The proposed $330 million development at the Gold Creek Country Club in Nicholls may not even get off the tee after an application to subdivide the land was refused, mainly because it was inconsistent with the National Capital Plan.
Gungahlin Golf Investments (GGI), which bought the club from the ACT Government for $3 million in 2005, wants to develop the 694-dwelling, build-to-rent project over 10 years on what it describes as 7.5 hectares of underused land on Curran Drive, Nicholls.
GGI has also lodged eight separate DAs, each representing a stage of the 10-year development and reflecting the master plan developed for the project.
However, these were dependent on the success of the subdivision application, which also sought to vary the Crown lease to expand the developable area for commercial uses and redistribute the allowable uses, development rights, and gross floor area between the two proposed blocks.
The Territory Planning Authority said in its Notice of Decision that the DA fell foul of the NCP’s Hills, Ridges and Buffer Spaces rules, with the National Capital Authority unable to support it.
It said the land aligned with the Urban Areas in the NCP, which permitted commercial uses, but the proposed amendment to the developable area encroached into the Hills, Ridges and Buffer Spaces, which did not allow a club, child care centre, commercial accommodation or indoor recreation uses.
The TPA also said that breaking the connection between commercial uses and the golf course and redistributing the gross floor area between the two blocks had not been adequately justified.
This relates to a key objection to the proposal – that it undermines the primary use of a golf course.
“The Crown lease for Block 14 Section 86 Nicholls requires the operation of an 18-hole golf course for the additional permitted commercial uses to be operated on the site,” the decision said.
“Although the development application does not propose any changes to the golf course, the proposed subdivision divorces the nexus between the golf course and the commercial uses for proposed Block A.
“While the proposed lease for block A retains the recreational uses, removing the requirement for the recreational uses is deemed to contradict the intention of the PRZ2: Restricted Access Recreation Zone.”
The Community of Nicholls Residents Group, which has been fighting the proposal, welcomed the refusal.
“The fact that the subdivision has been refused means that necessarily all the other eight design and siting DAs … obviously can’t stand. So at this point in time, no development can take place given that subdivision is refused.”
Mr Samuels said GGI could not appeal the National Capital Authority’s decision but could lodge a Reconsideration changing the boundaries of the subdivision.
However, the Planning Authority did not go into other reasons for a refusal due to the primary one of not being consistent with the NCP.
“It’s quite smart on the part of the Planning Authority to circumvent any potential legal issues,” Mr Samuel said.
He said the residents group was not anti-development and had proposed an alternative project, but GGI believed there was not enough money to be made from it.
The DA attracted more than 300 representations.
GGI argues the development is required to keep the golf club viable.
It involves commercial accommodation for short and long-term rental in the form of townhouses and apartments from two to four storeys in height, with two to four bedrooms, as well as shops, communal amenities and a new access road from the existing roundabout on Curran Drive.
The proceeds are to be ploughed back into the golf course.
Comment was sought from GGI.