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Who isn’t objecting to the new Giralang Shops?

aidan 12 November 2010 17

Well Giralang residents, don’t get too excited about finally getting the shops mess sorted out. Objections have been lodged with the Administrative Appeals Tribunal. It might be marginally quicker to list who isn’t objecting to the new DA, but here goes

  • Cotrell Pty Ltd (Lease holder of shops in the Kaleen Village Centre).
  • Argos Pty Ltd (Lease holder of Gwydir Square (Kaleen) IGA Supermarket site)
  • Christopher and Anthony Haridemos (IGA Kaleen Supermarket
  • James Koundouris (Kaleen Supabarn)
  • Mr Andrew Warry and Mrs Lee Warry (residents of Kaleen)
  • Alex, Alise and Peter Vizardis (IGA Evatt)
  • Stephen Button (resident of Kaleen)
  • JHontell Collins (sic) (resident of Giralang)
  • Belinda Heycox (resident of Giralang)
  • Anthony Senti (resident of Kaleen)

All but the first applicant were lodged together by the same law firm.

For the most part I don’t disagree with the (commonly voiced) objection that the retail centre at Giralang should be the same size as it is currently. Unfortunately the Government failed to force the lease holder to either run shops or sell the site to someone who would, the end result of which has been that Woollies have are currently the only proposed tenant for the site.

We’ll have to wait a little longer to see if Giralang finally gets their shops back.


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17 Responses to Who isn’t objecting to the new Giralang Shops?
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sepi sepi 10:06 am 14 Nov 10

Yep. This one is another of the ACT govt’s all talk, no action stance on planning issues.

How does the lack of any shops at Giralang fit into the ‘walkability’ that Jon Stanhope is apparently promoting for Canberra?

The owner of these shops should be made an example of, and have the shops taken from him for a nominal fee, and handed over to someone who will run the site as local shops as intended.

I could say similar for downer shops – not sure what is happening there, but the current disintegrating buildings are just depressing.

screaming banshee screaming banshee 9:44 pm 13 Nov 10

All they have to do is come up with a reasonable LOCAL CENTRE proposal and there wouldn’t be anything to complain about.

Instead the lessee has dollar signs in his eyes.

The local residents are suffering at the hands of a greedy developer, whereas in reality the lessee should have been told years ago if he cant make it work within the planning guides then he can walk away and they would find someone who would.

It really is as simple as that, but for as long as they are trying to build a group centre at a local centre site, surrounding centres will have the right to complain.

bd84 bd84 6:12 pm 13 Nov 10

None of the objections are particularly compelling and the copy and paste submissions make them even less credible.

The planning system is supposed to be ridding the place of prohibitive developments of shops not wanting any of their competitors opening anywhere near them. It seems the IGAs and Supabarns think these rules should be selectively applied, where the big 3 can’t do it but they should be. More variety of supermarkets creates competition, restricting any chain from developing new stores does not.

Tear up the objections and get on with the building.

Jurls Jurls 10:42 pm 12 Nov 10

I’m also a Giralang resident and I’d like some shops as well. I don’t particularly care whether it’s woolies or an IGA, but I’d love to have something and I’d definitely like to see something done about the eyesore that is currently there. Right next to a primary school as well, it’s disgusting.

poppy poppy 8:07 pm 12 Nov 10

I am a Giralang resident of 10 years, and I am really hoping the shops will go ahead as planned. Fingers crossed.

Deano Deano 7:21 pm 12 Nov 10

“…will suffer material detriment by the approval of the application in that the use and
enjoyment of land it owns and occupies will be detrimentally affected and not because
the proposed development will or is likely to increase competition.”
Followed by something about how the loss of trade will cause them to go out of business.

Only a lawyer could say that with a straight face.

And how can Mr Button lodge an objection on the basis of it affecting a house he no longer lives in?

aidan aidan 3:01 pm 12 Nov 10

Whoops. Last one got cut off …

8. The approval of the proposed development is also contrary to the CZ1 Group Centres Core Zone and
Development Tables and the Group Centres Development Code, as it is very likely to cause the
Supabarn supermarket at the Kaleen group centre to become commercially unviable and this will have
a significant impact on my use and enjoyment of the Kaleen group centre as it is inevitable that the
range of goods currently available will contract in proportion to the loss of customers resulting in a loss
of shopping amenity for the remaining customers. This will result in a failure to:
a. provide consolidated major retail and service facilities with a diversity of shops;
b. provide a commercial and community focal centre with lively, vibrant character at the Kaleen
group centre;
c. provide a convenient, safe and accessible environment at the Kaleen group centre; and
d. protect the amenities of the Kaleen group centre,

9. The approval of the proposed development will have the effect of propelling the Giralang shopping
centre to the top of the retail hierarchy in my area, from a local centre to a group centre. The proposed
development is far too large for this area, is totally unnecessary for the level of local demand and is
inappropriate for a site designated as a local centre; one which is only intended to service the suburb of
Giralang and not the surrounding suburbs.

10. The application significantly understates the Gross Floor Area (GFA) of the proposed development
(and calculates GFA in a way that is not in accordance with the Territory Plan). This results in an
understatement of the traffic generation rate in the traffic assessment and hence an understatement of
traffic impacts associated with the proposed development.

11. 1 will be greatly disadvantaged if I am forced to shop at the proposed development due to the
deterioration in the Kaleen IGA and Kaleen Superbarn amenities caused by the approval of the
proposed development. If this development proceeds it will significantly impact on me as:
a. it will have inadequate parking and cause increased traffic generation and congestion and
traffic safety risks;
b. it is contrary to CZ4 Local Centres Zone Objectives and Development Tables and the Local
Centres Development Code, and it will also fail to:
i. provide a small scale development for convenience retailing to meet my daily needs at
the Giralang local centre;
ii. provide a commercial and community focal centre with a lively, vibrant character at the
Giralang local centre and it will not replace, in any way, the current Kaleen local centre;
iii. provide a safe and accessible environment at the Giralang local centre; and
iv. protect the local amenities of the Giralang local centre;
c. due to the large size of the proposed supermarket, there is limited scope for other uses and
specialty shops to be developed and this will inevitably result in a failure to provide an adequate
mix of uses and speciality shops to the Giralang community;
d. it fails to take into consideration the proposed development of the Lawson local
centrelsupermarket; one which will invariably be financially undermined in the short and long
term by the proposed development; and
e. it does not take into consideration the low growth in the population of the suburbs of Giralang
and Kaleen over the coming years relevant to the substantial increase in retailing outlets nor
does it consider the ageing of the population in the area which will be reflected in fewer dollars
spent per capita in the three centres.

12. The approval of the proposed development will have the effect of changing the position of Giralang in
the retail hierarchy from a local centre to a group centre. This is inconsistent with the retail and I commercial
policy underlying the Territory Plan. If the development goes ahead, the Kaleen and
Giralang communities will suffer immensely as instead of ending up with three vibrant, competitive and
financially viable shopping centres, providing a broad mix of services, it will end up with a dominant
group centre at Giralang and the possible demise of the Kaleen local and group centres. It is therefore
inappropriate to contemplate such a substantial policy change through thedevelopment control process as
this effectively removes the opportunity for members of the public to participate in important policy I development.

aidan aidan 3:00 pm 12 Nov 10

Frano said :

And on what grounds are they objecting?

You had to ask!

Cottrell Pty Ltd:

1. Contrary to the Notice of Decision, the proposed development is inconsistent with the relevant
provisions of the Local Centres Development Code, the Parking and Vehicular Access General Code
and the Territory Plan.

2. Contrary to the Notice of Decision, the Gross Floor Area of the proposed supermarket is not limited to
1,670 square metres and therefore the economic, parking and traffic impacts of the proposed
development have not been properly considered.

3. The applicant seeks orders that the decision under review be set aside and in its place a decision made
that DA201016972 be refused.

Argos Pty Ltd:

1. Argos Pty Limited (Argos) is the owner of the land consisting of the supermarket at Kaleen
local centre at Gwydir Square, Kaleen and has been for over 30 years. The tenant of this
land is a small IGA Supermarket who has been trading successfully at this location in some
form for the entire period. Argos strongly opposes the proposed development, and on 22Mar
2010, wrote to the ACT Planning and Land Authority formally objecting to the development.

2. Element 5.5 (criterion 33) of the Local Centres Development Code contained in Part 4.5 of
The Territory Plan expressly requires that a proposal to carry out development in a local
centre must have regard to any significant adverse economic impact on other commercially
viable local centres. The Kaleen centre at Gwydir Square and the Giralang centre are
identified as ‘local centres’ for the purposes of The Territory Plan. The approval of the
application is likely to have a significant adverse economic impact on the commercially
viability of the Kaleen local centre and is inconsistent with The Territory Plan (the objectives
for local centres, the definition of ‘local centre’ or retail hierarchy), the Local Centres
Development Code, the objectives of the ACT Supermarket Policy, the objectives of the CZ4
Local Centre zone and the National Capital Plan.

3. The Territory Plan is the ACTS primary planning document. It is the formal policy framework
for the administration of planning in the ACT. It also reflects the strategic directions set by
the government and the community. Integral to the commercial aspects of the plan is the
establishment of a formalised hierarchy of commerciallretail zoning throughout the
community (City, Town, Group and Local Centres). This hierarchy has served the ACT
community well for decades and in respect of our local suburban centres is widely accepted
as effectively and appropriately managing and balancing competing commercial investments
and developments, with nearby residential areas.

4. The approval of the proposed development will have the practical effect of changing the
position of the Giralang centre in the retail hierarchy from a local centre to a group centre.
This is because the scale of the proposed development is of a size that is appropriate for a
group centre rather than a local centre. This is inconsistent with the retail and commercial
policy and hierarchy underlying The Territory Plan. Any decision to make the Giralang
centre the equivalent of a group centre should be made by a variation of The Territory Plan.
It is inappropriate to contemplate such a substantial policy change through the development
control process as this effectively removes the opportunity for the Legislative Assembly and
members of the public to participate in important policy development.

5. Argos (as with all retailers and retail landlords in the ACT) relies on the consistent application
of the retail hierarchy established under The Territory Plan and the provisions of applicable
ACT Crown Leases to make investment decisions and conduct business operations. In its
operations at the Kaleen local centre, Argos is bound by the terms of its Crown Lease.
Argos is obliged to use the land the subject of the lease for the purposes authorised under
the Crown Lease and Kaleen IGA is obliged to use the land the subject of the sublease for
the purposes authorised under the Sublease. In particular:
a. The provisions of Argos’ Crown leases total 774.4 square metres of the Gross Floor
Area (GFA) of the land and requires that the land be used for the purposes of a
supermarket, the handling and storage of goods and staff amenities.
b. The provisions of the IGA Kaleen’s Sublease from Argos require that the land the
subject of the Sublease be used for a supermarket;

6. It is therefore not a matter of choice for Argos to require a supermarket to be operated at
Kaleen local centre, rather the supermarket required to be operated in fulfilment of an
obligation that the Territory has incorporated in the Crown Lease for the property. Should
IGA Kaleen and consequently Argos fail to honour this obligation or be unable to honour this
obligation and thereby cause a breach of the Crown Lease then action against Argos and
consequently against Kaleen IGA under the relevant provisions of the Planning and
Environment Act 2008 is likely to be taken by the ACT planning Authority.

7. The approval of the proposed development will result in the establishment of a major
commercial centre at Giralang in close proximity to Kaleen and is likely to lead to the
commercial deterioration of the Kaleen local centre to such an extent that:
a. Kaleen IGA will be unable to comply with its obligations under the terms of its
Sublease from Argos and the applicable Crown Lease. The approval of the proposed
development could result in a loss of trade for Kaleen IGA of up to at least 18.5 per
cent. Depending on the ultimate scale of impact on trade, Kaleen IGA may be forced
to close its supermarket, or reduce the scale of its operations by reducing either the
size of its supermarket or the lines it carries;
b. in the event that Kaleen IGA ceases operations, it will be very difficult for Argos to
secure a new tenant to operate a supermarket at Kaleen local centre and it will be very
likely that Argos will be unable to comply with its obligations under the terms of its
Crown lease and will be required to sell the land subject to significantly reduced
saleability; and
c. as the rent received by Argos from IGA Kaleen is linked to the turnover of the
supermarket, Argos will suffer significant financial loss as a result of the approval of
the supermarket of the size proposed at Giralang; and
d. the Kaleen local centre will be unable to perform its function as a vibrant group centre
at the heart of an appropriately sized catchment.

8. Argos has made its business decision to buy and expand land where possible to be used for
the purposes of a supermarket in the Kaleen local centre with the legitimate expectation that
any new supermarkets in the surrounding local centres will be of a size and scale
appropriate to those centres. It accepts that a supermarket is an appropriate development at
Giralang but not a supermarket of a size that would normally be found in a group centre.

9. The deterioration of the Kaleen local centre will:
a. have a serious detrimental impact on the use and enjoyment of the land comprising
the Kaleen local centre, including the land owned by Argos and occupied by Kaleen
IGA; and
b. make it a much less attractive centre for the local community with greater potential for
anti-social behaviour.
c. be highly prejudicial and possibly fatal to the capacity of Argos to comply with the
requirements of the Territory written into its Crown Lease and reflected in its Sub-
Lease to Kaleen IGA at the Kaleen local centre.

10. The approval of the proposed development is contrary to the CZ4 Local Centres Zone
Objectives and Development Tables and the Local Centres Development Code, as it is very
likely to cause the Kaleen IGA at the Kaleen local centre to become commercially unviable
(and possibly close down) and this will have a significant impact on the use and enjoyment of
the Kaleen local centre and, in particular, will result in a failure to:
a. provide convenience retailing to meet the daily needs of the local community at the
Kaleen local centre:
b. provide a commercial and community focal centre with lively, vibrant character at the
Kaleen local centre:
c. provide a safe and accessible environment at the Kaleen local centre; and
d. protect local amenity of the Kaleen local centre.

11. Argos will suffer material detriment by the approval of the development in that the use and
enjoyment of land it owns will be detrimentally affected and not because the proposed
development will or is likely to increase competition. In particular, Argos will suffer material
detriment as:
a. The likely extent of the impacts on Kaleen IGA has the potential to cause it to close or
significantly downsize its operations at Kaleen local centre. In either event the
consequential impacts on the local centre will have a substantial impact on the
amenity of the Kaleen local centre. In the event that Kaleen IGA ceases operations
and terminates its lease, it will be very difficult for Argos to secure a new tenant to
operate a supermarket at Kaleen local centre and it will be very likely that Argos will be
unable to comply with its obligations under the terms of its Crown lease and will be
required to sell the land subject to significantly reduced saleability; and
b. It has made business and investment decisions in buying the land the subject of the
Kaleen IGA in the expectation that the retail hierarchy under the Territory Plan will be
consistently applied and that any substantial policy changes would be undertaken as a
variation to the Territory Plan enabling full and proper public consultation.

12. The application significantly understates the Gross Floor Area (GFA) of the proposed
development (and calculates GFA in a way that is not in accordance with The Territory Plan
definition). This results in an understatement of the traffic generation rate in the traffic
assessment and hence an understatement of traffic and economic impacts associated with
the proposed development.

13. The approval of the proposed development is contrary to the CZ4 Local Centres Zone
Objectives and Development Tables and the Local Centres Development Code as the
proposed development will not:
a. provide convenience retailing to meet daily shopping needs of the local community at
the Giralang local centre;
b. provide a commercial and community focal centre with lively, vibrant character at the
Giralang local centre;
c. provide a safe and accessible environment at the Giralang local centre; and
d. protect local amenity of the Giralang local centre

14. Due to the large and inappropriate size of the proposed supermarket, there is limited scope
for other uses and specialty shops to be developed and this will inevitably result in a failure
to provide an adequate mix of uses and speciality shops to the Giralang community.

15. The development does not comply with the requirements of the Territory Plan and is not
appropriate development for the site.

Christopher and Anthony Haridemos (IGA Kaleen Supermarket

1. Christopher Haridemos and Anthony Haridemos trading as IGA Kaleen Supermarket
(Kaleen IGA) operate at the Kaleen local centre at Gwydir Square, Kaleen pursuant to a
sublease from Argos Pty Limited (Argos). Kaleen IGA strongly opposes the proposed
development, and on 9 March 2010 wrote to the ACT Planning and Land Authority formally
objecting to the development.

2. Element 5.5 (criterion 33) of the Local Centres Development Code contained in Part 4.5 of
The Territory Plan expressly requires that a proposal to carry out development in a local
centre must have regard to any significant adverse economic impact on other commercially
viable local centres. The Kaleen centre at Gwydir Square and the Giralang centre are
identified as ‘local centres’ for the purposes of The Territory Plan. The approval of the
application is likely to have a significant adverse economic impact on both the commercially
viable Kaleen local centre and also the Kaleen group centre and is inconsistent with The
Territory Plan (the objectives for local centres, the definition of ‘local centre’ or retail
hierarchy), the Local Centres Development Code, the objectives of the supermarket
Policy the objectives of the CZ4 Local Centre zone and the National Capital Plan.

3. The Territory Plan is the ACT’S primary planning document. It is the formal policy framework
for the administration of planning in the ACT. It also reflects the strategic directions set by
the government and the community. Integral to the commercial aspects of the plan is the
establishment of a formalised hierarchy of commerciallretail zoning throughout the
community (City, Town, Group and Local Centres). This hierarchy has served the ACT
communitv well for decades and in resoect of our local suburban centres is widelv acceded
as effectively and appropriately managihg and balancing competing commercial investments
and developments, and their relationship with nearby residential areas.

4. The approval of the proposed development will have the practical effect of changing the
position of the Giralang centre in the retail hierarchy from a local centre to a group centre.
This is because the scale of the proposed development is of a size that is appropriate for a
group centre rather than a local centre. This is inconsistent with the retail and commercial
policy and hierarchy underlying The Territory Plan. Any decision to make the Giralang
centre the equivalent to a group centre should be made by a variation of The Territory Plan.
It is inappropriate to contemplate such a substantial policy change through the developmenl
control process as this effectively removes the opportunity for members of the public to
participate in important policy development.

5. Kaleen IGA (as with all retailers in the ACT) relies on the consistent application of the retail
hierarchy established under The Territory Plan and the provisions of applicable ACT Crown
Leases to make investment decisions and conduct business operations. In its operations al
the Kaleen local centre, Kaleen IGA is bound by the terms of its Sublease from Argos anc
the terms of Argos’ Crown Lease. Kaleen IGA is obliged to use the land the subject of the
supermarket for the purposes authorised under the Crown Lease and Sublease. Ir
particular:
a. The provisions of Argos’ Crown leases total 774.4 square metres of the Gross Floo~
Area (GFA) of the land and requires that the land be used for the purposes of 2
supermarket, the handling and storage of goods and staff amenities; and
b. The provisions of the Sublease from Argos require that Kaleen IGA must only use the
land the subject of the Sublease for the purposes of a supermarket.

6. The approval of the proposed development will result in the establishment of a major
commercial centre at Giralang in close proximity to Kaleen and is likelv to lead to the
commercial deterioration of the Kaleen local centre such an extent that:
a. Kaleen IGA will be unable to comply with its obliaalions under the terms of its
Sublease from Argos and the applicable Crown lease;; The approval of the proposed
development is likely to result in a substantial loss of trade for Kaleen IGA. Depending
on the ultimate scale of that loss, Kaleen IGA may be forced to close its supermarket,
or reduce the scale of its operations by reducing either the size of its supermarket or
the lines it carries.
b. in the event that Kaleen IGA ceases operations, it will be very difficult for Argos to
secure a new tenant to operate a supermarket at the Kaleen local centre and Argos
will be unable to comply with its obligations under the terms of its Crown lease; and
c. the Kaleen local centre will be unable to perform its function as a vibrant group centre
at the heart of an appropriately sized catchment.

7. Kaleen IGA has made its business decisions to establish a supermarket in the Kaleen local
centre with the legitimate expectation that any new supermarkets in the surrounding local
centres will be of a size and scale appropriate to those centres. It accepts that a
supermarket is an appropriate development at Giralang but not a supermarket of a size that
would normally be found in a group centre.

8. The deterioration of the Kaleen local centre will:
a. have a serious detrimental impact on the use and enjoyment of the land comprising
the Kaleen local centre, including the land occupied by Kaleen IGA; and
b. make it a much less attractive centre for the local community with greater potential for
anti-social behaviour.

9. The approval of the proposed development is contrary to the CZ4 Local Centres Zone
Objectives and Development Tables and the Local Centres Development Code, as it is very
likely to cause the Kaleen IGA at the Kaleen local centre to become commercially unviable
(and possibly close down) and this will have a significant impact on the use and enjoyment of
the Kaleen local centre and, in particular, will result in a failure to:
a. provide convenience retailing to meet the daily needs of the local community at the
Kaleen local centre;
b. provide a commercial and community focal centre with lively, vibrant character at the
Kaleenlocal centre;
c. provide a safe and accessible environment at the Kaleen local centre; and
d. protect local amenity of the Kaleen local centre.

10. Kaleen IGA will suffer material detriment by the approval of the development in that the use
and enjoyment of land it occupies will be detrimentally affected and &noot because the
proposed development will or is likely to increase competition. In particular, Kaleen IGA will
suffer material detriment as:
a. The likely extent of the impacts on Kaleen IGA has the potential to cause it to close or
significantly downsize its operations at Kaleen. In either event the consequential
impacts on the local centre will have a substantial impact on the amenity of the Kaleen
local centre; and
b. It has made business and investment decisions in the expectation that the retail
hierarchy under the Territory Plan will be consistently applied and that any substantial
policy changes would be undertaken as a variation to the Territory Plan enabling full
and proper public consultation.

11. The application significantly understates the Gross Floor Area (GFA) of the proposed
development (and calculates GFA in a way that is not in accordance with The Territory Plan
definition). This results in an understatement of the traffic generation rate in the traffic
assessment and hence an understatement of the traffic and economic impacts associated
with the proposed development.

12. The approval of the proposed development is contrary to the CZ4 Local Centres Zone
Objectives and Development Tables and the Local Centres Development Code as the
proposed development will not:
a. provide convenience retailing to meet daily shopping needs of the local community at
the Giralang local centre;
b. provide a commercial and community focal centre with lively, vibrant character at the
Giralang local centre:
c. provide a safe and accessible environment at the Giralang local centre; and
d. protect local amenity of the Giralang local centre.

13. Due to the large and inappropriate size of the proposed supermarket, there is limited scope
for other uses and specialty shops to be developed and this will inevitably result in a failure
to provide an adequate mix of uses and speciality shops to the Giralang community.

14. The proposed development does not comply with the requirements of the Territory Plan and
is not an appropriate development for the site.

James Koundouris (Kaleen Supabarn)

1. Kaleen Supabarn Supermarket is located at Kaleen group centre at 1 Maribyrnong Ave
Kaleen Plaza. Supabarn Supermarket strongly opposes the proposed development and on
behalf of Supabarn Supermarket, the following submissions were made to the ACT Planning
and Land Authority formally objecting to the development:
a. Letter dated 29 March 2010 from CBRE;
b. Letter dated 27 March 2010 from Purdon Planning and Sustainable Futures:;
c. Letter dated 29 March 2010 from Don Fox Planning;
d. Letter dated 26 March 2010 from GTA Consultants

2. Element 5.5 (criterion 33) of the Local Centres Development Code contained in Part 4.5 of
The Territory Plan expressly requires that a proposal to carry out development in a local
centre must have regard to any significant adverse economic impact on other commercially
viable local centres. Giralang is identified as a ‘local centre’ for the purposes of The Territory
Plan. The approval of the application is likely to have a significant adverse economic impact
on the commercially viable group centre of Kaleen and is inconsistent with The Territory Plan
(the objectives for local centres, the definition of ‘local centre’ or retail hierarchy), the Local
Centres Development Code, the objectives of the ACT Supermarket Policy, the objectives of
the CZ4 Local Centre zone and the National Capital Plan.

3. The Territory Plan is the ACT’S primary planning document. It is the formal policy framework
for the administration of planning in the ACT. It also reflects the strategic directions set by
the government and the community. Integral to the commercial aspects of the plan is the
establishment of a formalised hierarchy of comrnerciallretail zoning throughout the
community (City, Town, Group and Local Centres). This hierarchy has served the ACT
community well for decades and in respect of our local suburban centres is widely accepted
as effectively and appropriately managing and balancing competing commercial investments
and developments, with nearby residential areas.

4.The approval of the proposed development will have the practical effect of changing the
position of Giralang in the retail hierarchy from a local centre to a group centre. This is
because the scale of the proposed development is of a size that is appropriate for a group
centre rather than a local centre. This is inconsistent with the retail and commercial policy
and hierarchy underlying The Territory Plan. Any decision to make the Giralang centre the
equivalent of a group centre should be made by a variation of The Territory Plan. It is
inappropriate to contemplate such a substantial policy change through the development
control process as this effectively removes the opportunity for members of the public to
participate in important policy development.

5. Supabarn Supermarket (as with all retailers in the ACT) relies on the consistent application
of the retail hierarchy established under The Territory Plan and the provisions of applicable
ACT Crown Leases to make investment decisions and conduct business operations. In its
operations at the Kaleen group centre, Supabarn Supermarket is bound by the terms of its
Sublease from Cotrell Pty Ltd (Cotrell) and the terms of Cotrell’s Crown Lease. Supabarn is
obliged to use the land the subject of the supermarket for the purposes authorised under the
Crown Lease and Sublease. In particular:
a. The provisions of the Crown lease for the Kaleen group centre to Cotrell require that
not less than 1500 square metres of the Gross Floor Area (GFA) of the land the
subject of the lease be used for a supermarket; and
b. The provisions of the Sublease from Cotrell require that Supabarn Supermarket must
only use the land the subject of the Sublease for the purposes of the permitted use,
being a supermarket and ancillary uses.

6. The approval of the proposed development will result in the establishment of a major
commercial centre at Giralang in close proximity to Kaleen and is likely to lead to the
commercial deterioration of the Kaleen group centre to such an extent that:
a. Supabarn will be unable to comply with its obligations under the terms of its Sublease
from Cotrell and the applicable Crown Lease;
b. the Kaleen group centre will be unable to perform its function as a vibrant group centre
at the heart of an appropriately sized catchment.

7. Supabarn has made its business decisions to establish a supermarket in the Kaleen Group
Centre with the legitimate expectation that any new supermarkets in the surrounding local
centres will be of a size and scale appropriate to those centres. It accepts that a
supermarket is an appropriate development at Giralang but not a supermarket of a size that
would normally be found in a Group Centre.

8. The approval of the proposed development is likely to result in a loss of trade for Supabarn
of as much as 55 per cent. Depending on the ultimate scale of impact on trade Supabarn
may be forced to close its supermarket at Kaleen, or reduce the scale of its operations by
reducing either the size of its supermarket or the lines it carries.

9. The decline in retailing at Kaleen and the associated increase at Giralang would split the
group centre functions between two centres – community activities at Kaleen and retailing at
Giralang. The functionality of the Kaleen group centre would be substantially eroded,
resulting in a loss of efficiency and amenity.

10. The deterioration of the Kaleen group centre will:
a. have a serious detrimental impact on the use and enjoyment of the land comprising
the Kaleen group centre, including the land occupied by Supabarn Supermarket, and
b. make it a much less attractive centre for the local community with greater potential for
anti-social behaviour.

11. The approval of the proposed development is also contrary to the CZ1 Core Zone Objective
and Development Tables and the Group Centres Development Code, as it is very likely to
cause the Supabarn supermarket at the Kaleen group centre to become commercially
unviable and this will have a significant impact on the use and enjoyment of the Kaleen
group centre as it is inevitable that the range of goods currently available will contract in
proportion to the loss of customers resulting in a loss of shopping amenity for the remaining
customers. This will result in a failure to:
a. provide consolidated major retail and service facilities with a diversity of shops;
b. provide a commercial and community focal centre with lively, vibrant character at the
Kaleen group centre;
c. provide a convenient,. safe and accessible environment at the Kaleen group centre;
and
d. protect the amenities of the Kaleen group centre.

12. Supabarn will suffer material detriment by the approval of the application in that the use and
enjoyment of land it occupies will be detrimentally affected and not because the
proposed development will or is likely to increase competition. The likely extent of the
impacts on Supabarn has the potential to cause it to close or significantly downsize its
operations at Kaleen. In either event the consequential impacts on the Group Centre will
have a substantial impact on the amenity of the Kaleen Group Centre. In addition, Supabarn
will suffer material detriment as it has made business and investment decisions in the
expectation that the retail hierarchy under the Territory Plan will be consistently applied and
that any substantial policy changes would be undertaken as a variation to the Territory Plan
enabling full and proper public consultation.

13. The application significantly understates the Gross Floor Area (GFA) of the proposed
development (and calculates GFA in a way that is not in accordance with The Territory Plan
definition). This results in an understatement of the traffic generation rate in the traffic
assessment and hence an understatement of the traffic and economic impacts associated
with the proposed development.

14. The approval of the proposed development is contrary to the CZ4 Local Centres Zone
Objectives and Development Tables and the Local Centres Development Code as the
proposed development will not:
a. provide convenience retailing to meet daily shopping needs of the local community at
the Kaleen local centre;
b. provide a commercial and community focal centre with lively, vibrant character at the
Kaleen local centre;
c. provide a safe and accessible environment at the Kaleen local centre; and
d. protect local amenity of the Kaleen local centre.

15. Due to the large and inappropriate size of the proposed supermarket, there is limited scope
for other uses and specialty shops to be developed and this will inevitably result in a failure
to provide an adequate mix of uses and speciality shops to the Giralang community.

16. The development does not comply with the requirements of the Territory Plan and is not an
appropriate development for the site.

Mr Andrew Warry and Mrs Lee Warry (residents of Kaleen)

1. We live at _____________, Kaleen. We strongly oppose the proposed development and wrote to
the ACT Planning and Land Authority to formally object to the proposed development as follows:
a. on 17 March 2010, Mrs Lee Warry;
b. on 19 March 2010 – Mr Andrew Warry
Copies of our letters of objection are attached

2. We would like to see the redevelopment of the Giralang local centre at a scale appropriate to a local
centre not the development of a supermarket of a size more appropriate to a group centre like Kaleen
that will attract customers from well beyond Giralang with the resultant increase in traffic and parking
congestion that will inevitably entail.

3. We regularly shop at:
a. the IGA supermarket at Kaleen local centre to meet our daily top up needs as well as fresh fruit
and vegetable shopping and enjoy the amenity provided by the convenience of shopping in a
small commercial and community centre which is easily accessible by walking from our house
and safe and without the car parking and traffic congestion associated with shopping in larger
centres. We would like to see the redevelopment of the Giralang local centre at a scale
appropriate to the centre to remove the existing derelict site so that the residents of Giralang
can also enjoy the amenity of their local centre; and
b. Superbarn supermarket at the Kaleen group centre for our regular larger shop usually on a
weekly or bi-weekly basis and enjoy the amenity provided by the Kaleen group centre for this
shopping given the larger size of the centre, the wider choice of goods, the diverse range of
shops within the centre, and the accessibility of the centre, including adequate carparking
facilities.

4. The approval of the proposed development will result in the establishment of a major commercial centre
at Giralang in close proximity to Kaleen and is likely to lead to the commercial deterioration of the
Kaleen local centre and group centre to such an extent that they will be unable to perform their function
as a vibrant local and group centres. This will have a serious detrimental impact on the amenity we
currently enjoy in being able to shop at these centres.

5. The deterioration of the Kaleen local and group centres will make them much less attractive centres for
the local Kaleen community, and in the case of the group centre, the broader community, with greater
potential for anti-social behaviour.

6. The approval of the proposed development is contrary to the CZ4 Local Centres Zone Objectives and
Development Tables and the Local Centres Development Code, as it is very likely to cause the Kaleen
IGA at the Kaleen local centre to become commercially unviable (and possibly close down) and this will
have a significant impact on my use and enjoyment of the Kaleen local centre and, in particular, will
result in a failure to:
a. provide convenience retailing to meet my daily needs at the Kaleen local centre;
b. provide a commercial and community focal centre with lively, vibrant character at the Kaleen
local centre;
c. provide a safe and accessible environment at the Kaleen local centre; and
d. protect local amenity of the Kaleen local centre.

7. The approval of the proposed development is also contrary to the CZ1 Group Centres Core Zone and
Development Tables and the Group Centres Development Code, as it is very likely to cause the
Superbarn supermarket at the Kaleen group centre to become commercially unviable and this will have
a significant impact on my use and enjoyment of the Kaleen group centre as it is inevitable that the
range of goods currently available will contract in proportion to the loss of customers resulting in a loss
of shopping amenity for the remaining customers. This will result in a failure to:
a. provide consolidated major retail and service facilities with a diversity of shops;
b. provide a commercial and community focal centre with lively, vibrant character at the Kaleen
local centre;
c. provide a convenient, safe and accessible environment at the Kaleen group centre; and
d. protect local amenity of the Kaleen group centre

8. The approval of the proposed development will have the effect of changing the position of Giralang in
the retail hierarchy from a local centre to a group centre. The proposed development is too big,
unnecessary for the local demand and inappropriate for the site, being a local centre, which is intended
to service the suburb of Giralang and not the surrounding suburbs.

9. The application significantly understates the Gross Floor Area (GFA) of the proposed development
(and calculates GFA in a way that is not in accordance with the Territory Plan). This results in an
understatement of the trafficgeneration rate in the traffic assessment and hence an understatement of
traffic impacts associated with the proposed development.

10. We will suffer serious detriment if we are forced to shop at the proposed development due to the
deterioration of the Kaleen IGA and Kaleen Superbarn caused by the approval of the development.
The proposed development will cause me significant detriment as:
a. it will have inadequate parking and cause increased traffic generation and congestion and
traffic safety risks; and
b. contrary to CZ4 Local Centres Zone Objectives and Development Tables and the Local
Centres Development Code, it will also fail to:
i. provide small scale development for convenience retailing to meet my daily needs at
the Giralang local centre;
ii. provide a commercial and community focal centre with lively, vibrant character at the
Giralang local centre;
iii. provide a safe and accessible environment at the Giralang local centre; and
iv. protect local amenity of the Giralang local centre;
c. due to the large size of the proposed supermarket, there is limited scope for other uses and
specialty shops to be developed and this will inevitably result in a failure to provide an adequate
mix of uses and speciality shops.

11. The approval of the proposed development will have the effect of changing the position of Giralang in
the retail hierarchy from a local centre to a group centre. This is inconsistent with the retail and
commercial policy underlying the Territory Plan. It is inappropriate to contemplate such a substantial
policy change through the development control process as this effectively removes the opportunity for
members of the public to participate in important policy development.

Alex, Alise and Peter Vizardis (IGA Evatt)

1. Alex Vizardis, Alise Vizardis and Peter Vizardis trading as IGA Evatt Supermarket (Evatt
IGA) own and operate at the Evatt local centre at Heydon Place, Evatt. Evatt IGA strongly
opposes the proposed development, and wrote to the ACT Planning and Land Authority
formally objecting to the development.

2. Element 5.5 (criterion 33) of the Local Centres Development Code contained in Part 4.5 of
The Territory Plan expressly requires that a proposal to carry out development in a local
centre must have regard to any significant adverse economic impact on other commercially
viable local centres. The Evatt centre at Heydon Place and the Giralang centre are identified
as ‘local centres’ for the purposes of The Territory Plan. The approval of the application is
likely to have a significant adverse economic impact on the commercially viable Evatt local
centre and is inconsistent with The Territory Plan (the objectives for local centres, the
definition of ‘local centre’ or retail hierarchy), the Local Centres Development Code, the
objectives of the ACT Supermarket Policy the objectives of the CZ4 Local Centre zone and
the National Capital Plan.

3. The Territory Plan is the ACT’S primary planning document. It is the formal policy framework
for the administration of planning in the ACT. It also reflects the strategic directions set by
the government and the community. Integral to the commercial aspects of the plan is the
establishment of a formalised hierarchy of commerciallretail zoning throughout the
community (City, Town, Group and Local Centres). This hierarchy has served the ACT
community well for decades and in respect of our local suburban centres is widely accepted
as effectively and appropriately managing and balancing competing commercial investments
and developments, and their relationship with nearby residential areas.

4. The approval of the proposed development will have the practical effect of changing the
position of the Giralang centre in the retail hierarchy from a local centre to a group centre.
This is because the scale of the proposed development is of a size that is appropriate for a
group centre rather than a local centre. This is inconsistent with the retail and commercial
policy and hierarchy underlying The Territory Plan. Any decision to make the Giralang
centre the equivalent of a group centre should be made by a variation of The Territory Plan.
It is inappropriate to contemplate such a substantial policy change through the development
control process as this effectively removes the opportunity for members of the public to
participate in important policy development.

5. Evatt IGA (as with all retailers and retail landlords in the ACT) relies on the consistent
application of the retail hierarchy established under The Territory Plan and the provisions of
applicable ACT Crown Leases to make investment decisions and conduct business
operations. In its ownership and operations at the Evatt local centre, Evatt IGA is bound by
the terms of its ACT Crown Lease. Evatt IGA is obliged to use the land the subject of the
lease for the purposes authorised under its Crown Lease, being for the purposes of a
supermarket.

6. The approval of the proposed development will result in the establishment of a major
commercial centre at Giralang in close proximity to Evatt and is likely to lead to the
commercial deterioration of the Evatt local centre to such an extent that:
a. Evatt IGA will be unable to comply with its obligations under the terms of the
applicable ACT Crown Lease. The approval of the proposed development is likely to
result in a substantial loss of trade for Evatt IGA. Depending on the ultimate scale of
that loss, Evatt IGA may be forced to close its supermarket, or reduce the scale of its
operations by reducing either the size of its supermarket or the lines it carries; and
b. the Evatt local centre will be unable to perform its function as a vibrant group centre at
the heart of an appropriately sized catchment.

7. Evatt IGA has made its business decisions to buy the land and establish a supermarket in
the Evatt local centre with the legitimate expectation that any new supermarkets in the
surrounding local centres will be of a size and scale appropriate to those centres. It accepts
that a supermarket is an appropriate development at Giralang but not a supermarket of a
size that would normally be found in a group centre.

8. The deterioration of the Evatt local centre will:
a. have a serious detrimental impact on the use and enjoyment of the land comprising
the Evatt local centre, including the land occupied by Evatt IGA; and
b. make it a much less attractive centre for the local community with greater potential for
anti-social behaviour.

9. Evatt IGA will suffer material detriment by the approval of the application in that the use and
enjoyment of land it owns and occupies will be detrimentally affected and &noot because
the proposed development will or is likely to increase competition. In particular, Evatt IGA
will suffer material detriment as:
a. The likely extent of the impacts on Evatt IGA has the potential to cause it to
significantly downsize its operations at Evatt or close its operations;
b. In either event, the value of both the supermarket business and the land owned by the
Evatt IGA is likely to be significantly reduced;
c. The closing or downsizing of the Evatt IGA will also have a substantial impact on the
amenity of the Evatt local centre currently enjoyed both by Evatt IGA and the wider
community.
d. Evatt IGA has made business and investment decisions in buying the land and
operating the supermarket at the Evatt local centre in the expectation that the retail
hierarchy under the Territory Plan will be consistently applied and that any substantial
policy changes would be undertaken as a variation to the Territory Plan enabling full
and proper public consultation

10. The application significantly understates the Gross Floor Area (GFA) of the proposed
develo~ment( and calculates GFA in a wav that is not in accordance with The Territory Plan
definition). his results in an understatement of the traffic generation rate in thetraffic
assessment and hence an understatement of traffic and economic impacts associated with
the proposed development.

11. The approval of the proposed development is contrary to the CZ4 Local Centres Zone
Objectives and Development Tables and the Local Centres Development Code as the
proposed development will not:
a. provide convenience retailing to meet daily shopping needs of the local community at
the Giralang local centre;
b. provide a commercial and community focal centre with lively, vibrant character at the
Giralang local centre;
c. provide a safe and accessible environment at the Giralang local centre; and
d. protect local amenity of the Giralang local centre.

12. Due to the large and inappropriate size of the proposed supermarket, there is limited scope
for other uses and specialty shops to be developed and this will inevitably result in a failure
to provide an adequate mix of uses and speciality shops to the Giralang community.

13. The proposed development does not comply with the requirements of the Territory Plan and
is not an appropriate development for the site.

Stephen Button

1. I live at ___________, Kaleen (New Home). In early October 2010, I moved to my New Home
from __ Chuculba Crescent, Kaleen (sic) (Former Home).

2. As a resident of Kaleen and a former resident of Giralang, I strongly oppose the proposed development
and, on 25 March 2010, as a resident of Giralang, I wrote to the ACT Planning and Land Authority to
formally object to the proposed development. A copy of my letter of objection is attached.

3. I am currently one of the managers of a large Coles supermarket in Jamison group centre and formerly
worked as the manager of the Superbarn supermarket at Kaleen group centre, which is very similar in
size to the proposed supermarket. As I have experience in the management of large supermarkets, I
am very well aware of the impacts of these supermarkets on the amenity of their surrounding suburbs.

4. The potential approval of the development led me to decide to move house due to the significant
detrimental impacts the proposed development will have on the use and enjoyment of my Former
Home in Giralang.

5. The proposed development will have a range of very serious and unacceptable impacts on:
a. the use and enjoyment of my Former Home in Giralang and my New Home in Giralang;
b. my enjoyment of the amenity of the suburb of Giralang; and
c. my use and enjoyment of the Giralang local centre and Kaleen group centre.

6. This is primarily because the size of the proposed development is too big, unnecessary for the local
demand and inappropriate for the site, being a local centre, which is intended to service the suburb of
Giralang and not the surrounding suburbs. The proposed development is not consistent with the
Territory Plan (the objectives for local centres, the definition of ‘local centre’ or retail hierarchy), Local
Centres Development Code, the objectives of the ACT Supermarket Policy the objectives of the CZ4
Local Centre zone and the National Capital Plan.

7. The application significantly understates the Gross Floor Area (GFA) of the proposed development
(and calculates GFA in a way that is not in accordance with the Territory Plan). This results in an
understatement of the traffic generation rate in the traffic assessment and hence an understatement of
traffic impacts associated with the proposed development.

Impacts on my Former Home

8. Due to its size, the proposed development will have significant and excessive impacts on the use and
enjoyment of my Former Home and the local road network which used on a daily basis. As I lived on
Chulculba Crescent in very close proximity to the Giralang local centre, these impacts would have been
particularly detrimental to me. In particular, the proposed development will:
a. generate an unacceptable level and type of traffic in the suburb, particularly on Canopus and
Chulculba Crescents, including large semi trailers supplying the supermarket and increased
traffic created by customers to the supermarket. This is especially as concerning as I lived on
Chulculba Crescent and these streets are main thoroughfares through Giralang which I used on
a daily basis;
b. pose unacceptable safety risks to residents and particularly school children. In particular, large
semi trailers reversing into loading docks directly adjacent to local preschool and primary
schools, will present a real and present safety risk to small children on their way to and from
school; and
c. create traffic congestion and safety hazards as the proposed development does not provide
adequate car parking and customers of the supermarket will be forced to park on the roads in
the residential areas close to the supermarket. These impacts will be particularly detriment on
when the sports fields near the primary school are used for soccer and Australian Football as
there is already insufficient parking and the development will exacerbate this problem.

9. Contrary to CZ4 Local Centres Zone Objectives and Development Tables and the Local Centres
Development Code, the proposed development will also fail to:
a. provide small scale development for convenience retailing to meet my daily needs;
b. provide a commercial and community focal centre with lively, vibrant character;
c. provide a safe and accessible environment; and
d. protect the local amenity of the site and the suburb

10. The size of the proposed supermarket is so large that there is limited scope for other uses and specialty
shops to be developed and this will inevitably result in a failure to provide an adequate mix of uses and
speciality shops. This is directly inconsistent with the Local Centres Development Code.

11. The above reasons led me to decide to move from my Former Home to my New Home

Impacts on my New Home

12. Now as a resident of Kaleen, I regularly shop at the Superbarn supermarket at the Kaleen group centre
for my regular larger shop usually on a weekly or bi-weekly basis and enjoy the amenity provided by the
Kateen group centre for this shopping given the larger size of the centre, the wider choice of goods, the
diverse range of shops within the centre, and the accessibility of the centre, including adequate
carparking facilities.

13. The approval of the proposed development will result in the establishment of a major commercial centre
at Giralang in close proximity to Kaleen and is likely to lead to the commercial deterioration of the
Kaleen group centre to such an extent that it will be unable to perform its function as a vibrant group
centre. This will have a serious detrimental impact on the amenity I currently enjoy in being able to
shop at this centre.

14. The deterioration of the Kaleen group centre will make it a much less attractive centre for the local
Kaleen community and the broader community, with greater potential for anti-social behaviour.

15. The approval of the proposed development is also contrary to the CZ1 Group Centres Core Zone and
Development Tables and the Group Centres Development Code, as it is very likely to cause the
Superbarn supermarket at the Kaleen group centre to become commercially unviable and this will have
a significant impact on my use and enjoyment of the Kaleen group centre as it is inevitable that the
range of goods currently available will contract in proportion to the loss of customers – resulting in a loss
of shopping amenity for the remaining customers. This will result in a failure to:
a. provide consolidated major retail and service facilities with a diversity of shops;
b. provide a commercial and community focal centre with lively, vibrant character at the Kaleen
local centre;
c. provide a convenient, safe and accessible environment at the Kaleen group centre; and
d. protect local amenity of the Kaleen group centre.

16. I will suffer serious detriment if I am forced to shop at the proposed development due to the
deterioration of the Kaleen Superbarn caused by the approval of the development. The proposed
development will cause me significant detriment as:
a. it will have inadequate parking and cause increased traffic generation and congestion and
traffic safety risks; and
b. contrary to CZ4 Local Centres Zone Objectives and Development Tables and the Local
Centres Development Code, it will also fail to:
i. provide small scale development for convenience retailing to meet my daily needs at
the Giralang local centre;
ii. provide a commercial and community focal centre with lively, vibrant character at the
Giralang local centre;
iii. provide a safe and accessible environment at the Giralang local centre; and
iv. protect local amenity of the Giralang local centre;
c. due to the large size of the proposed supermarket, there is limited scope for other uses and
specialty shops to be developed and this will inevitably result in a failure to provide an adequate
mix of uses and speciality shops.

17. I would like to see the redevelopment of the Giralang local centre at a scale appropriate to a local
centre not the development of a supermarket of a size more appropriate to a group centre like Kaleen
that will attract customers from well beyond Giralang with the resultant increase in traffic and parking
congestion that will inevitably entail.

18. The approval of the proposed development will have the effect of changing the position of Giralang in
the retail hierarchy from a local centre to a group centre. This is inconsistent with the retail and
commercial policy underlying the Territory Plan. It is inappropriate to contemplate such a substantial
policy change through the development control process as this effectively removes the opportunity for
members of the public to participate in important policy development.

19. The proposed development does not comply with the Territory Plan and is not an appropriate
development for the site.

JHontell Collins (sic) (resident of Giralang)

1. I live at _____________, Giralang. As a resident of Giralang. I strongly oppose the proposed
development and, on 18 March 2010, 1 wrote to the ACT Planning and Land Authority to formally object
to the proposed development. A copy of my letter of objection is attached.

2. The proposed development will have a range of very serious and unacceptable impacts on:
a. the use and enjoyment of my home in Giralang;
b. my enjoyment of the amenity of the suburb of Giralang; and
c. my use and enjoyment of the Giralang local centre

3. This is primarily because the size of the proposed development is too big, unnecessary for the local
demand and inappropriate for the site, being a local centre, which is intended to service the suburb of
Giralang and not the surrounding suburbs. The proposed development is not consistent with the
Territory Plan (the objectives for local centres, the definition of ‘local centre’ or retail hierarchy), the
Local Centres Development Code, the objectives of the ACT Supermarket Policy or the objectives of
the CZ4 Local Centre zone.

4. The application significantly understates the Gross Floor Area (GFA) of the proposed development
(and calculates GFA in a way that is not in accordance with the Territory Plan). This results in an
understatement of the traffic generation rate in the traffic assessment and hence an understatement of
traffic impacts associated with the proposed development.

5. Due to its size, the proposed development will have significant and excessive impacts on the use and
enjoyment of my home and the local road network which I use on a daily basis. In particular, the
proposed development will:
a. generate an unacceptable level and type of traffic in the suburb, particularly on Canopus and
Chulculba Crescents, including large semi trailers supplying the supermarket and increased
traffic created by customers to the supermarket. These streets are main thoroughfares through
Giralang which I use on a daily basis. As I live on Chulculba Crescent, I am especially
concerned about these impacts on my use and enjoyment of my house, particularly the
associated noise and safety impacts;
b. pose unacceptable safety risks to residents and particularly school children. In particular, large
semi trailers reversing into loading docks directly adjacent to local preschool and primary
schools, will present a real and present safety risk to small children on their way to and from
school; and
c. create traffic congestion and safety hazards as the proposed development does not provide
adequate car parking and customers of the supermarket will be forced to park on the roads in
the residential areas close to the supermarket.

6. Contrary to CZ4 Local Centres Zone Objectives and Development Tables and the Local Centres
Development Code, the proposed development will also fail to:
a. provide small scale development for convenience retailing to meet my daily needs;
b. provide a commercial and community focal centre with lively, vibrant character;
c. provide a safe and accessible environment; and
d. protect the local amenity of the site and the suburb,

7. The size of the proposed supermarket is so large that there is limited scope for other uses and special!!
shops to be developed and this will inevitably result in a failure to provide an adequate mix of uses and
speciality shops. This is directly inconsistent with the Local Centres Development Code.

8. I would like to see the redevelopment of the Giralang local centre at a scale appropriate to a local
centre not the development of a supermarket of a size more appropriate to a Group Centre like Kaleen
that will attract customers from well beyond Giralang with the resultant increase in traffic and parking
congestion that will inevitably entail.

9. The approval of the proposed development will have the effect of changing the position of Giralang in
the retail hierarchy from a local centre to a group centre. This is inconsistent with the retail and
commercial policy underlying the Territory Plan. It is inappropriate to contemplate such a substantial
policy change through the development control process as this effectively removes the opportunity for
members of the public to participate in important policy development.

Belinda Heycox (resident of Giralang)

1. I live at __________, Giralang. As a resident of Giralang, I strongly oppose the proposed
development and, on 29 March 2010, 1 wrote to the ACT Planning and Land Authority to formally object
to the proposed development. A copy of my letter of objection is attached.

2. The proposed development will have a range of very serious and unacceptable impacts on:
a. the use and enjoyment of my home in Giralang;
b. my enjoyment of the amenity of the suburb of Giralang; and
c. my use and enjoyment of the Giralang local centre

3. This is primarily because the size of the proposed development is too big, unnecessary for the local
demand and inappropriate for the site, being a local centre, which is intended to service the suburb of
Giralang and not the surrounding suburbs. The proposed development is not consistent with the
Territory Plan (the objectives for local centres, the definition of ‘local centre’ or retail hierarchy), the
Local Centres Development Code, the objectives of the ACT Supermarket Policy or the objectives of
the CZ4 Local Centre zone.

4. The application significantly understates the Gross Floor Area (GFA) of the proposed development
(and calculates GFA in a way that is not in accordance with the Territory Plan). This results in an
understatement of the traffic generation rate in the traffic assessment and hence an understatement of
traffic impacts associated with the proposed development.

5. Due to its size, the proposed development will have significant and excessive impacts on the use and
enjoyment of my home and the local road network which I use on a daily basis. In particular, the
proposed development will:
a. generate an unacceptable level and type of traffic in the suburb, particularly on Canopus and
Chulculba Crescents, including large semi trailers supplying the supermarket and increased
traffic created by customers to the supermarket. These streets are main thoroughfares through
Giralang which I use on a daily basis. As I live on Chulculba Crescent, I am especially
concerned about these impacts on my use and enjoyment of my house, particularly the
associated noise and safety impacts;
b. pose unacceptable safety risks to residents and particularly school children. In particular, large
semi trailers reversing into loading docks directly adjacent to local preschool and primary
schools, will present a real and present safety risk to small children on their way to and from
school; and
c. create traffic congestion and safety hazards as the proposed development does not provide
adequate car parking and customers of the supermarket will be forced to park on the roads in
the residential areas close to the supermarket.

6. Contrary to CZ4 Local Centres Zone Objectives and Development Tables and the Local Centres
Development Code, the proposed development will also fail to:
a. provide small scale development for convenience retailing to meet my daily needs;
b. provide a commercial and community focal centre with lively, vibrant character;
c. provide a safe and accessible environment; and
d. protect the local amenity of the site and the suburb,

7. The size of the proposed supermarket is so large that there is limited scope for other uses and special!!
shops to be developed and this will inevitably result in a failure to provide an adequate mix of uses and
speciality shops. This is directly inconsistent with the Local Centres Development Code.

8. I would like to see the redevelopment of the Giralang local centre at a scale appropriate to a local
centre not the development of a supermarket of a size more appropriate to a Group Centre like Kaleen
that will attract customers from well beyond Giralang with the resultant increase in traffic and parking
congestion that will inevitably entail.

9. The approval of the proposed development will have the effect of changing the position of Giralang in
the retail hierarchy from a local centre to a group centre. This is inconsistent with the retail and
commercial policy underlying the Territory Plan. It is inappropriate to contemplate such a substantial
policy change through the development control process as this effectively removes the opportunity for
members of the public to participate in important policy development.

Anthony Senti (resident of Kaleen)

1. I live at __________, Kaleen. I strongly oppose the proposed development and on 25 March 2010 I
wrote to the ACT Planning and Land Authority (ACTPLA) and the Minister, Mr. Andrew Barr, to formally
object to the proposed development. A copy of my letter of objection to ACTPLA is attached.

2. I have no objections whatsoever to the Giralang community having a modern shopping complex that
will service their daily needs without having to travel to Kaleen group centre, Kaleen local centre(Gwydir
Square) or one of the larger town centres. What I strongly object to is the scale of the proposed
development.

3. I would like to see the scale of the redevelopment of the Giralang shopping centre kept to that
appropriate to a local centre and not the one proposed, that is a supermarket development that is of a
size that is more appropriate to a group centre like the Kaleen Supabarn supermarket. Such a
development will invariably attract a greater number of customers from a larger catchment area; one
that is well beyond Giralang with the resultant increase in traffic and parking congestion that will
emanate from it.

4. My wife and I regularly shop at:
a. the IGA supermarket at Kaleen local centre (Gwydir Square) to meet our daily top up needs
and enjoy the amenities and the convenience provided by shopping in a small commercial,
community centre: one which is easily accessible and one that does not have car parking and
traffic congestion problems associated with shopping in larger centres I would like to see the
Giralang shopping centre re-developed at a scale that is appropriate to that of a local centre
and would welcome the removal of the existing derelict site so that the residents of Giralang
can also enjoy the amenities of their local shopping centre with a suitable mix of speciality
shops; and
b. Superbarn supermarket at the Kaleen group centre for our shopping needs that are not met by
our local IGA supermarket on a weekly or sometimes bi-weekly basis and enjoy the amenities
and services provided by the Kaleen group centre for this shopping given the larger size of the
centre, the wider choice of goods, the diverse range of shops within the centre, and the
accessibility of the centre, including the very adequate car parking facilities.

5. The approval of the proposed development will result in the establishment of a major commercial centre
at Giralang in close proximity to the Kaleen group centre and local centre and it is likely to lead to a
deterioration in their financial viability to such an extent that they will be unable to maintain their
function as vibrant local and group centres. This will have a serious detrimental impact on the amenities
I currently enjoy when I shop at these centres.

6. The deterioration in the financial viability of the Kaleen local and group centres will result in their
inability to maintain their competitiveness and attractiveness to the local Kaleen and Giralang
community and the broader community generally and they will be used less, with a greater potential for
anti-social behaviour.

7. The approval of the proposed development is contrary to the CZ4 Local Centres Zone Objectives and
Development Tables and the Local Centres Development Code, as it is very likely to cause the Kaleen
IGA at the Kaleen local centre to become commercially unviable (and possibly close down) and this will
have a significant impact on my use and enjoyment of the Kaleen local centre and, in particular, will
result in a failure to:
a. provide convenience retailing to meet my daily needs at the Kaleen local centre;
b. provide a commercial and community focal centre with lively, vibrant character at the Kaleen
local centre;
c. provide a safe and accessible environment at the Kaleen local centre; and
d. protect local amenities of the Kaleen local centre.

8. The approval of the proposed development is also contrary to the CZ1 Group Centres Core Zone and
Development Tables and the Group Centres Development Code, as it is very likely to cause the
Supabarn supermarket at the Kaleen group centre to become commercially unviable and this will have
a significant impact on my use and enjoyment of the Kaleen group centre as it is inevitable that the
range of goods c

watto23 watto23 2:28 pm 12 Nov 10

Aaah the lobster is angry 🙂 I thionk I know the lobsters real identity too.

PedroPJ PedroPJ 2:28 pm 12 Nov 10

Wow. Glad I moved out of Giralang rather than waiting for these shops to be built. It’s amazing anything ever gets done in Canberra. The views of Kaleen residents, while valid, should really be secondary to the views of Giralangers. And the view of Kaleen shop owners should be a distant third.

niftydog niftydog 2:17 pm 12 Nov 10

These people are only doing what’s best for their business; You would do the same if your ass was on the line for this kind of money. The system allows for them to use economic impact as grounds for appeal so who are you to deny them?

lobster lobster 1:32 pm 12 Nov 10

Glory is my prize

bd84 bd84 1:22 pm 12 Nov 10

Good to see all the other supermarkets with their knickers in a twist objecting because they don’t want to compete. Nothing but hypocrites.

Holden Caulfield Holden Caulfield 12:24 pm 12 Nov 10

Can someone please give lobster a prize. I think he wants one.

lobster lobster 10:23 am 12 Nov 10

See my first post in http://the-riotact.com/?p=28975 !
I knew it!!!

lobster lobster 10:22 am 12 Nov 10

I told you all! I told you it would be held up!

“This isn’t exactly what I want! I demand you make it exactly what I want!”
All it takes is a few people who don’t like it out of thousands and it gets held up for months.

Also, the shops around always complain whenever new shops open up.

Frano Frano 10:16 am 12 Nov 10

And on what grounds are they objecting? “Will affect the aesthetics of the area”, “Parking will be a major issue”, “Traffic problems will occur”, “More cars will endanger the life of school children”, “A rare Tasmanian frog has been located in the area”….all these things really mean…… “My profits will suffer as I will now have competition.”

Given the fact all but 1 objection was lodged by the same law firm tends to back this up.

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