Amendments to the NT Planning Scheme 2007

Amends the NT Planning Scheme by:

• rezoning Part Lot 773 Town of Borroloola (290 Robinson Road, Borroloola) from Zone PS (Public Open Space) to Zone MD (Multiple Dwelling Residential)
• updating the Borroloola Area Plan.

Amends the NT Planning Scheme by:

• rezoning Part NT Portion 1646 Townsite  of Numbulwar from Zone PS (Public Open Space) to Zone MD (Multiple Dwelling Residential)
• updating the Numbulwar Area Plan.

Amends the NT Planning Scheme by:

• updating the Borroloola Area Plan
• rezoning part Lot 773 Town of Borroloola from Zone PS (Public Open Space) to Zone MD (Multiple Dwelling Residential).

Amends the NT Planning Scheme by rezoning Section 6574 Hundred of Bagot (41 Howard Springs Road, Howard Springs) from Zone TC (Tourist Commercial) to Zone CP (Community Purpose) and part road reserves associated with Lambrick Avenue, Stuart Highway and Howard Springs Road from Zone CN (Conservation) & Zone PM (Proposed Main Road) to Zone M (Main Road).

Amends the NT Planning Scheme by:

• exempting ground level al-fresco dining from the requirements of the NT Planning Scheme
• removing the requirement to provide parking for all other al-fresco dining areas
• permitting sub-leasing of car parking spaces without consent.

The Planning Scheme Amendment corrected location of zone U (Utilities) to match the location of existing powerline traversing the land and rezoned the land outside the powerline easement to zone DV (Development) of the NT Planning Scheme.

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Includes the Litchfield Subregional Land Use Plan 2016 as a policy document in schedule 2 to clause 2.7 of the NT Planning Scheme and makes consequential amendments to:

• Schedule 3 – schedule to clause 2.8 (Reference to Guidelines) to update the “Priority Environmental Management Areas – Litchfield” document
• Clauses 1.1.1 (Minimum Lot Sizes and Requirements), 11.4.1 (Site Characteristics in Subdivisions of Rural Land or Unzoned Land for Lots of 1ha or Greater) and 11.4.5 (Subdivision of Land Zoned RR).

Amends various clauses of the NT Planning Scheme to allow for the development of dual-occupancies in Zone SD (Single Dwelling Residential) on lots of 1,000m²or greater, subject to a number of other criteria as outlined in the policy.

The following clauses are introduced:

• Clause 6.4.2 (Site Coverage)
• Clause 11.1.4 (Subdivision of Multiple Dwellings in Zone SD).

The following clauses are altered:

• Clause 3.0 (Definitions)
• Clause 5.1 (Zone SD – Single Dwelling Residential)
• Clause 5.16 (Zone H – Horticulture)
• Clause 5.17 (Zone A – Agriculture)
• Clause 6.9 (Land in Proximity to Airports)
• Clause 6.14 (Land Subject to Flooding and Storm Surge)
• Clause 7.1.1 (Residential Density Limitations)
• Clause 7.2 (Street Accessibility for
• Multiple Dwellings in Zone SD)
• Clause 7.3.2 (Distance between Residential Buildings on One Site)
• Clause 7.5 (Private Open Space)
• Clause 7.6 (Communal Open Space)
• Clause 11.2.3 (Lot Size and Configuration in Residential Subdivisions).

Revises various clauses of the NT Planning Scheme to streamline the planning process by reducing the number of minor or ancillary developments that require consent, and increasing flexibility in some development provisions to reduce the number of minor variations requiring consent.

The following clause is introduced:

• Clause 7.3.4 (Reduced Setbacks for Single Dwellings on Lots of 600m2 or Greater).

The following clauses are altered:

• Clause 1.3 (Exceptions)
• Clause 3.0 (Definitions)
• Clause 5.13 (Zone DV - Development)
• Clause 5.21 (Zone CP – Community Purposes)
• Clause 6.1 (General Height Control)
• Clause 6.2 (Height Control in Alice Springs)
• Clause 7.1.2 (Residential Height Limitations)
• Clause 7.3 (Building Setbacks of Residential Buildings)
• Clause 7.3.2 (Distance between Residential Buildings on One Site)
  Clause 8.1.2 (Offices, Restaurants and Shops in Zones CB and C)
• Clause 8.1.5 (Child Care Centres)
• Clause 8.3 (Setbacks for Commercial Uses Adjacent to Land in Zones SD, MD, MR or HR).

The following clauses are removed:

• Clause 2.10 (Carports, Pergolas and Shade Sails over Existing Car Parking in Multiple Dwelling Developments)
• Clause 6.11 (Garages and Sheds).

Amends subclause 2 of clause 1.3 (Exceptions) within the NT Planning Scheme to exempt works associated with the mitigation of stormwater flooding, over Lot 4221 Town of Darwin and Section 4294 Hundred of Bagot.

Rezones rezone Sections 7093 and 7103 from Zone RL (Rural Living) to Zone SD (Single Dwelling Residential), Zone MD (Multiple Dwelling Residential), Zone MR (Medium Density Residential), Zone PS (Public Open Space) and Zone U (Utilities) and develop the land for the purpose of a subdivision to create 23 lots.

Amends the NT Planning Scheme by rezoning Section 1742, Hundred of Cavenagh (45 Stockwell Road), from Zone FD (Future Development) and Zone R (Rural) to Zone RL (Rural Living) and Zone CN (Conservation)

Amends the NT Planning Scheme by:

• Rezoning part of Section 4231, Hundred of Bagot (102 Wallaby Holtze Rd), from zone RR (Rural Residential), zone RL (Rural Living) and zone PM (Proposed Main Road) to zone FD (Future Development), zone RL and zone PM;
• Altering the zone PM corridor across Crown land section 5562, section 5563 and portion 2295 to match the realigned Glyde Point Arterial; and
• Introducing the Holtze Urban Area Plan and Planning Principles to guide the future development of Section 4231 Hundred of Bagot.

NT News

Amends the NT Planning Scheme by:

i. Revising Clause 2.5 (Exercise Discretion by the Consent Authority) to provide the consent authority the ability to consent to a development or land use that satifies the criteria outlined in the associated clause.

ii. Revising Clause 7.1.1 (Residential Density Limitations) to provide guidance on what is meant by land capability and give the consent authority discretion as to when consent can be granted.

iii. Revising Clause 7.3.1 (Additional Setback Requirements for Residential Buildings Longer than 18m and for Residential Buildings Over 4 Storeys in Height) to allow for design responses and to give the consent authority discretion as to when consent can be granted.

iv. Revising Clause 7.4 (Building Setbacks and Fencing of Multiple Dwellings and Supporting Accommodation in Zone MR) to have the controls listed in this clause only apply when a site in Zone MR (Medium Density Residential) directly abuts a site on Zone SD (Single Dwelling Residential) and to both strengthen the controls and provide greater clarity by making them mandatory when subject to this clause.

Rezones part Section 6057 Hundred of Bagot (1 College Road, Berrimah) from Zone CP (Community Purposes) to Zone LI (Light Industry) and subdivide to create four lots.

Note this amendment was determined as part of a concurrent application and took effect upon issue of Development Permit DP16/0098

Amends the NT Planning Scheme to provide for small lots intended for Zone SD in greenfield areas by:

• Replacing Clause 11.1.2 (Integrated Residential Development) with new Clause 11.1.2 (Lots intended for Zone SD in Greenfield Areas);
• Revising Clause 11.2.1 (Site Characteristics in Residential Subdivision);
• Revising Clause 11.2.3 (Lot Size and Configuration in Residential Subdivisions);
• Revising Clause 11.2.4 (Lots less than 600m² for Single Dwellings);
• Revising Clause 6.5.4 (Vehicle Access and On-site Parking for Single Dwellings on Lots less than 600m² in Zone MD);
• Revising Clause 7.3.3 (Building Setbacks for Single Dwellings on Lots less than 600m² in Zone MD); and
• Revising Clause 7.5 (Private Open Space).

Amends the NT Planning Scheme in accordance with the altered proposal to modify SD37 (Specific Uses Darwin No.37) as it applies to Part Lot 5182 Town of Darwin (213 Dick Ward Drive, Ludmilla) by:

• Reducing the number of uses originally proposed to only allow for the development, with consent, of medical clinic, office and restaurant uses only within Area A of SD37.

Rezones Sections 0222 and 0223 Hundred of Colton (310 and 390 Acacia Gap Road, Manton) from Zone R (Rural) to Zone H (Horticulture) and subdivide to create two lots.

Note this amendment was determined as part of a concurrent application and took effect upon issue of Development Permit DP16/0041 on 05.02.2016.

Rezones Lots 1997, 1998, 1999 and 2000 Town of Nightcliff (33, 31, 29 and 27 Young Crescent, Alawa) from Zone SD (Single Dwelling Residential) to Zone MD (Multiple Dwelling Residential).

Note this amendment was determined as part of a concurrent application and took effect upon issue of Development Permit DP15/0772 on 10.12.2015.

Amends the NT Planning Scheme to facilitate land development in Farrar by:

• amending clause 14.5.1 (Palmerston Eastern Suburbs Planning Principles and Area Plans) to include sub-clause 7 and revise Area Plan 1 of 3;
• rezoning Lot 8410 Town of Palmerston (4 Brennan Court, Farrar) from Zone SP5 (Specific Use Palmerston No. 5) to Zone FD (Future Development);
• rezoning Lot 8631 Town of Palmerston (5 Farrar Boulevard, Farrar) from Zone SP7 (Specific Use Palmerston No. 7) to Zone FD (Future Development);
• rezoning part Lot 8408 Town of Palmerston (14 Cook Street, Farrar) from Zone CP (Community Purpose) to Zone FD (Future Development);
• rezoning part Lot 9 Town of Palmerston (231 Roystonea Avenue, Farrar) from Zone SP7 (Specific Use Palmerston No. 7) to Zone FD (Future Development);
• omitting Zone SP7 (Specific Use Palmerston No. 7) from Schedule 1.

Amends the NT Planning Scheme by:

• inserting a new clause 1.3 sub-clause 2(s) that exempts from select provisions of the Planning Scheme the subdivision of rural or unzoned land to lots less than 1ha to accommodate infrastructure for water supply, sewerage, gas, electricity or telecommunications;
  - changing the heading of clause 11.4 from “Subdivision or Rural and Unzoned Land”, to “Subdivision of Rural Residential, Rural and Unzoned Land”;
• changing the heading of clause 11.4.1 from “Site Characteristics of Subdivisions of Rural Land and Unzoned Land” to “Site Characteristics in Subdivisions of Rural Land or Unzoned Land for Lots of 1ha or Greater”;
• inserting a new clause 11.4.5 sub-clause 6 that requires a land suitability assessment to be submitted for applications relating to the subdivision of land in Zone RR (Rural Residential); and
• inserting a new clause 11.4.7 “The Subdivision of Unzoned Land for Lots less than 1ha”.

Amends the NT Planning Scheme to:

• replace Clause 4.2 – Planning Principles and Framework: Darwin Region to include revised principles and new framework plans that reflect the policy established by the Darwin Regional Land Use Plan 2015; and
• include the Darwin Regional Land Use Plan 2015 as a policy document in Schedule 2 to Clause 2.7 (Reference to Policy).

Amends the NT Planning Scheme by:

• updating clause 4.1 - Planning Principles and Framework: Northern Territory to include two new principles relating to compact urban growth and social infrastructure; and
• updating Schedule 2 - Schedule to clause 2.7: Reference to Policy to include the "Northern Territory Compact Urban Growth Policy".

Amends the NT Planning Scheme in accordance with the altered proposal to rezone Lot 7820 Town of Darwin (4 Blake Street, The Gardens) from Zone CP (Community Purposes) to Zone SD46 (Specific Use Zone Darwin No.46) by:

• reducing the number of dwelling originally proposed on the site from 143 dwellings to 118 dwellings;
• reducing the building heights from nine storeys to seven storeys;
• introducing a setback clause to minimise the effects of building mass, avoid undue overlooking of adjoining properties, encourage breeze penetration between buildings and protect the amenity of adjoining properties;
• requiring extra car parking space such that one bedroom plus one study is 2 car parking spaces; and
• providing a requirement for including private open space, communal open space and landscaping to be in compliance with the NT Planning Scheme requirements as if the site is in Zone HR (Higher Density Residential).

Amends the NT Planning Scheme by:

• including the Katherine Land Use Plan as a policy document in Schedule 2 to Clause 2.7;
• including the map Priority Environmental Management Areas – Katherine in Schedule 3 to Clause 2.8;
• amending the Katherine Land Use Framework at Clause 4.4; and
• amending Sub-clause 7 of Clause 11.4.1 Site Characteristics of Subdivisions of Rural and Unzoned Land to make reference to the Priority Environmental Management Areas - Katherine.

The Minister for Lands, Planning and the Environment has altered and approved the amendment to review clause 7.10.4 (Dependant Units) of the NT Planning Scheme by:

• replacing the term “dependant unit” with a new term “independent unit”;
• changing the definition to provide flexibility to cater for persons who are not related to the resident reside in the primary dwelling;
• including a requirement of 1 car parking space per bedroom to a maximum of 2 parking spaces;
• including a requirement for private open space area; and
• providing detailed circumstances that would allow the consent authority to vary the requirements of the clause.

The Minister for Lands, Planning and the Environment has amended the NT Planning Scheme by:

• inserting the NT Lands Suitability Guidelines as a referenced document to Schedule 3; and
• revising clause 11.4.1(Site Characteristics of Subdivisions or Rural and Unzoned Land) to introduce the requirement for applications subject to this clause to include a land suitability assessment addressing the NT Land Suitability Guidelines and a stormwater management plan.

The Minister for Lands, Planning and the Environment has amended the NT Planning Scheme by inserting:

• a statement at clause 7.3.1 that describes the purpose of the clause, which is to minimise any adverse affects of building massing and visual bulk when viewed from adjoining land and the street; and
• an additional sub-clause which allows the Consent Authority to vary clause 7.3.1 in circumstances where the proposal is consistent with the purpose statement and where good design is achieved.

The Minister for Lands, Planning and the Environment has amended the NT Planning Scheme by:

• replacing the term "bed and breakfast accommodation" with a new term "home based visitor accommodation";
• changing the definition to introduce the new term and provide more detail of the nature of the business;
• developing a new method of development assessment referred to as "self assessable" that allows the proponent to assess their own proposal;
• making "home based visitor accommodation" a self assessable land use category;
• specifying that the "home based visitor accommodation" may not operate if the dwelling is a multiple dwelling;
• limiting "home based visitor accommodation" to sites with an area of at least 600m2;
• increasing the number of guests allowed from five to six;
• including a requirement that the persons operating the "home based visitor accommodation" reside on the premises;
• including the car parking requirements in the clause so that all matters relating to home based visitor accommodation are contained in the clause;
• allowing "home based visitor accommodation" in rural areas to have an illuminated business sign; and
• providing more details about the circumstances that would allow the consent authority to vary the requirements of the clause

The Minister for Lands and Planning has amended the NT Planning Scheme by:

• introducing additional Palmerston City Centre Planning Principles that relate to the residential use precinct within the Palmerston City Centre Area Plan;
• replacing the Palmerston City Centre Area Plan and altering the plan as it applies to Lot 11019, Town of Palmerston and the Roystonea Avenue road reserve to allow for additional commercial and residential uses;
• rezoning Lot 30 and part Lot 11019, Town of Palmerston (9 Maluka Drive, Palmerston City) from Zone CP to Zone FD; and
• rezoning part of the Roystonea Avenue road reserve from Zone M to Zone FD.

The Minister for Lands and Planning has amended the NT Planning Scheme by:

• revising clause 1.3 (Exemptions) to note that telecommunications facilities are not prevented by the NT Planning Scheme so long as the proposal is consistent with clause 13.5;
• introducing a definition of telecommunications facility to clause 3; and
• broadening clause 13.5 to require consent for non-low impact telecommunications facilities.

Rezones part Section 1813, Hundred of Ayers (497 Wickham Point Road, Wickham) and adjacent Crown land from Zone CN to Zone U.

Rezones part Section 1814, Hundred of Ayers (1232 Channel Island Road, Wickham) from:

• Zone CN to Zone DV;
• Zone U to Zone DV;
• Zone PM to Zone DV; and
• Zone DV to Zone U.

Rezones adjacent Crown land associated with Section 1814, Hundred of Ayers (1232 Channel Island Road, Wickham) from Zone CN to Zones DV and U.

Rezones part Section 1890, Hundred of Ayers (1000 Channel Island Road, Wickham) from Zones DV to Zone U, CN to Zone U.

Rezones adjacent Crown land associated with Section 1890, Hundred of Ayers (1000 Channel Island Road, Wickham) from Zone U to Zone CN.

• altering the zoning boundaries of Zones SD, CN, RR, LI and FD; and
• rezoning the drainage reserve from Zones CN, SD and RR to Zone PS.

Clauses 3, 5.2, 5.3, 5.4, 6.1,6.2 and 7.1 are amended to:

• define ground level in the NT Planning Scheme as the ground surface level that exists on a site prior to the earth or construction works associated the development of a building; and
• clarify height limitation on habitable rooms where a ceiling is not horizontal.

For the purpose of facilitating the development of a new correctional facility.

• Rezones part Section 4225, Hundred of Bagot (498 Taylor Road, Holtze) from Zone R to Zones CP and U; and
• Rezones part Portion 2820, Hundred of Bagot (325 Howard Springs Road, Howard Springs) from Zone RL to Zone U.

Rezones Lot 7291, Town of Darwin (7 Tiger Brennan Drive, Darwin City) and part of the Tiger Brennan Road Reserve (Administrative Parcels 5564 and 8038) from Zones M to Zone CB.

Rezones Part Lot 7668, Town of Darwin (3 Printers Place, Darwin City) from Zone CB to Zone M.

Rezones part Lots 6 and 7 LTO75/014, part Lot 13 LTO 83/053 and part Section 4540, Stuart Highway Coolalinga, Hundred of Bagot from Zone RL to Zones SD, MD, MR, U and PS.

Introduces an Area Plan and planning principles for Coolalinga North.

Omits and substitutes clause 4.3 - Planning Principles and Framework that relate to Alice Springs;

Introduces an Area Plan and planning principles for Alice Springs South of MacDonnell Ranges (Erumba Industrial); and

Introduces an Area Plan and planning principles for Alice Springs South of MacDonnell Ranges (Connellan).

Amends a range of provisions relating to development within Zone TC:

• Omits and substitutes clause 6.4 Plot Ratio;
• Omits and substitutes the Table C to clause 7.1;
• Introduces sub-clause 6 to clause 7.5 private open space;
• Introduces sub-clause 4 to clause 7.6; and
• Omits and substitutes clause 7.9.

Amendment in relation to "demountable structures":

• Alters the definition of "demountable structures" to exclude "medical clinic"
• Omits and substitutes clause 6.8 Demountable Structures

Rezones Sections 4920-4927, Hundred of Strangways and NT Portion 6600 (240, 305, 320, 325, 330, 350, 370, 390 and 410 Wheelwall Road, Berry Springs) from Zone R to Zone RL.

Rezones part Sections 1564 and 1565, Hundred of Ayers (Berry Springs) from Zone RL to Zone CN.

Amendment in relation to residential building setbacks.

• Introduces an additional sub-clause (j) in clause 1.3 Exceptions to permit certain sheds without consent;
• Introduces new clause 2.10 Carports, Pergolas and Shade Sails Over Existing Car Parking in Multiple Dwelling Developments;
• Defines "pergola", "primary street", and "secondary street";
• Omits and substitutes clause 6.11 Garages and Sheds; and
• Omits and substitutes clause 7.3 Building Setbacks of Residential Buildings.

Amendment in response to introduction to the Unit Title Schemes Act.

• Introduces new clause 11.1.4
• Amends clauses 11.4, 11.4.1, 11.4.2 and 11.4.3
• Repeals clause 11.4.6
• Omits all references to "the Scheme" and substitutes "the Planning Scheme"

Omits the table to clause 5.10 Zone TC and substitutes a replacement table with all references to clause 7.1 omitted.

Omits clause 6.1 (General Height Control) sub-clause 2 and substitutes a replacement sub-clause.

Omits clause 6.4 (plot ratios) sub-clauses 2 and 3 and substitutes replacement sub-clauses 2, 3 and 4.

Rezones Lots 7868, 7875, 7887, 7897, 7915, 7921, 8016, 8017, 8018, 8020, 8052, 8065 and proposed Lots 8036, 8070, 8116, 8140, 8161, and 8176 Town of Palmerston in the suburb of Farrar and Lots 8725, 8732, 8738, 8747, 8759, 8789, 8790, 8800, 8801, 8821, 8834, 9248, 9265, 9305, 9702, 9721, 9724, 9738 and 9749 Town of Palmerston in the suburb of Rosebery to MD;

Rezones proposed Lots 8122, 8132, 8133, 8134 and 8167, Town of Palmerston (48, 28, 26, 24 Liddy Crescent and 2 Huddleston Street)in the suburb of Farrar from Zone MD to Zone SD;

Rezones Lot 8019 and proposed Lot 8168, Town of Palmerston (37 Bauldry Avenue) in the Suburb of Farrar to Zone PS; and

Rezone part Lot 7651, Town of Palmerston (260 Stuart Highway) in the Suburb of Farrar, the Stuart Highway / Temple Terrace buffer to Zone CN.

Rezones Sections 3230 and 3231, Hundred of Glyde (14 and 4 Dunheved Road, Dundee Beach) from Zone CP to Zone SN1;

Rezones Section 3055, Hundred of Glyde (55 Namarada Drive, Dundee Beach) from Zone CP to Zone R; and

Rezones Section 3056 Hundred of Glyde (33 Namarada Drive, Dundee Beach) from Zone CP to Zone R and Zone CN.