Federal Golf Club retirement village battle heads to ACAT

The conditional approval of the Federal Golf Club’s proposed retirement village on a section of the Red Hill course will be reviewed in the New Year.

A directions hearing in the ACT Civil and Administrative Tribunal has been set down for Friday, 10 January, after an application from the Friends of Federal Fairways, which is leading opposition to the $100 million development proposal from the club’s development partner Mbark.

On 18 November, the Territory Planning Authority approved the proposal for 125 dwellings, including 77 single-storey houses and 48 apartments across six three-storey buildings, and a health and wellbeing centre for residents on six hectares of the course.

However, FOFF is now challenging the decision on planning, technical and jurisdictional grounds, arguing that the proposal should have been assessed on the impact track rather than the merit track.

It argues that a retirement village, as a prohibited development in the PRZ2 zone, could only be permitted after a lease change and then only in the impact track.

FOFF also argues that the TPA applied the wrong legislation, the Planning and Development Act, when it should have been the Planning Act 2023 (ACT).

The Planning Act 2023 (ACT) commenced on 27 November 2023 and applies to development applications submitted on or after that date. The development application was made on 9 February 2024 and amended on 21 June 2024.

FOFF will argue that the land is not suitable for a retirement village for a number of reasons, including safety and environmental considerations, especially the destruction of trees and habitat.

It will rely on evidence from the Conservator of Flora and fauna as well as experts.

“No clear, coherent, definitive plans have been submitted to conclusively show what trees/habitat will be destroyed and the evidence will show that the proposed development will fragment critical roosting habitat for a variety of important species – including Sulphur-crested Cockatoos, Corellas (two species), Galahs, Rainbow Lorikeets and Gang-gangs, the ACT’s wildlife emblem and a gazetted endangered species,” the FOFF application says.

FOFF says the proposal does not meet several planning code requirements, including the requirement that the 18-hole gold course be preserved.

The proponent does not provide any evidence that it can meet the adaptable housing standard, it says.

FOFF says Mbark incorrectly asserts that the Community and Recreation Facilities Location General Code does not apply to the proposal because a “retirement village is not classed as a Community and Recreation Facility”.

There is no evidence of a required crime risk assessment being performed, nor that signage to do with the bus stop is compliant.

The Water Sensitive Urban Design General Code requires on-site stormwater detention, but the proponent merely stated what the rule required, according to FOFF.

It also states that the DA conflicts with the requirements of the Parking and Vehicular Access General Code (PVAGC), particularly those relating to sight distance at the proposed property access point.

All up, seven DAs have been submitted with proposals for an access road from Kitchener Street and a dam still under assessment. The retirement village approval is also dependent on the outcome of the other DAs.

A final DA is expected to remove the concessional status from the retirement village area of the site.

The Federal Golf Club argues the project is vital to securing its long-term financial future.