INTRODUCTION
2. PUBLIC CONSULTATION REQUIREMENTS
2.1 National Capital Plan
2.2 Commitment to Community Engagement
3. SUMMARY OF PUBLIC CONSULTATION
3.1 The public consultation process
3.2 Submissions Received, Comments and Response
5. CONCLUSION
Attachment A – Location plan
Attachment B – Example Letter
Attachment C – Summary of submissions and NCA Response
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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 May 2015 the NCA received a Works Approval application from Acton Developments for the installation of a ‘Pop-Up’ style retail outlet within the John Avery Gardens at New Acton. The location of the subject site is at Attachment A.
The following report details the public consultation process undertaken by the NCA relating to this application.
Under the Plan, the requirements for public consultation apply, but are not limited to, certain residential developments, telecommunications facilities (that are not considered low impact) and amending or issuing an instrument under the Plan (including Development Control Plans).
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
 the timeframes for amendments to the Plan
 what is involved in preparing a new Development Control Plan
 the process for amending or issuing an instrument under the Plan
 the process by which WA applications, which are released for public consultation, will be assessed.
Part 2 - 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
 proposals are given exemption, as outlined in Part 2.3 of the ‘Commitment to Community
Engagement’
 the NCA determines no stakeholders will be affected.
Limited public consultation was undertaken on the application as the proposal was considered to have a potential impact on public space and community amenity, heritage and landscape values, amenity of the locality in terms of design and quality and consistency with the existing
Conservation Management Plan for Hotel Acton.
Limited public consultation on the application was undertaken between 3 and 21 August 2015. The consultation took the form of:

Between 3 and 21 August 2015, publishing details of the proposal, including the applicant’s plans and planning report on the NCA’s website .

The NCA writing to the following stakeholders advising of the consultation process:

Units Plan No. 3488 (New Acton South The Apartments, requesting that the letter be circulated to the owners of the apartments)

Parlour Room (Hotel Acton); and

Submitters who made comments on the previous works approval application.

The NCA referred the proposal to the ACT Heritage.
Limited public consultation escalated to full public consultation when on 15 August 2015 an article was published in the Canberra Times in relation to the proposal. The article outlined that the application was currently under consideration by the NCA and that submissions were due by COB on 21 August 2015.
In an email dated 10 August 2015 the Goodspeed business owner wrote to the Canberra Cycling
Club advising of the proposal, and that it was under consideration by the NCA for works approval.
The business owner was seeking support from the cycling club and its members, asking that submissions be made to the NCA.
The NCA received a total of 31 submissions on the proposal. Twenty submissions raised issues or objections in relation to elements of the proposal, and 11 submissions were made in support of the proposal.
Emails and letters 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 of support were:

The proposal will enrich the culture and diversify the mixed use precinct with minimal impact on surrounding residences and the site

The proposal will contribute positively to the amenity of New Acton and benefit residents

The proposal will support the use of cycling


The use of a modified shipping container reflects a modern ethos for the reuse of objects

The proposal is well designed, executed with quality and will blend with the overall design aesthetic and character of New Acton.

Landscape work commenced on site during the public consultation period, and the consultation process appeared disingenuous.
Key issues raised in the submissions of objection were:

The proposal will result in the loss of part of a highly utilised green space within the New
Acton precinct

Lack of consideration for alternative sites

The proposal will impact on the amenity of residents in adjacent apartments and the overall amenity of the gardens and surrounding areas

The use of a modified shipping container for the retail outlet is not considered an appropriate design and quality for the subject site

The proposal will increase bicycle traffic

Concern about encroachment into the John Avery Gardens and Kendall Lane

There is no confidence in the operators to show regard for their neighbours or visitors to
 the area in operating the business
There are no significant changes to the new application.
Sixty eight people provided comments on the NCA’s website. All 68 were in support of the proposal. The majority of comments submitted on the website related directly to the Goodspeed business and opportunities for small businesses and bicycle use. Other key issues raised were that the proposal would activate and diversify the precinct, and that it is in keeping with the sustainable and aesthetic ambitions of the area.
A summary of each submission and the NCA response is provided at Attachment C.
The NCA’s consultation process was carried out in accordance with the Plan and the NCA’s
‘Commitment to Community Engagement (August 2011)’.
The NCA has assessed issues raised by submitters and have been taken into account as part of the assessment process.
The NCA is satisfied that major concerns of the community have been addressed. The proposal is not inconsistent with the provisions of the National Capital Plan, and is supported by the NCA.
Based on the balance and nature of submissions received, the NCA proposes to grant temporary works approval to the application, to gain a better understanding on potential long term positive or negative impacts to the precinct. Permanent approval would be subject to a new works approval application.

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.
NCA response Submission Issue
1 Anthony Reid (Resident New Acton South)
1.1 The proposal is unsuitable to the precinct and would destroy the only green recreational space at the heart of the heritage-listed New Acton precinct.
The site is located within The Central National Area (West Basin) as shown in
Chapter 1 Figure 11 of the National Capital Plan (NCP). The land use policy for the site is Land Use A.
Primary land uses permitted as part of Land Use A include: Motel/Hotel; Place of assembly and Residential. Other land uses permitted are: Bank and co-operative society; Cafe, bar, restaurant; Car park; Club; Cultural facility; Indoor recreation facility; Office (ancillary to primary use); Park; Personal service establishment; Place of assembly; Public utility; Retail (ancillary to primary use); Road; Social/Community facility and Tourist facility.
Retail use is noted as ancillary, being independent of the primary use in the area but subordinate in terms of area and purpose. The proposal is significantly subordinate than that of the primary uses for Section 24 Acton (that being hotel/motel and residential).
The proposed Pop-Up outlet is to be 13.8m
2 , which will increase the total Gross
Floor Area for all Section 24 and Section 106 (Nishi) development by 0.02%. This figure reduces further when existing land uses within the whole Land Use A area are considered (which includes Rydges Hotel and Capital Tower accommodation).
Therefore the retail use proposed is ancillary to the Primary Land Uses of the Area.
The proposal is consistent with the objectives of the NCP (West Basin) by introducing a mix of land uses and maintaining the vibrant cultural essence within

Submission Issue NCA response the precinct. The siting of the Pop-Up outlet is appropriate and given its modest size, will not substantially encroach into the landscape setting of the John Avery
Gardens. The effect of the proposal can be quantified and demonstrates that the impact will be minor (i.e. the proposal will occupy 1.5% of the John Avery Gardens).
It should be noted that the John Avery Gardens is located on leased land and is not public open space. There are additional recreational areas to cater for residents and visitors of the precinct, particularly for a high density central business district location. The ‘green spine’ of the precinct has open space grassed areas while the western courtyard has seating with vegetable and herb gardens for passive recreation. The eastern courtyard is utilised by nearby hospitality businesses with outdoor furniture, umbrellas and decking area beneath the shade of trees. In addition, the New Acton South Building has private roof top gardens to the northern and southern podiums on Level 4 for residents only.
The precinct is in close proximity to extensive open space areas adjacent Lake Burley
Griffin.
The proposal is not a substantial work of architecture and is modest in scale. The appearance of the structure has been considered to ensure that it is consistent with the overall aesthetic, ethos and philosophy of the New Acton precinct which is nationally and internationally recognised for the promotion of art, creativity and sustainability. The proposed retail use of the facility will enrich its mixed use surrounds and complement the precinct.
The proposed Pop-Up outlet will align with the Nishi Gallery on the opposite side of the John Avery Gardens, enhancing the symmetry of the Hotel Acton north/south axis. The proposed Pop-Up outlet will integrate with the landscape through the roof top garden, and the use of climbers over a pergola frame.
The proposal was not opposed by the ACT Heritage Council and there are no perceived heritage issues.
Based on the balance and nature of submissions received, the NCA proposes to grant temporary works approval to the application, to gain a better understanding on potential long term positive or negative impacts to the precinct. Permanent approval would be subject to a new works approval application.

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3.1
3.2
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2.1
2.2
2.3
David Lawrance (Marcus Clarke Street)
The proposed location for a shop is inappropriate and would be an eyesore. Refer to response above.
For the purpose of the works approval assessment, it is considered that the proposed design and materials used for the Pop-Up outlet reflect the materials and building form used for the Nishi Gallery, though on a smaller scale integrated with the landscape, and therefore respects the architecture of the built environment of the precinct.
The loss of the grassed area would reduce the amenity and views from surrounding apartments and Hotel Acton.
The proposal would increase bicycle traffic and present a safety issue to pedestrians.
The siting of the Pop-Up outlet is appropriate and given its modest size, will not substantially encroach into the landscape setting of the John Avery Gardens. The effect of the proposal can be quantified and demonstrates that the impact will be minor (i.e. the proposal will occupy 1.5% of the John Avery Gardens).
Landscaping is proposed by the applicant to screen and integrate the Pop-Up outlet, to achieve harmony between existing buildings and the landscape. The proposal is not discordant with the general development and amenity of the locality. The height of the proposed structure will not obstruct views of the gardens from adjacent apartments.
It is a small area for retail use that is incapable of accommodating significant amount of stock. The level of production and level of sales is expected to be small, meaning the level of pedestrian and cycle activity generated by the proposal is expected to be minimal.
In regards to the Goodspeed business proposed to occupy the retail space, daily visitation would be low as the product offered is not a convenience retail good. The proposed capacity of the outlet caters for eight bicycles. The majority of product is sold via the internet.
Brendon Smith (Resident New Acton South)
The proposed location for the Pop Up outlet is inappropriate for the area and the existing space would be destroyed.
The vacant retail space within the Nishi Building or the area south of the
New Acton East Building would be a more suitable location for the proposal.
Refer to response at 1.1.
Alternate locations were considered by the applicant, limited to land leased to
Acton Developments (ACT) Pty Ltd, and not constrained by existing registered subleases, easements, underground utilities or services and/or emergency vehicle access zones.
The vacant retail space in the Nishi Building on the corner of Edinburgh Avenue is not available, and fit-out plans are currently underway by the lessee.

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4.3
4.4
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The area to Marcus Clarke Street (adjacent Mocan and Green Grout café) is
Territory Land (gazetted road reserve) and is subject to service easements.
The area to the southern façade of the New Acton East Building is part of the common property of UP3929 (New Acton East). The provisions of Section 20 (2) of the Unit Titles (Management) Act 2010 prevent a body corporate transferring or subletting its interest in the common property. This area is also within the waste hopper handling and collection apron immediately adjacent the waste room.
Refer to response at 1.1. The proposal will result in the loss of part of a highly utilised green space.
Crissy Fyfe (Resident New Acton South)
The proposal will not enhance or complement the existing landscape and architecture of the precinct.
Refer to response at 1.1 and 2.1.
The proposed location for a shop is inappropriate and would be an eyesore. Refer to response at 1.1 and 2.1.
The business has the potential to further encroach into the John Avery
Gardens.
Refer to response at 1.1.
The proposed business will create unwelcome competition for existing bicycle sales and repair business in the area (Mr. Spokes, ANU, Civic and
Braddon).
Concerned regarding the level of influence the developer has, when the previous proposal was rejected.
Mitchell Bracken (Resident New Acton South)
This is not a relevant matter for planning consideration. Works approval assessment is based on the proposed Pop-Up outlet with retail use (not the business which will occupy the space).
The NCA has followed correct and transparent processes relating to this application.
Noted. The proposal is not inconsistent with the NCP. Supportive of the proposal, as it will enrich the culture and tourism of the precinct making it more interesting, and will have minimal impact on the surrounding residences.
Name Withheld (Resident Nishi)
The proposal will contribute positively to the amenity and community at
New Acton.
Refer to response above.

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8.2
Matt Tindale
Encouragement of small businesses should be supported.
The Goodspeed retail outlet is in line with the ACT Government’s support of bicycle use (the 2015 ACT budget allocated $23m to improving the active transport network) and the location is within close vicinity to the City Cycle
Loop. The proposal will support the use of cycling infrastructure that the
ACT Government is investing in.
Name Withheld
The NCA approved the intended use of the area as a landscaped garden for the precinct.
Works approval assessment is based on the proposed Pop-Up outlet with retail use, not the business which will occupy the space.
Noted.
The structure will impose on the site and impede the feeling of space and harmony.
The original approval for the precinct dated February 2006 showed the area as open grass with a substantial amount of unit paving adjacent Hotel Acton and around the
Elm trees.
In December 2009 the NCA granted works approval to landscape works associated with the New Acton South Building. The landscape works included open grass areas, terracing and boundary shrub planting to the area now known as the John Avery
Gardens.
Subsequent landscape enhancements to the area were the initiative of Acton
Developments with the objective of creating a multi-functional space supporting a range of cultural, recreational and commercial functions.
On 5 July 2010 the NCA granted works approval to the construction of a temporary display suite to be converted to permanent gallery pavilion, located to the western side of the John Avery Gardens, and associated landscape works. The pavilion is now known as the Nishi Gallery. The associated landscape works comprised concrete stepping stones, low seating walls and a fruit tree grove.
On 4 December 2014 the NCA granted works approval to landscape works including artwork within the John Avery Gardens. This approval did not include works associated with the installation of the Pop-Up style outlet. The landscape works included replacement of an Elm tree, additional planting in mulched garden beds and the installation of irrigated turf and raised Elm trunk paver stepping stones.
Refer to response at 1.1 and 2.2.

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8.4
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The proposal would increase bicycle traffic to Kendall Lane and present a safety issue to pedestrians.
Refer to response at 2.3.
The proposal will result in the loss of part of a highly utilised grassed space. Refer to response at 1.1.
Access to West Basin is not accessible for elderly residents of New Acton as an option for use of alternative open spaces. West Basin will be unusable for many years once construction starts on West Basin City to the Lake project.
The vacant retail space within the Nishi Building should be considered as a more suitable location for the proposal.
Refer to response at 1.1. Development at West Basin is outside the scope of this works approval application.
Refer to response at 3.2.
Dom Galloway
The proposal offers significant positive outcomes for the vibrant area and to the broader ACT community, and broadens the mixed use to more than just the current hospitality based businesses.
The Goodspeed business have established themselves as something unique to Canberra and recognized nationally as a point of excellence.
The use of a modified shipping container reflects a modern ethos for the reuse of objects. The proposal is well designed, executed with quality and will have minimal impact on the site.
John Armstrong (CEO Capital Cycling)
The proposal represents substantial benefit to the residents of New Acton and the greater cycling community in the ACT.
The proposed location for the retail outlet is well placed amongst the development that is synonymous with innovative ventures, and will provide a unique atmosphere and interactive workspace.
Tanya Davies
The business would be a tremendous addition to the ACT, and the artisanal enterprise is a characteristic of Canberra and is linked with practices shown to improve health and wellbeing for the community.
Refer to response at 5.1.
Noted.
Refer to response at 2.1 and 5.1.
Noted.
Refer to response at 5.1.
Noted.

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13.4
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Joshua Ceramidas (Resident New Acton South)
The proposed design has given consideration to a structure that is sympathetic to its surrounds, with soft elements like wood and planting.
The proposal will fit well in the overall design aesthetic of New Acton and its cultural character.
The proposal will provide additional amenity to support residents with transport and recreation.
Refer to response at 5.1.
Refer to response at 5.1.
Name Withheld
The original application for the Pop Up outlet was not approved by the NCA as it was determined to be inconsistent with the National Capital Plan.
The proposal will result in the loss of part of a highly utilised grassed space. Refer to response at 1.1.
The structure will not site comfortably in the setting and will not achieve harmony between the existing buildings and landscape.
Refer to response at 1.1 and 2.2.
The proposal would increase bicycle traffic within Kendall Lane and present a safety issue with a conflict of pedestrians, cyclists and cars utilizing New
Acton East building basement. The Mocan and Green Grout café outdoor seating area restricts pedestrian access to the eastern end of Kendall Lane, and it is questioned why the outdoor seating area was approved.
There are no significant changes to the new application, and does not meet requirements of the National Capital Plan.
Refer to response at 1.1. Additional supporting information was included in the application to enable a new assessment of the proposal. An assessment was undertaken against the relevant provisions within Chapter 1, 7, 10 and Appendix T:9 of the NCP. The assessment concluded that the proposal is not inconsistent with the NCP.
Based on the balance and nature of submissions received, the NCA proposes to grant temporary works approval to the application, to gain a better understanding on potential long term positive or negative impacts to the precinct. Permanent approval would be subject to a new works approval application.
Refer to response at 2.3. The external areas occupied by the Mocan and Greet
Grout Café are contained within the common area of UP3208 (New Acton South) and is not applicable to the current works approval application.
Refer to response at 1.1 and 13.1.
Name Withheld

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The proposal will result in the loss of part of a highly utilised green space and is the only viable useable nearby space appropriate for family activities away from dangers of the lake.
The John Avery Garden is a small parcel of green space within close proximity to housing of over 900 units at New Acton.
A selling point used by Molonglo Group for New Acton was for a family friendly area that included green belts of gardens for family activities. This promise is almost non-existent except for the John Avery Gardens.
Refer to response at 1.1, 14.3 and 16.3.
Noted. Refer to response at 1.1.
There are additional recreational areas to cater for residents and visitors of the precinct, particularly for a high density central business district location. The ‘green spine’ of the precinct has open space grassed areas while the western courtyard has seating with vegetable and herb gardens for passive recreation. The eastern courtyard is utilised by nearby hospitality businesses with outdoor furniture, umbrellas and a decking area beneath the shade of trees. In addition, the New
Acton South Building has private roof top gardens to the northern and southern podiums on Level 4 which only residents can access.
Refer to response at 2.3. The proposal would increase bicycle traffic within Kendall Lane and present a safety issue with a conflict of pedestrians, cyclists and cars utilizing New
Acton East building basement.
Louise Bryant (Resident New Acton South)
The proposal will result in the loss of part of a highly utilised grassed area and the John Avery Gardens are not a commercial precinct.
The type of structure proposed would allow the New Acton precinct to decline in terms of quality and urban design (based on the example of shipping containers used at Westside (West Basin)).
Refer to response at 1.1.
For the purpose of this assessment, it is considered that the proposed design and materials used for the Pop-Up outlet reflect the materials and building form used for the Nishi Gallery, though on a smaller scale, and therefore respects the architecture of the built environment of the precinct.
Name Withheld
The proposal will detrimentally impact the already limited green area of the
John Avery Gardens.
There is no alternative within the precinct that provides a safe area for children to enjoy grassed areas away from dangers of traffic.
Canberra has limited options for public family space and activities which is evident in the New Acton precinct.
Refer to response at 1.1.
Refer to response at 14.3.
There is an abundance of designated public open space areas available within the inner city district/ Central National Area, such as West Basin, Acton Peninsula,
Commonwealth Park, City Hill, Glebe Park, Black Mountain Peninsula, Lennox

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17.6
17.7
17.8
17.5
17.9
Gardens, Commonwealth Place, Kings Park, Civic Olympic Pool and areas within the grounds of the Australian National University.
Margo Lawson (Resident New Acton)
The John Avery Gardens would have been approved by the NCA as part of the original decision for the overall New Acton development.
The proposal will reduce the amenity of the John Avery Gardens.
There are no significant changes to the new application.
The proponents have not addressed any issues raised during an on site consultation in 2014, and the proposed structure will protrude beyond the
New Acton South building line and across the existing Kendall Lane path.
The proposal will impact on the vista of Kendall Lane (between New Acton
South and Nishi Building), and retail use does not fit with the art precinct character of the area.
There is no guarantee that the facility will not be used for a different purpose in future.
Refer to response at 8.1.
Refer to response at 1.1.
Refer to response at 13.1.
The proposed Pop-Up outlet aligns with the Nishi Gallery on the opposite side of the
John Avery Gardens, enhancing the symmetry of Hotel Acton north/south axis. The proposed Pop-Up outlet would not encroach on the adjacent footpath, and will integrate with the landscape through the roof top garden, and the use of climbers over the pergola frame.
Refer to response at 1.1.Neither the building line of the New Acton South building, the Nishi building nor Kendall Lane form a vista. Kendall Lane does not form part of any land or water axis described in the NCP or the Griffin Plan. Furthermore, the alignment of Kendall Lane is not continuous and is broken by the Nishi Gallery and the public artwork located within the John Avery Gardens. Therefore the proposal will not impact or impinge into such a vista or any access easement.
The applicant has advised that the use of the facility will not be varied in future without prior approval by the NCA. This requirement will be conditioned in the decision notice.
Refer to response at 3.2. Consideration should be given to alternative sites such as the vacant retail space within the Nishi Building or the area south of the New Acton East
Building.
The Mocan and Green Grout business (corner of Marcus Clarke St and
Kendall Lane), operated in partnership by the proponents, was proposed as a ‘hole in the wall’ coffee shop but it has since extended to include outdoor seating areas which restricts pedestrian access. This gives little confidence that the proposal will not exceed the footprint as shown on the plans.
Landscape works commenced during the public consultation period, and it is questioned whether the public consultation and approval process is
Refer to response at 2.3. The external areas occupied by the Mocan and Greet
Grout Café are contained within the common area of UP3208 (New Acton South) and is not applicable to the current works approval application.
The NCA granted works approval to landscape works and the installation of artwork within the John Avery Gardens on 4 December 2014. NCA works approvals do not

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19.1
19.2
19.3
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18.1
18.2
19.4 genuine. have a timeframe or constraints for construction commencement or completion.
The applicant advised the NCA on 7 August 2015 that approved landscape works were scheduled to commence, as it is preferable to undertake landscape works in cooler weather to minimise stress to plants. Landscape works included the installation of soft landscaping, timber stepping stone pavers, irrigation and conduits for bollard lighting.
The NCA has followed correct and transparent processes relating to this application.
Consultation was undertaken in accordance with the NCA ‘Commitment to
Community Engagement’.
Ben Ennis Butler and Rose Patrick (Residents Nishi)
The proposal will build on the high standard already displayed in the New
Acton precinct and has the potential to create more interaction within the area.
The proposed structure will be integrated into the environment, and is heavily modified.
The potential loss of green space is minor and there is substantial additional planting. There is an abundance of open space adjacent Lake
Burley Griffin for city residents to make use of.
Roger and Diana Smith (Residents New Acton South)
There are no significant changes to the new application.
The proposal will result in the loss of part of a highly utilised green space and is the only viable space appropriate for family activities.
The proposal will have a footprint of 13.8 m 2 , however the shadow frame above it seems to comprise a larger area. The proposed structure will encroach into Kendall Lane restricting access along the footpath. The proposal would impact on the vista of Kendall Lane (between New Acton
South and Nishi Building).
Advertising is assumed to be placed on the walls of the structure
(particularly the sides facing Kendall Lane).
Noted.
Noted. Refer to response at 1.1.
Noted. Refer to response at 16.3.
Refer to response at 13.5.
Refer to response at 1.1 and 16.3.
Refer to response at 17.5.
Signage will be limited to painted signs on the external face of the glass panels
(similar to that used for the Mocan and Green Grout Café). There will be no illuminated signage.

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20.2
20.3
The fallen heritage tree was replaced after considerable time, which reduces confidence in the developer with respect to the interests of residents. It may not be apparent in the application, however it is understood that the proponent also has proprietorial interests in the
Goodspeed Bicycle company.
Landscape works commenced during the public consultation period. It is hoped that the works do no represent a presage of the outcome of the works approval decision.
Brian and Margaret Parry (Residents New Acton South)
Such a building was never intended for the precinct in the original plans for the New Acton area.
The proposed Goodspeed Bicycle company is a business linked to the proprietors of the Mocan and Green Grout Coffee shop - a business that already detracts from the amenity of the area by the encroachment of outdoor seating areas. The Goodspeed proposal will also detract from the quality of the New Acton precinct. What assurance is there that the business activities will not extend onto the adjacent paved area and perhaps the rest of the open space?
The use of modified cargo containers is a poor quality outcome. The title of
‘Pop Up’ assumes the proposal to be temporary, and the intended timeframe is not included in the application. The proposal could be made permanent.
The heritage tree was replaced as soon as practicable when climatic conditions permitted following the granting of works approval.
The Directors of Molonglo Group have an interest in Goodspeed Bicycles and the following businesses and ventures related to the New Acton precinct:

Mocan and Green Grout Café

A Baker

Hotel Hotel
 Nishi Gallery (supporting local artists and free of charge art exhibitions and community and charity events)

Necjo Pty Ltd (provider and maintainer of all public art in the precinct)

New Acton Cultural Fund (provider of free of charge art and cultural events)

Acton Developments (ACT) Pty Ltd (funder, curator and manager of all publicly accessible recreational areas of the precinct)

They are also the lessees of the precinct
Refer to response at 17.9.
Refer to response at 8.1.
The external areas occupied by the Mocan and Greet Grout Café are contained within the common area of UP3208 (New Acton South) and is not applicable to the current works approval application.
Refer to response at 1.1 and 2.3.
The applicant has advised that the structure can be readily removed if necessary and the area remediated. Based on the balance and nature of submissions received, the NCA proposes to grant temporary works approval to the application, to gain a better understanding on potential long term positive or negative impacts to the precinct. Permanent approval would be subject to a new works approval

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20.4
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20.10
There is a high level of distrust within the local community, both residential and business, about the management of the development in and adjacent to the area, and the future retail use may change.
The structure will be larger than it appears on the drawings – the frame above the structure will add 1.2m to its length and 0.4m to its width.
The drawings indicate a bicycle hanging from the frame extending towards
Kendall Lane which could impact on the area.
Signage could impact on the area.
The application states there will be no waste generated from the proposal. It is difficult to believe that bicycle parts etc. would arrive without packaging etc.
The Mocan and Green Grout business was established without clarification on where rubbish was to be disposed of and the provision of grease trap facilities for the food shop had to be obtained belatedly by negotiation with the New Acton South Owners Corporation. If there is to be any chance of this proposal being approved then conditions need to be clearly set and compliance monitored without further imposition on existing buildings and their management structures.
Traffic generated in the local area by approval of this application will place a strain on parking availability. application.
For the purpose of this assessment, it is considered that the proposed design and materials used for the Pop-Up outlet reflect the materials and building form used for the Nishi Gallery.
Comments regarding the proponents are not applicable to the works approval application.
The future retail use may change. Works approval assessment is based on the proposed Pop-Up outlet with retail use.
The applicant has advised that the use of the facility will not be varied in future without prior approval by the NCA. This requirement will be conditioned in the decision notice.
The frame over the structure is considered a landscape element like a pergola. It will be used for climbing plants and the applicant has advised that the frame would be used to hang only one of the eight bikes that will be on display.
Refer to response at 2.3.
Refer to response at 19.4.
The applicant has confirmed that there is no perishable waste or packaging associated with the sale of the bicycles. The bicycles are fabricated offsite (in
Queanbeyan) and would be brought to site in a commercial van. There is no long distance transport involved and no associated shipping packaging.
Comments regarding Mocan and Green Grout Café are not applicable to this application.
The proposal is considered not inconsistent with relevant planning provisions of the
NCP. Additional conditions will be applied as part of the decision as necessary.
The proposed Pop-Up outlet has an area of 13.8m
2 . It is unlikely that it will have an impact on existing parking demand or vehicular movement. The Parking and
Vehicular Access General Code specifies a provision of one space for 25m 2 of retail

20.11
20.12
20.13
20.14
20.15
20.16
21
21.1
There is an established “bike hire” business located to the south of Parkes
Way which does bicycle repairs and some sales which is clearly a tourist facility. The New Acton proposal is not a “tourist facility.” space. Given the size of the proposal, it is unlikely that significant additional pedestrian and bicycle traffic will be generated.
Refer to response at 2.3.
Retail use is a permitted use for the site under the NCP.
The applicant has argued that the terms “crafts” and “souvenirs” contemplate and accommodate the offer for sale of hand crafted locally produced bespoke bicycles which are closely associated with the tourist experience of Canberra and the precinct. The applicant considers that the proposal constitutes a tourist facility.
Refer to response at 17.9 and 20.13. Landscape works commenced during the public consultation period. Some of the works undertaken were not part of the approval.
The integrity of the National Capital Authority has been compromised by telling telephone enquiries that the conduit that has been laid is for water. The black poly pipe is for water but the orange conduit is electrical, the white conduit is for telephone. The advice given is incorrect and misleading.
This development proposal is totally contrary to what was originally planned for the New Acton precinct open space. This will become a blight on the landscape to everyone except the people who stand to gain financially if the proposal is approved.
Since there has not been any attempt to stop the preparatory on-site work for the proposed development of the pop-up bike shop ahead of the specified closure dates for comment, the perception of many residents and local business people about the relationship between the proponents and the approval authority has been reinforced.
The proposed works application detracts from the amenity of the New
Acton development and the environment and should be refused. Holding a lease on the land is not a licence to degrade the area.
Mike Lawson (Resident New Acton South)
Site works commenced during the public consultation period, and the
No incorrect or misleading advice was provided by the NCA during the consultation period. Advice provided to enquirers was that perhaps ground work being undertaken on site was for irrigation associated with the previous (December 2014) landscaping approval.
The NCA advised the applicant on 20 August 2015 that all landscape works must be in accordance with the approval issued in December 2014, and that works not included as part of the previous approval were to be reinstated to original condition.
Refer to response at 1.1 and 8.1.
Refer to response at 17.9 and 20.13.
Refer to response at 1.1.
Refer to response at 17.9 and 20.13.

21.2
21.3
21.4
21.5
21.6
21.7
22
22.1
22.2
NCA's apparent indifference to these works is questioned. The proponent shows no respect to the NCA’s consultation process.
The future retail use may change. The future retail use may change. Works approval assessment is based on the proposed Pop-Up outlet with retail use, not the business occupying the space.
The applicant has advised that the use of the facility will not be varied in future without prior approval by the NCA. This requirement will be conditioned in the decision notice.
Refer to response at 1.1, 8.5 and 16.3. The proposal will cause an unacceptable reduction in publicly accessible open space in John Avery Gardens (and residents of New Acton will have limited access to Lake Burley Griffin (West Basin) during construction of
City to the Lake project).
The proposal protrudes beyond the building line of New Acton South and will cause an obstacle to pedestrians.
Lack of consideration provided to alternative locations
There are only minor cosmetic changes to the new proposal
Should the proposal be permitted, the NCA should preclude any future change of use and require that the building be removed and the site rehabilitated at the end of its useful life. Additionally, the NCA should make it clear that they will not permit any further encroachment into John
Avery Gardens.
Name Withheld
None of the individual residential owners in the New Acton East building were officially consulted about the proposal.
The New Acton South building has been built on the boundary of Kendall
Lane, which is the property of the New Acton East building. All residents of the South Building access their apartments via Kendall Lane. As a sign of
“Good Will” the East Building residential owners, and the Molonglo Group officially approved a “Variable Width Pedestrian Easement”. The Mocan and Green Grout café occupies a substantial amount of the Variable Width
Pedestrian Easement, forcing pedestrians to use the traffic lane along
The proposed Pop-Up outlet aligns with the Nishi Gallery on the opposite side of the
John Avery Gardens, enhancing the symmetry of Hotel Acton north/south axis. The proposed Pop-Up outlet will not encroach on the adjacent footpath, and will integrate with the landscape.
Refer to response at 3.2.
Refer to response at 13.1.
The NCA intends to grant a temporary works approval to the proposal. The applicant has advised that the structure can be readily removed if necessary and the area remediated.
Noted.
This comment is not applicable to this application.

23.3
23.4
24
24.1
22.3
22.4
22.5
23
23.1
23.2
Kendall Lane, which is at times dangerous as there are conflicts with cyclists and cars accessing the East building basement.
In 2010 the CEO of National Capital Authority was contacted in regards to
Kendall Lane. The CEO at the time provided reassurance there would be no additional traffic on Kendall Lane as a result of the South Building. It is inevitable that if the proposal goes ahead there will be an increase in the amount of pedestrian and cyclist traffic on Kendall Lane thus making it even more dangerous.
I understand that the submission states that all traffic generated to and from the outlet will enter and exit from Phillip Law Street. I believe that it will be impossible for the owners of this shop to ensure that this is the case or indeed that they will be in a position to prevent customers from entering from the Marcus Clarke street end of Kendall Lane.
The John Avery Gardens should be preserved as is.
Refer to response above and at 20.10.
Given the proposed location, access to the outlet will be via foot or as cyclists. The main access door to the outlet adjoins Kendall Lane which ensures that there will be no access from the immediate lawn areas. Car parking is located at peripheral locations with loading zones on Phillip Law Street.
Prior landscape enhancements and future enhancements to the area are the initiative of Acton Developments, with the objective of creating a multi-functional space supporting a range of cultural, recreational and commercial functions for the precinct in accordance with the NCP.
Mrs. Helen Harvie (Resident New Acton South)
Landscape works commenced during the public consultation period (why is telephone cable and electricity required as part of landscape works).
The proposal allows for a limited number of bikes on site – how will this policed. The business may encroach into the open space area, much like the Mocan and Green Grout coffee shop.
Refer to response at 17.9 and 20.13.
The proposal will set a precedence for the area, and more commercial outlets could be proposed in future.
The proposal could be located at Westside.
The proposed capacity of the outlet caters for eight bicycles. It is a small area that is incapable or accommodating significant amount of stock. The level of production and level of sales is expected to be small, meaning the level of pedestrian and cycle activity generated by the proposal is expected to be minimal. The majority of product is sold via the internet.
Any proposed works located within a Designated Area under the National Capital
Plan requires written approval from the NCA.
Refer to response at 3.2.
Name Withheld
The green space (grass) valued by residents should be retained as there is Refer to response at 1.1, 14.3 and 16.3.

25
25.1
25.2
25.3
25.4
25.5
26
26.1
27
27.1
27.2 very little accessible natural grass in the precinct.
Roger Lee (Resident New Acton South)
Landscape works commenced during the public consultation period.
There does not appear to be a substantive change in the new works approval application compared to their previous application. As such many of the original comments made by the NCA in December 2014 are still applicable.
Commercial activities should be restricted to existing buildings of the precinct.
The application states that a maximum of 8 bicycles will be contained in the facility. I can only envisage that bikes will be end up being displayed on the surrounding grass or paved areas making the area a safety hazard to the public. It seems implausible that a business will function on the basis of eight bicycles alone.
Given works have commenced, can the NCA be confident that the proposal will operate within the guidelines that have been proposed by the
Molonglo Group?
Dr Joanne Edwards (Resident New Acton)
The precinct is a hub of mixed activity and diversity, the pop up shop will contribute to that mix and is in keeping with the initial plans and vision for the larger site.
Michael Lye (Resident New Acton)
I greatly enjoy and support the mixed use development at our doorstep.
We and other residents purchased in the precinct on the understanding that it was a mixed use precinct and so it is disappointing to see some now seeking to alter that development.
The proposal has been carefully designed to be sympathetic to the immediate surroundings. It will also provide another great facility for
Refer to response at 17.9 and 20.13.
Refer to response at 13.1.
The proposal is not inconsistent with the NCP.
Refer to response at 23.2.
Noted. Refer to response at 17.9 and 20.13. The NCA trusts that all works are carried out in accordance with approved plans.
Noted. Refer to response at 1.1. The proposal is not inconsistent with the National
Capital Plan (NCP).
Noted. Refer to response above.
Noted.

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28.2
30
30.1
30.2
30.3
29
29.1
29.2
29.3
30.4
31 residents and visitors, and will attract further attention to a precinct renowned for its architecture
Nicholas Dixon-Wilshurst (Resident New Acton South)
I appreciate the mixed use character of the precinct. I strongly support the addition of a bicycle shop to the area given the number of people who ride.
The design of the proposal seeks to mimic the nearby Nishi gallery while also incorporating plant life to give it a semi-organic character. This will make it fit well within the New Acton aesthetic.
Mr. and Mrs. Hekimian (Residents New Acton South)
There are no significant changes to the new application.
The John Avery Gardens is too small to accommodate the proposal, and the proposal will increase congestion to Kendall Lane.
The proposal could be accommodated within the Nishi Building.
Refer to response at 5.1.
Refer to response at 5.1.
Refer to response at 13.5.
Refer to response at 1.1 and 2.3.
Refer to response at 3.2.
Name Withheld
The proposal will result in a loss of green space
Other unlet commercial space within the precinct should be utilized, and public space should not be lost to commercial use.
A 'Pop-up' implies "a shop that opens quickly in a temporary location and is intended to operate for only a short period of time”. The proponent makes no allowance for removing this structure, only claiming they have no intention of shutting down operations. No commercial enterprise can guarantee such permanency of their business.
The application does not substantially address reasons why the earlier application was rejected.
Peter Cheers (Resident New Acton South)
Refer to response at 1.1.
Refer to response at 3.2.
The NCA intends to grant a temporary works approval to the proposal. The applicant has advised that the structure can be readily removed if necessary and the area remediated.
Refer to response at 13.5.

31.1
31.2
How will waste be managed?
It is a requirement of the Building Code of Australia for sanitary facilities to be provided for this class of building. The proposal offers no solution as to how this will be managed.
Given the nature of the proposed use there is no commercial waste generated nor additional load on existing hydraulic services. The products offered are not packaged convenience retailing goods consumed on a daily or weekly basis. The applicant has confirmed that there is no perishable waste or packaging associated with the sale of bicycles.
The proposal is not classed as a building and hence not subject to the Building Act.
Sanitary facilities are available on the lease within the Hotel Acton building and Nishi
Gallery.