Keith and Susan Mackay

Support expressed for the submissions of Julie Doyle and Mark Anderson.

Support noted.

8. Lara Corry‐Boyd

Support expressed for Julie Doyle’s submission.

Support noted.

9. Trevor and Joan Lipscombe

Support expressed for Julie Doyle and Mark Anderson’s submission. The submission expressed concern about the proposed building height.

Support noted. The NCA has requested amendments be made to the proposal for further consideration of the application.

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Submission Issue NCA response 10. Mark Anderson

Support expressed for Julie Doyle’s submission. The submission notes that the proposed building height breaches the height limitation on Constitution Avenue under the National Capital Plan. The submission discusses that the developer is proposing to use ground level height rather than the adjacent kerb height of Constitution Avenue to achieve an extra storey to provide two penthouses with views. The buildings constructed at Campbell Section 5 and the Creswell did not require extra height to satisfy the minimum floor level clearances to deal with flood implications or commercial / residential developments within a 25 metre restriction, so the arguments for special consideration as presented in the application are disputed. Permitting extra building height through what is clearly an extra storey would result in a building approaching 30 metres in height from the Constitution Avenue kerb (including the rooftop machinery and lift overruns) and increase its scale disproportionately when compared to existing and future buildings on Constitution Avenue. Approval of this development will set a precedent for future redevelopment on Constitution Avenue. The submission expressed concerns about parking, particularly increased parking along Getting Crescent. Along with on‐site parking for apartments, stating that at a minimum the two four bedroom penthouses and 19 three bedroom apartments will require two parking spaces. The submission discusses that the Traffic and Parking Assessment was conducted in early September while Creswell Street was closed at Constitution Avenue and Pentland Street was closed at Kalma Way. The submission expresses concern for a construction site to be established on Getting Crescent along with concern over construction worker parking reducing street parking for residents.

Support noted. The NCA has requested amendments be made to the proposal for further consideration of the application.

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11. Max Bourke AM

The submission objects to the proposal by Hindmarsh which breaches the height limits for the area.

The NCA has requested amendments be made to the proposal for further consideration of the application.

12. Michael Nash

Support expressed for Julie Doyle and Mark Anderson’s submissions. Support noted. The submission notes that the building height limit is exceeded. The submission also raises concerns about building materials and The NCA has requested amendments be made to the proposal for further machinery being stored on the verge of Getting Crescent. consideration of the application. Along with concerns the development would aggravate an already overburdened on‐street parking situation associated with ongoing adjacent construction and public access to business outlets located in ‘The Creswell’ development. Concerns were raised about dust and noise during site excavation.

13. Andrew Schuller

Support expressed for Julie Doyle and Mark Anderson’s submissions. Support noted. The submission expresses concern that the building height exceeds The NCA has requested amendments be made to the proposal for further the 25m limit. consideration of the application.

14. Catherine Walsh

Support expressed for Julie Doyle’s submission. Support noted.

15. Lee Wallace

Support expressed for Julie Doyle’s submission. Support noted. The submission expressed concern over building height The NCA has requested amendments to be made to the proposal for exceeding the height limit and oversighting of existing further consideration of the application. dwellings on Getting Crescent. The approval of this development will set a precedent for the future development of the adjoining Housing Industry Association site at 67 Constitution Avenue.

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Submission Issue NCA response The submission raises concerns over the ageing road and services infrastructure in Campbell. Along with the public risk and safety problems of local construction on Getting Crescent. Townhouse level 1 balconies appear to encroach beyond the 3.5m setback. The submission suggests consultation with fencing, site shed placement, parking and traffic management during construction, public risk and safety, noise and dust. The submission suggests schedules of dilapidation be prepared for Getting Crescent houses.

16. Drewe & Alison Just

Support expressed for Julie Doyle and Mark Anderson’s submissions. Support noted.

17. Luisa Capezio

Support expressed for Julie Doyle and Mark Anderson’s submissions. Support noted. The submission expressed the Campbell Community Association’s The NCA has requested amendments be made to the proposal for very strong objection to the proposal. further consideration of the application. The submission expressed concern about the building height above the height limit and oversighting of the surrounding residential dwellings.

18. Gino Moliterno

Support expressed for Mark Anderson’s submission. Support noted.

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19. Gordon Lucas

Support expressed for Julie Doyle and Mark Anderson’s submissions. Support noted. The submission raised concern over the proposed building height The NCA has requested amendments be made to the proposal exceeding the height limit for the area. for further consideration of the application. The submission also expressed concerns over parking, in particular construction workers and the impact on Campbell and Getting Crescent residents. Concerns were also raised about the provision of on‐site parking. The submission suggests that the two four bedroom penthouses and 19 three‐bedroom apartments should be provided with two parking spaces each. The submission expressed concern that the traffic and parking assessment was held in early September while Creswell Street as closed at Constitution Avenue and when Pentland Street was closed at Kalma Way. The submission suggests that Getting Crescent should not be used by the developer/ builder/supplier for access by heavy and medium sized vehicles as it is disruptive to adjacent residents.

20. Richard Jacobsen

Support expressed for Mark Anderson’s submission. Support noted.

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21. Fiona Cotton

The submission welcomes the development of new and interesting The NCA has requested amendments be made to the proposal mixed use developments along Constitution Avenue. The for further consideration of the application. redevelopment of Block 32 is a potentially exciting opportunity to produce an innovative and far seeing architectural design which demonstrates the Hindmarsh branding of Leadership at Work. The submission expressed disappointment that the real concerns raised during the consultation process at the beginning of the year have not been addressed in the works approval application submitted to the NCA. The submission raises concerns about the proposed driveway onto Getting Crescent and the increase in traffic along Getting Crescent. Concern was also raised on the proposed height of the building above 25 metres and potential oversighting and overshadowing.

22. Thomas Basan

Support expressed for Julie Doyle’s submission. Support noted. The submission expressed concern that the building height exceeds the limit and oversighting is an issue. The submission suggests consultation required with The NCA has requested amendments be made to the proposal for ACT Government agencies to ensure that fencing, further consideration of the application. site shed placement, parking and traffic management, public risk and safety, noise and dust. The submission requests Schedules of Dilapidation be prepared for Getting Crescent houses.

23. Mr and Mrs B Rankin

Support expressed for Julie Doyle’s submission. Support noted.

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Submission Issue NCA response 24. Dr. John P. Warren

Support expressed for Julie Doyle’s submission. Support noted. The submission expressed concern about the building height The NCA has requested amendments be made to the proposal for further exceeding the height limit for the precinct. consideration of the application. Concerns were raised about parking along Getting Crescent during construction.

25. Catherine Doherty

Support expressed for Julie Doyle and Mark Anderson’s Support noted. submission.

26. Dr Ian Doherty

Support expressed for Julie Doyle and Mark Anderson’s Support noted. submission.

27. Christine Vincent

Support expressed for Julie Doyle and Mark Anderson’s Support noted. submission. The submission expressed concern over building height The NCA has requested amendments be made to the proposal for further exceeding the height limit. Concern was also expressed consideration of the proposal. about traffic and parking due to construction.

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28. Name withheld

The submission expressed concern over the proposed building The NCA has requested amendments be made to the proposal height exceeding height limit of 25m. The rear tower has a for further consideration of the proposal. disproportionate scale and will be visually obtrusive. The proposed tree plantings will be insignificant when compared to the huge scale of the buildings. The proposed building design does not transition down to the surrounding residential area. Concern expressed over the excessive scale/footprint of the building and the precedent it will set for the adjacent HIA site. The submission expressed concern about the short timeframe for public comment and is inadequate for a building of this scale.

29. Carol Perron

Support expressed for Julie Doyle and Mark Anderson’s submissions. Support noted.

30. Margaret Dudley

Support expressed for Julie Doyle and Mark Anderson’s submissions. Support noted. The submission expressed concern over the non‐compliant building The NCA has requested amendments be made to the proposal for height and the precedent it will set for further development to further consideration of the proposal. breach the rules.

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31. Name withheld

Support expressed for Julie Doyle’s submission. Support noted. The submission expressed concern about the proposal The NCA has requested amendments be made to the proposal for further consideration of the application further consideration of the proposal. to build above the permissible height limits. The proposed height of the building will negatively impact on the streetscape along Constitution Avenue and have an even greater impact on the suburban streets in Campbell.

32. Dr. John P. Warren

Support expressed for Julie Doyle’s submission. Support noted. The submission expressed concern about the proposed The NCA has requested amendments be made to the proposal building height exceeding the height limit. for further consideration of the application. The submission raised concern about the on‐site parking for the proposed development. Concern was also raised about the accuracy of the traffic assessment. The traffic survey was conducted in September when Creswell Street was closed at Constitution Avenue and Pentland Street was closed at Kalma Way. The submission also raised concerns about the traffic and parking arrangements during construction.

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