Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2012 (NO 1) (NO 18 OF 2012) - REG 15

insert

Division 1.3.3A     Exempt developments—community gardens

1.72     Definitions—div 1.3.3A

In this division:

"boundary "means the boundary of—

        (a)     the unleased territory land on which a community garden is established; or

        (b)     the existing school campus on which a community garden is established.

class 10a building means any of the following buildings that are class 10a buildings under the building code:

        (a)     a shed

        (b)     a greenhouse;

        (c)     a gazebo;

        (d)     a pergola;

        (e)     a hail protection structure;

        (f)     a storeroom or other out-building.

Note     Class , for a building or structure, means the class of building or structure under the building code (see dict).

class 10b structure means any of the following structures that are class 10b structures under the building code:

        (a)     an arbour;

        (b)     an arch;

        (c)     a fence;

        (d)     a freestanding wall;

        (e)     a garden bed;

        (f)     a pole.

Note     Class , for a building or structure, means the class of building or structure under the building code (see dict).

"community garden"—

        (a)     means the use of land for the cultivation of produce primarily for personal use by the individuals undertaking the gardening; and

        (b)     includes demonstration gardening or other activities to encourage the involvement of school groups, youth groups or others in gardening activities.

Example

a garden in a school that is cultivated by students and grows produce for use in the school canteen

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1.73     Application—div 1.3.3A

    (1)     This division applies to a community garden if—

        (a)     the garden is established on—

              (i)     unleased territory land under a licence granted under the Act, part 9.11 (Licences for unleased land); or

              (ii)     an existing school campus.

Note     Existing school campus —see s 1.97.

    (2)     If this division applies to a community garden the following sections of schedule 1 do not apply in relation to a development in the community garden:

        (a)     section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area);

        (b)     section 1.45 (Roofed class 10a buildings—enclosed or open on 1 side);

        (c)     section 1.46 (Roofed class 10a buildings—unenclosed or partially open);

        (d)     section 1.47 (Class 10a buildings—unroofed and unenclosed);

        (e)     section 1.50 (Class 10b structures—plan area not more than 2m ² );

        (f)     section 1.51 (Fences and freestanding walls generally);

        (g)     section 1.52 (Basic open space boundary fences);

        (h)     section 1.62 (Water tanks);

              (i)     section 1.63 (External ponds);

        (j)     section 1.100 (Compliant single buildings).

Note     The provisions of sch 1 that are not mentioned in this section may apply in relation to a development in a community garden.

1.74     Community gardens—general exemption criteria

Unless otherwise stated in a provision, a development to which this division applies must comply with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.

Note 1     Designated development , in relation to land—see s 1.2.

Note 2     General exemption criteria for a development—see s 1.10.

1.74A     Community gardens—class 10a building

A designated development for building or installing a class 10a building in a community garden if—

        (a)     the height of the building is—

              (i)     not more than 3m above natural ground level; or

              (ii)     if no part of the building is higher than a plane projecting at 30 ^o above horizontal from a height of 3m above the natural ground level at a boundary—not more than 4m above natural ground level; and

Note     Natural ground level —see the territory plan (13 Definitions).

        (b)     the plan area of the building is—

              (i)     if the community garden is less than 600m ² —not more than 10m ² ; or

              (ii)     if the community garden is 600m ² or more—not more than 50m ² ; and

        (c)     the height of the finished floor level of the building that has a floor is—

              (i)     if the building is within 1.5m of a boundary—not more than 0.4m above natural ground level; or

              (ii)     in any other case—not more than 1m above finished ground level; and

Note     Finished ground level —see the territory plan (13 Definitions).

        (d)     the minimum setback between the building and any street frontage is—

              (i)     if the plan area of the building is not more than 10m ² —6m; or

              (ii)     if the plan area of the building is more than 10m ² and not more than 50m ² —15m; and

        (e)     if any part of the building is within 1.5m of a boundary that does not align with any street frontage—

              (i)     the building is the only class 10 building or structure (other than a boundary fence) that has any part of it within 1.5m of the boundary; or

              (ii)     section 1.74C applies to the building.

1.74B     Community gardens—class 10b structures

    (1)     A designated development for building or installing a garden bed in a community garden if—

        (a)     the bed has a plan area of not more than 50m ² ; and

        (b)     the bed is not more than 1m high.

    (2)     A designated development for building or installing a fence in a community garden if—

        (a)     the fence is made of mesh; and

        (b)     the fence is not more than 2.3m high; and

        (c)     if the fence is a boundary fence—it does not divert or concentrate the flow of surface water in a way that causes the water to pond or be diverted onto other land.

    (3)     A designated development for building or installing a class 10b structure (other than a garden bed or a fence) in a community garden if the structure—

        (a)     has a plan area of not more than 2m ² ; and

        (b)     is not wider than 2m; and

        (c)     is not higher than 1.85m above natural ground level; and

        (d)     if the structure has a floor—the floor is not more than 0.4m above natural ground level; and

        (e)     if any part of the structure is within 1.5m of a boundary—

              (i)     the structure is the only class 10 building or structure (other than a boundary fence) that has any part of it within 1.5m of the boundary; or

              (ii)     section 1.74C applies to the structure.

1.74C     Community gardens—boundary clearance area

    (1)     In this section:

"boundary clearance area "means the area between a boundary and a line drawn 1.5m inside and parallel to the boundary.

class 10 building or structure does not include a sign installed on a community garden.

"relevant cross-section area", of a building or structure partially or fully within a boundary clearance area, means the area of the largest cross-section of the building or structure at any point in the area when measured in a plane parallel to the boundary.

    (2)     A designated development for a class 10 building or structure (the 2nd thing ) in a boundary clearance area if—

        (a)     an existing class 10 building or structure (the 1st thing ) is partially or fully in a boundary clearance area; and

        (b)     the 2nd thing would be exempt under another section of this division if the 1st thing were not partially or fully within the boundary clearance area; and

        (c)     the 2nd thing is not a boundary fence; and

        (d)     the 1st thing and 2nd thing—

              (i)     are the only class 10 buildings or structures (other than a boundary fence) that are partially or fully within the boundary clearance area; and

              (ii)     have a combined relevant cross-section area above natural ground level of not more than 30m ² .

1.74D     Community gardens—water tanks

A designated development for building or installing a water tank in a community garden if—

        (a)     the capacity of the tank is not more than 20kL; and

        (b)     the height of the tank is not higher than 3m above natural ground level; and

        (c)     no part of the tank is within 1.5m of a boundary.

1.74E     Community gardens—ponds

A designated development for building or installing an external pond in a community garden if—

        (a)     the pond is not for, or used for, swimming, wading or bathing; and

        (b)     the maximum depth of water the pond can hold is not more than 300mm; and

        (c)     no part of the pond is within 1.5m of a boundary.

1.74F     Community gardens—shade structures

A designated development for building or installing a shade structure (and carrying out any related earthworks or other construction work on or under the land) in a community garden if—

        (a)     the height of the shade structure is not more than 4m above existing ground level; and

        (b)     the plan area of the shade structure is not more than 50m ² ; and

        (c)     the shade structure is unenclosed on at least 2 sides.