Following community feedback, the ACT Government will make a technical amendment to the Territory Plan to clarify which residential developments are subject to new living infrastructure provisions.
The living infrastructure provisions set out the percentage of land new residential developments, including detached houses, townhouses and apartment buildings, need to dedicate to trees, plants and grassed areas. These provisions are set to come into force on 1 September 2022.
Minister for Planning Mick Gentleman said blocks in new residential estates, such as Denman Prospect, Whitlam and Ginninderry, will be temporarily exempt. Developments including knock-down and re-builds in established residential suburbs will be required to meet new living infrastructure provisions.
“The ACT Government exempted developments in new estates through the Territory Plan Variation 369 amendment in May 2022. This has caused some confusion about the types of residential developments required to comply with living infrastructure rules,” Minister Gentleman said.
“The amendment that we’re proposing to the wording of Territory Plan Variation 369 will clarify that developments in established residential areas will need more planting space and more trees. This includes blocks being subdivided or consolidated.
“It states that the living infrastructure rules apply to blocks approved under an estate development plan before 1 January 2020 or for which a lease was granted before 1 January 2020.
“Blocks purchased in new estates, including through house and land packages, on or after 1 January 2020 are exempt from having to meet the living infrastructure requirements until the new Territory Plan comes into effect in 2023.
“The decision to temporarily exempt blocks in new estates was made out of concern for Canberrans who had purchased a house and land package in new suburbs and were already underway with planning and building,” Minister Gentleman said.
“For people who have bought a house and land package, changing designs at a late stage of the planning and building process, or even after construction had started, would result in unfair extra costs and delays.
“We were also conscious that late-stage changes to developments would further disrupt the local construction industry, which is already experiencing weather, supply chain and material cost challenges.
“The living infrastructure rules, which require bigger yards and smaller homes, mean the construction industry will need to adapt the way it designs new residential developments. We will continue to work closely with the industry and those going through the planning process to transition to the new living infrastructure standards.
“Living infrastructure plays a vital role in urban cooling and climate control. It is also essential for air, soil and water quality, which I think we can all agree are a priority. Variation 369 is an important first step.
“I invite everyone to have their say on the technical amendment to clarify the wording of Variation 369 through the ACT Government’s planning website,” Minister Gentleman said.
“Once the new Territory Plan comes into effect in 2023, all new residential developments in the ACT will need to comply with living infrastructure requirements.
“We expect the new Territory Plan will feature a range of extra provisions for living infrastructure too, including extending the requirements to blocks in commercial zones.
“I’m looking forward to hearing more from Canberrans about their views on a range of planning matters, including living infrastructure, when the draft Territory Plan opens for public consultation later this year,” Minister Gentleman said.
