Implications of AAT Decision on RZ2 (formerly A10) Areas containing heritage precincts

 

(The following was supplied to the ACT NT by a concerned resident)

 

The AAT has made a landmark decision in relation to Heritage places within A 10 areas in the first Appeal that related to a development application for heritage places in an A 10 area. The planning objective for A 10 areas is to increase housing density within 200m of shopping centres. Block amalgamation and multi unit, two storey developments are allowed in A 10 areas. The AA T endorsed the approval by the Planning Authority for the partial demolition of two heritage-listed cottages and the construction of a two storey extension adjoining the cottages so as to provide eight (8) units in the Early Canberra Brickworks Precinct, Yarralumla.

 

 

Key points in relation to the development are:

 

1. The cottages on the subject land are part of a group of four similar workmen's cottages dating from 1921-22 and were included on the ACT Interim Heritage Places Register on 23 February 2005 under the title "Early Canberra Brickworks Housing Precinct (Former Workers Cottages at Westridge)". They subsequently became included on the Heritage Register established under Part 4 of the Heritage Act 2004 ("the Heritage Act").

 

The subject land is subject to the A 10 Residential Core Area Specific Policies of the Territory Plan ("the Plan").

DA200703503 sought to consolidate the leases of Blocks 12 and 16, Section 64, Yarralumla, the partial demolition of two heritage-listed cottages, and the construction of a two storey extension adjoining the cottages so as to provide eight (8) units with a basement car park under the extension.

 

The-decision to approve the application was made pursuant to section 230 of the Land (Planning and Environment) Act 1991 ("the Land Act") and was subject to conditions imposed pursuant to section 245 of the Land Act.

 

There are two Heritage Precincts in A 10 areas: Wakefield Gardens, Ainslie, and part of Blandfordia 5, Griffith. (check Kingston housing)

Effects ofthe Decision for Heritage Precincts in A10 areas.

Blocks in A 10 areas can be amalgamated, regardless of heritage status

 

2. The detached form of dwellings in heritage precincts within A 10 areas is no longer 'of . concern'

Page 18 Item 81.

We consider that the development will retain the "architectural characteristics" of the original development (ie single detached dwellings) and it is therefore not inconsistent with Conservation Objective 4.11, because the substantial portion of each of the original houses affected will be retained and will be readily apparent to the ordinary passer-by as being the original single detached dwellings. That they are no longer "detached" is not the critical issue; it is whether or not their "architectural characteristics" are retained and the development will achieve this through retention of their red brick construction, their terracotta-tiled pitched roofs and the visible parts of their external form.

The impact of this is that two or more houses in heritage precincts may now be joined by development; the individual place in its setting on an individual block is no longer required, so long as the architectural characteristics of the original dwelling are retained in that dwelling (but not necessarily in any additional development on the block/s - see below.)

 

3. Two-storey development is now acceptable in heritage precincts in A10 areas.

 

4. The term 'complement' is used in specific requirements in most Heritage Registers

eg: 'all details and materials shall complement the original details and materials', and 'the roof form, roof pitch, materials, scale and detail of any new structures shall complement the architectural character of the original dwellings'. (Early Canberra Brickworks Housing);

and,the roof form, roof pitch, wall and roof materials and any new construction visible from the street shall complement the architectural character of the original dwellings in the street' (Blandfordia 5 Precinct).

 

The AAT has now defined 'complement'.

'We accept the meaning of the word complement is not to mimiC or copy, therefore the proposed development is not inconsistent with Conservation Objective 4.12 simply because it uses different building materials and its different architecture.' P 19 item 82.

 

The subject development is for a number of 2 storey units of a modern design, completely different materials and a flat roof straddling the two original dwellings; indeed it is hard to imagine a structure of a more radically different appearance to the 1920's single story pitched roof red brick cottages.

 

The implication is that in any heritage precinct, including those on A 10 areas, any building material, roof pitch form and materials may be used for any development in that precinct. It is no longer necessary for development to reflect the style of dwelling in that precinct.

 

Many specific requirements use the term 'shall'. This has been defined as 'the requirement is mandatory and must be complied with in any development or action post­dating the gazettal of the Register.' (eg see Register for Blandfordia 5). In stating its findings, the AA T chose to honour two of the requirements that are mandatory in the Early Canberra Brickworks Registration (but also see below): height of the roof and percentage of area for landscaping. Others were interpreted very liberally. In particular, the requirement to retain single detached dwellings was considered fulfilled because the two dwellings, no longer detached, could be interpreted by passers-by as once having been detached. As well, despite the enormous development, the little cottages were considered to be dominant ( a 'shall' requirement) because they are of different materials and would be very visible.

 

The implication is that 'shall' and 'mandatory' requirements no longer provide any certainty that the intended outcome in the Register will eventuate and could easily be challenged in any appeal.

 

Any requirement for a development to retain a specific proportion for planting is interpreted to relate to the block. In this case, and presumably in future cases in A 10 areas where blocks are amalgamated, the proportion is applied to the amalgamated block, not the two (or more) single blocks. Thus if, for example, 40% of any development must be retained for planting, it now means 40% of the total area of 2 (or more blocks). This, of course, reduces the overall proportion for planting.

 

P19 Item 84. 're conservation objective 1.5(b): This requirement refers to 'a residential block' where 'block' is in lower case, whereas other refernces to original blocks in this Objective aer written 'Block' with an upper case initial letter. We are satisfied that the 40% requuirement applies to the consolidated block' (!)

The effect of this is to diminish the amount of landscaping in heritage precincts in A 10 areas, when block amalgamation takes place and multi-unit development occurs.