PUBLIC COMMENT ON REFERRAL DEPARTMENT OF FINANCE & DEREGULATION CONSTITUTION AVENUE, PARKES, ACT CONSTRUCTION OF A NEW OFFICE BUILDING Reference no. 2009/4814 Submission to the Approvals & Wildlife Division Department of the Environment, Water, Heritage & the Arts 9 April 2009 Professor James Weirick, President Walter Burley Griffin Society Inc. 140 Edinburgh Road Castlecrag, NSW 2068
TABLE OF CONTENTS
TABLE OF CONTENTS 1.0 The Significant Impact of the Proposal 3 2.0 The Proponent’s Mitigating Measures – a critical response 5 3.0 Central National Area Heritage Planning & the Precautionary Principle 16 4.0 Conclusions & Recommendation 20 Appendix 1: The Walter Burley Griffin Society Inc 21 Appendix 2: Biographical profile – Professor James Weirick 22 This Submission was prepared by Professor James Weirick on behalf of the Management Committee of the Walter Burley Griffin Society Inc.
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1.0 THE SIGNIFICANT IMPACTS OF THE PROPOSAL
1.0 The Significant Impacts of the Proposal 1.1 The Walter Burley Griffin Society, Inc calls for the Commonwealth New Building Project proposed by the Department of Finance & Deregulation for construction on Section 49, Constitution Avenue, Parkes, ACT to be declared a ‘controlled action’ under the Environment Protection & Biodiversity Conservation Act (1999) (EPBC Act). 1.2 The project was referred to the Department of the Environment, Water, Heritage & the Arts (DEWHA) on 25 March 2009, Reference no.2009/4814. 1.3 The project requires approval under the EPBC Act as (1) an action on and impacting on Commonwealth land; (2) an action by a Commonwealth agency; and (3) an action that will have a significant impact on a matter of national environmental significance. 1.4 The Commonwealth New Building Project involves construction of a 62,674 sq m office building, a structured car park and associated site works, and therefore conforms to the definition of an ‘action’ under the EPBC Act: it is a ‘project, a development, an undertaking, an activity and a series of activities.’ 1.5 The project is located on Commonwealth land at Section 49 Parkes and Part of Section 80 Russell, ACT. 1.6 The project is proposed by a Commonwealth agency, the Department of Finance & Deregulation. 1.7 The project impacts upon a matter of national environmental significance: a designated National Heritage Place (the Australian War Memorial and the Memorial Parade, Anzac Parade); and a place entered on the Commonwealth Heritage List which is currently under investigation for National Heritage listing, the Parliament House Vista. 1.8 The project involves ‘significant impact’ on the heritage values of the place – i.e. an impact which is ‘important, notable and of consequence’ having regard to the context and intensity of the development project. 1.9 The ‘sensitivity, value and quality of the environment which is impacted upon’ have been established by various heritage studies and heritage listings. 1.10 The project involves land clearing, excavation and building works on an undeveloped urban block, 7.022 ha in extent, located in the symbolic centre of the National Capital. The resultant Commonwealth New Building could be reasonably expected to have a life of 100 to 200 years. The ‘intensity, duration, magnitude and
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1.0 THE SIGNIFICANT IMPACTS OF THE PROPOSAL
geographic extent’ of the impacts would be severe in the context of the symbolic centre of Canberra: the impacts would be effectively permanent and irreversible; they would be medium to large scale, and moderate to high intensity. 1.11 The project was funded by the Commonwealth Government in the 2006‐2007 Budget; the Minister for Finance & Deregulation announced the appointment of the Managing Contractor in October 2008 – construction of the project, if approved, can be considered likely. 1.12 As further discussed in Section 2.0 (below), the bulk, scale, visibility and complexity of the project would involve: • the erection of a substantial building complex adjacent to and within important sight lines of a heritage place inconsistent with the heritage values of the place; • substantially diminish the heritage value of the heritage place for a community or group for which it is significant – the Australian people; and • substantially alter the setting of the heritage place in a manner which is inconsistent with the heritage values of the place. 1.13 The impact of the Commonwealth New Building Project, if approved, would be significant – therefore, at this stage of the referral, the project should be declared a ‘controlled action’, and be subject to a comprehensive assessment, consultation and approval process under the EPBC Act.
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
2.0 The Proponent’s ‘Mitigating Measures’ – a critical response 2.1 In this submission, the Walter Burley Griffin Society (WBGS) will highlight key issues of concern with respect to heritage conservation – and reserve the right to make a more comprehensive submission, if and when the New Commonwealth Building Project is declared a ‘controlled action’ and further public consultation is initiated. 2.2 The referral document submitted to DEWHA by the proponent ‐ the Section 49 Project Branch, Property & Construction Division, Department of Finance & Deregulation (DFD) – contains the following statement: A Heritage Impact Assessment (HIA) has been prepared by a Conservation Architect and Planner . . . . In summary, the Heritage Impact Assessment report concludes that the project will not have a significant or adverse impact on heritage values, since the proposed architectural response to the site, and the proposed landscape design mitigation measures are sufficient to prevent such impacts occurring.1 2.3 The heritage values affected by the proposed New Commonwealth Building are indicated by the following extracts from the Statements of Significance on the Australian Heritage Database. 2.4 Australian War Memorial (AWM) and the Memorial Parade, Anzac Parade: Official Values ‐ Criterion: A Events, Processes The AWM is an outstanding national museum and memorial, as expressed through the main building, the courtyard fabric, interior spaces, the Sculpture Garden and the collections. The AWM was established as a direct consequence of the First World War, one of the seminal events in Australian history. It embodied the vision of Charles Bean – Official First World War correspondent – that the war would be instrumental in creating a sense of nationhood and a distinctly Australian identity. The institution plays a pivotal role in helping Australians to commemorate and understand the sacrifice and loss of Australians during war. The AWM together with Anzac Parade is an important national icon. Its major features include: the main building; the medieval stone lions at the entrance; the ceremonial landscape including the Lone Pine tree; and displays and sculptures. The AWM and Anzac Parade are major venues for national
Department of Finance & Deregulation, ‘Referral of Proposed Action: Commonwealth New Building Project,’ p.17.
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
commemorative services and events such as the ANZAC Day march. Anzac Parade, as part of the Parliamentary Vista and an extension of the AWM, is part of one of the major designed landscapes of Australia. A ceremonial space of this grandeur is unique in Australia. The AWM and the memorials along Anzac Parade represent changing concepts of commemoration in Australia, influenced by the armed forces and community groups. The Hall of Memory with the Tomb of the Unknown Australian Soldier, and aspects of its setting are notable. Criterion: B Rarity Anzac Parade, as part of the Parliamentary Vista and as an extension of the AWM, is part of one of the major cultural landscapes of Australia. The grandeur of the ceremonial space is not found elsewhere in Australia. Anzac Parade is nationally important for its public and commemorative functions. Criterion: E Aesthetic characteristics The AWM in its setting is of outstanding importance for its aesthetic characteristics, valued as a place of great beauty by the Australian community and veteran groups (as represented by the Returned & Services League of Australia). The place has evoked strong emotional and artistic responses from Australian and overseas visitors. The main building and the surrounding landscape, the Hall of Memory, the Roll of Honour, ANZAC Hall and the collections act as reminders of important events and people in Australiaʹs history and trigger disturbing and poignant responses from the vast majority of visitors. The AWM together with Anzac Parade form an important national landmark that is highly valued by the Australian community. As part of the Parliamentary Vista, the AWM makes a major contribution to the principal views from both Parliament Houses and Mount Ainslie. Views from Anzac Parade to the Hall of Memory, and from the Hall of Memory along the land axis are outstanding. Its prominent position is important due to its relative visual isolation on the Griffin land axis, amid the backdrop of the forested slopes of Mount Ainslie. The visual impact of the AWM when viewed from Parliament House and other points along Griffinʹs land axis including Mount Ainslie; and the fabric of Anzac Parade including the memorials, plantings and lighting is far more distinctive and dramatic compared to the other principal war memorials in Australia. Criterion: G Social value The AWM is the national war museum and national shrine, and together with Anzac Park, has special associations for the Australian community, particularly veterans and their families. These special associations are reinforced on ANZAC
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
Day and at ceremonies specific to particular memorials on Anzac Parade. The AWM and the Anzac Parade memorials are the nation’s major focal point for commemoration including the ANZAC Day march and other ceremonies and events. These values are expressed through: the AWM building (including the Hall of Memory); the collection; the surrounding landscape (including the Sculpture Garden); and Anzac Parade including the memorials. The AWM is the national war museum and national shrine, and together with Anzac Park, has special associations for the Australian community, particularly veterans and their families. These special associations are reinforced on ANZAC Day and at ceremonies specific to particular memorials on Anzac Parade. The AWM and the Anzac Parade memorials are the nation’s major focal point for commemoration including the ANZAC Day march and other ceremonies and events. These values are expressed through: the AWM building (including the Hall of Memory); the collection; the surrounding landscape (including the Sculpture Garden); and Anzac Parade including the memorials. Description ‐ Planning context: Griffin’s plans for the central national area of Canberra included a basic framework which survives to the present. An alignment of land and water axes and avenues defined Griffinʹs city plan. The axes together with the triangle bounded by Commonwealth Avenue, Constitution Avenue and Kings Avenue were the basic elements that established Canberraʹs geometric design pattern. The design represented Griffinʹs interpretation of democracy and created three urban centres connected by its main avenues: Capital Hill as the place for the people; Mount Vernon as the municipal centre; and Mount Pleasant as the market centre. The northern avenue, Constitution Avenue, was the municipal axis. The AWM is located at the northern end of the land axis, the major planning axis that runs from Parliament House, through Federation Mall and Parkes Place and along Anzac Parade to Mount Ainslie. The AWM has an elevated position at the end of Anzac Parade and is framed by Mount Ainslie in the background. It is a powerful form within the axial landscape of Canberra (Pearson & Crocket 1995: 42‐44; Freeman, 2004: 4). Australian planners have followed Griffin’s vision but with minor changes in terms of impact to reflect historical events and Australian political and social life. Anzac Parade: Anzac Parade is one of the major cultural landscapes of Australia. It is a broad ceremonial avenue named in honour of the Australian and New Zealand Army Corps. Set along the land axis – a key feature of Griffin’s 1912 plan – it stretches from near the north shore of Lake Burley Griffin to the foot of the AWM, along the line of sight from Parliament House. Along each side of the road is a row of
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
11 memorials commemorating specific military campaigns or services. They are mostly sculptures in a variety of styles ranging from naturalistic to Modernist. The memorials relate to Anzac Parade and Anzac Park: both sides of Anzac Parade are bounded by Anzac Park; the tree‐covered, sloping grassy strips at the interface of the parade and the park feature 10 symmetrically placed aprons prepared for national memorials. Anzac Parade is a distinguishable landmark, particularly from Mount Ainslie. The red gravel (some say symbolising blood) and the mixed plantings of Australian blue gums and New Zealand Hebe species link the parliamentary zone to the northern lakeshore.2 2.5 The Parliament House Vista: The Parliament House Vista is the central designed landscape of Canberra, that expresses the core of the Walter Burley Griffin design vision for Canberra. It is highly significant for its symbolic representation of the democratic interchange between the people and their elected representatives and its use of the natural landforms to generate a strong planning geometry. It expresses a masterly synthesis and ordering of topographical features and administrative functions to meet the needs of a national capital. The vista landscape embraces the central land axis and part of the water axis and most of the Parliamentary Triangle including the area known as the Parliamentary Zone. The significance incorporates Walter Burley Griffinʹs vision for the area, as the focus of Commonwealth parliamentary and governmental activity as well as national cultural life. This vision has been partly realised and the place is the setting for major, government, judicial and cultural institutions. The northern extent of the vista of Anzac Parade and the Australian War Memorial, despite differing from the original plan, are significant for memorial purposes developed in response to the needs of the people. Despite being modified to a lesser degree to accommodate the impact of wars on Australians, the Vista now presents as a philosophical concept expressed in urban planning, landscape and architecture, to achieve a grand vision of a symbolic, unified and visually dramatic place.3 2.6 The New Commonwealth Office Building is a proposal to build a large, visually prominent structure in a high‐profile location adjoining these two significant heritage places. 2.7 The proponent (DFD) acknowledges that heritage impacts will occur, but these impacts will be mitigated. 2.8 The WBGS contends that the impacts will not be mitigated by the measures outlined in the DFD referral document. National Heritage Listing, Australian Heritage Database, Place ID: 105889 (extract). Commonwealth Heritage List, Australian Heritage Database, Place ID: 105466 (extract).
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
2.9 For convenience, the relevant ‘mitigation measures’ identified by the proponent are numbered (1) to (7) in the following list: (1) observance of the National Capital Authority(NCA) height restrictions and other urban design guidelines inherent in the Master Plan for Constitution Avenue and Anzac Parade (Appendix T8 to the National Capital Plan); (2) the architectural simplicity and horizontality of the facades to the Constitution Avenue and Parkes Way elevations to the building; (3) additional planting within the Parkes Way road reservation to match existing native plantings along Parkes Way; (4) low level and informal native plantings of the proposed berms at the Parkes Way boundary (within the site); (5) an approximately 40 metre setback of the proposed building from the existing alignment of Constitution Avenue and approximately 35 metre setback from the potential duplication of Constitution Avenue; (6) the Constitution Avenue plantings of oaks be reinforced and interventions resulting from the new development be ameliorated by new plantings within or adjacent to the Constitution Avenue road reserve; (7) landscaping the roof of the car parking structure and berms adjacent to Parkes Way.4 2.10 ‘Mitigation measure’ (1) claims that the heritage impacts of the Commonwealth New Building Project have been mitigated by ‘observance of the National Capital Authority(NCA) height restrictions and other urban design guidelines inherent in the Master Plan for Constitution Avenue and Anzac Parade (Appendix T8 to the National Capital Plan).’ 2.11 Comment: The scheme does not conform to the NCA urban design guidelines inherent in the Master Plan for Constitution Avenue and Anzac Parade. 2.12 The Master Plan for Constitution Avenue was given statutory force through Amendment 60 to the National Capital Plan, approved on 30 November 2006.
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DFR, Referral, pp.17-18.
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
2.13 The Master Plan is supported by Urban Design Guidelines for the site of the Commonwealth New Building Project, prepared by the National Capital Authority in May 2006.5 2.14 Both the statutory Master Plan and the Urban Design Guidelines mandate a development pattern for Section 49 Parkes based on perimeter block buildings directly fronting the surrounding streets: Constitution Avenue, Blamey Crescent (extension); Parkes Way; and Wendouree Drive. 2.15 The NCA’s Constitution Avenue Master Plan aims to create an ‘urban’ environment of intense, active, spatially defined streets. 2.16 The Commonwealth New Building Project does not conform to this development pattern – it is designed as a stand alone structure, set back from the surrounding streets as an ‘object in space’ on the model of a signature building in a suburban business park. 2.17 The first Commonwealth Government scheme prepared under Amendment 60 to the National Capital Plan proposes to break the controls of the NCA Constitution Avenue Master Plan in a fundamental way. 2.18 If approved, the Commonwealth New Building will render the NCA Constitution Avenue Master Plan meaningless – it will reduce real estate development in the most visually sensitive location in central Canberra to a process of site‐by‐site deal‐making. 2.19 The result will be a disorderly gaggle of individual developments along Constitution Avenue/Parkes Way which will destroy the balanced, symmetrical urban pattern proposed in the Griffin Plan and maintained to date in the Portal Buildings, which frame the Land Axis and vista to the Australian War Memorial and Mount Ainslie along Anzac Parade. 2.20 ‘Mitigating measure’ (2) advanced by the proponent of the Commonwealth New Building Project is ‘the architectural simplicity and horizontality of the facades to the Constitution Avenue and Parkes Way elevations to the building.’ 2.21 The building does not demonstrate architectural simplicity – it is a highly sculptural composition, which features a unique curved presentation to Parkes Way combined with cantilevers, outriggers and angled fins that emphasise its ‘object in space’ ambitions on all sides.
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NCA, Constitution East, Parkes – Urban Design Guidelines, The Authority, Canberra, May 2006.
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
2.22 The compositional treatment of the scheme does not attempt to reduce the scale and bulk of the proposal in any way – on the contrary, it emphasises the unprecedented scale of this building, which if approved, will be considerably larger than any current building on Constitution Avenue/Parkes Way, with principal facades 200 metres long. 2.23 The proposal will stand in the landscape as a unique, assertive element, highly visible as an asymmetrical intrusion in the symbolic centre of Canberra, which through its bulk, scale and forms will draw attention to itself in an assertive way. 2.24 The proponent (DFD) claims that the impact of this exceptionally large building will be mitigated by embedding the project in a screen of trees, beginning with ‘mitigating measure’ (3): ‘additional planting within the Parkes Way road reservation to match existing native plantings along Parkes Way.’ 2.25 Comment: Tree planting in the Parkes Way road reservation will not mitigate the visual impact of the Commonwealth New Building Project, viewed from the Parliamentary Zone and significant vantage points in South Canberra, such as Red Hill. 2.26 As demonstrated by the Portal Buildings, which are of equivalent height to the proposed building, past experience indicates a time frame of 40‐50 years for trees to reach the roof line of a structure in this location – and the Commonwealth New Building Project will be considerably more insistent in the landscape than the Portal Buildings, due to its asymmetrical presence; its unique form; and the length, scale and bulk of the structure in relation to its height. 2.27 Past experience with tree growth in Canberra may not be a reliable guide. The proposal effectively involves the removal of all trees on the site itself, and therefore depends upon new plantings to achieve the screen effect claimed by the proponent. In an increasingly drought‐prone city, tree growth and vitality are issues of major concern – the project can be expected to be fully exposed for decades, as no doubt the occupants would prefer – given the dramatic views of the Parliamentary Zone over the central basin of Lake Burley Griffin, which a treeless scheme would command. 2.28 The Parkes Way road reservation does not provide space for the establishment of a significant screen – and the ‘planting strips’ available for these works, not identified in the documentation supplied to date, are at present subject to considerable modification by the NCA in relation to construction of the Parkes Way/Kings Avenue overpass, realignment of the major carriage ways, and the provision of slip lanes in accordance with Amendment 60 to the National Capital Plan.
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
2.29 The proponent claims that the impact of the Commonwealth New Building project on the Parliament House Vista will be further reduced by ‘mitigating measure’ (4): ‘low level and informal native plantings of the proposed berms at the Parkes Way boundary (within the site).’ 2.30 Comment: Earth shaping and shrub plantings along the southern boundary of Section 49 Parkes will not reduce the height, bulk and scale of the Commonwealth New Building Project in the larger landscape of central Canberra. 2.31 These features, which form part of an unspecified system of perimeter security for the building complex, are essentially small‐scale devices. They represent a dramatic and irreversible departure from the streetscape principles of Amendment 60 to the National Capital Plan – but apart from undermining the integrity of this Master Plan by creating significant barriers and inactive zones at pedestrian scale, they have no relevance in relation to the heritage impact of the proposal in visual terms, and quite the reverse in symbolic terms, as barriers to the creation of open, democratic space. 2.32 On the northern side of the complex, the proponent claims that the heritage impact of the Commonwealth New Building Project will be reduced by ‘mitigating measure’ (5): ‘an approximately 40 metre setback of the proposed building from the existing alignment of Constitution Avenue and approximately 35 metre setback from the potential duplication of Constitution Avenue.’ 2.33 Comment: This setback will not reduce the heritage impact of the Commonwealth New Building Project in relation to the Australian War Memorial, Anzac Parade or the Parliament House Vista as the critical issue on the northern side relates to the presence of this excessively large, isolated structure as an insistent element in the vista from the summit of Mount Ainslie. 2.34 From this distance and angle, the building setback from Constitution Avenue will be irrelevant – but the height, length, bulk and scale of the building complex will be highly visible and destructive of the axiality, balance and symbolic strength of the Canberra Land Axis. 2.35 The proposed setback on Constitution Avenue further denies and denigrates the principles that the NCA has sought to achieve with Amendment 60 to the National Capital Plan, as far as the concept of an active, elegant urban boulevard is concerned. 2.36 Indeed, the Commonwealth New Building Project makes a mockery of the NCA’s much‐promoted artist’s impressions of Constitution Avenue, which show an
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
intense urban scene lined with Parisian‐style street cafés, active night and day as if it was the Boulevard Saint‐Germain. 2.37 The setback appears to be a functional component of the perimeter security system – as such, it works actively against the heritage significance of Constitution Avenue as the Municipal Axis of the Griffin Plan, which should be a place to celebrate and support the everyday life of the city. 2.38 ‘Mitigating measure’ (6) seeks to address the negative impacts of the Commonwealth New Building Project on its northern side on the basis that ‘the Constitution Avenue plantings of oaks be reinforced and interventions resulting from the new development be ameliorated by new plantings within or adjacent to the Constitution Avenue road reserve.’ 2.39 Comment: These measures will not mitigate heritage impact of the proposal. After 30‐40 years, the slow growing English Oaks on Constitution Avenue (Quercus robur) have struggled to reach a height of 15 metres.6 The proposed height of the Commonwealth New Building is approximately 25 metres. 2.40 The building will be highly visible from the summit of Mount Ainslie as a function of its height; its exceptional length; and the physical extent of its roofscape, rising above the urban forest of inner Canberra. 2.41 The Heritage Impact Statement prepared by the proponent’s heritage consultants acknowledges that in relation to the Australian War Memorial and Memorial Parade, ‘the development will . . . be seen from the Griffin land axis, particularly from the Mount Ainslie viewpoint. The building will be clearly seen from that viewpoint.’7 2.42 The heritage consultants’ report then goes on to say, ‘however, its impacts will not be dissimilar to the impacts of the East and West portal buildings.’ 2.43 The visual impact of the Commonwealth New Building Project will be dissimilar to the visual impact of the Portal Buildings. In height and bulk, these carefully calibrated works from the NCDC era form a matching pair of civic design elements, which flank and define the Griffin Land Axis and perform a clear civic role in the ceremonial landscape of central Canberra. As ‘portals’, they form the gateway to the Memorial Parade and frame the all‐important vista from Parliament House to the Australian War Memorial. Lester Firth Associates, The Griffin Legacy Constitution Avenue Urban Design Study: Street Tree Assessment, Report to the National Capital Authority, The Consultants, Canberra, February 2007, pp.6, 8. 7 DFD Referral Document, Attachment A, Heritage Impact Assessment,’ p.4:4. 6
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
2.44 The Commonwealth New Building Project is designed as an isolated, insistent, asymmetrical structure which performs no civic role in the ceremonial landscape of central Canberra – indeed it is so out of place, that the proponent feels obliged to make every effort to hide it. 2.45 The extent to which an asymmetrical, discordant element affects the vista from Mount Ainslie can be judged by recent treatment of the Portal Buildings. Although they remain similar in height and bulk, the Anzac Park West Building underwent extensive refurbishment by the Department of Finance & Deregulation in 2005‐2007 – the northern façade was completely reconstructed with an aggressive metal and glass panel system replacing the balanced proportions of the original masonry façade. These works are clearly visible in the bright sunlight and clear air of Canberra from the summit of Mount Ainslie and diminish the monumental strength of the Canberra Land Axis. 2.46 The effect of the Commonwealth New Building Project will be considerably greater than this. 2.47 ‘Mitigating measure’ (7) involves minor works: ‘landscaping the roof of the car parking structure and berms adjacent to Parkes Way.’ 2.48 Comment: These works will not mitigate the heritage impact of the height, bulk and scale of the Commonwealth New Building Project as an element in the larger landscape of central Canberra. 2.49 Shrub plantings and berms will screen the brightwork of cars parked around the stand‐alone building but will do nothing to screen the overall mass of the Parliamentary Zone presentation of the complex. 2.50 The proponent supplies supporting illustrative material with the Referral Document, which includes images of the recently‐completed Law Faculty at the University of Sydney to indicate the design expression of the Commonwealth New Building Project. 2.51 Constructed on the northern boundary of the University adjoining Victoria Park, Camperdown the new Law Faculty is similar in height to the Commonwealth New Building Project – it stands approximately 27 metres above Victoria Park (to the line of the roof parapet). However, the office façade of the Law Faculty is only half the length (104 metres) of the Parliamentary Zone presentation of the proposed Canberra building, which of approved, will extend 200 metres along the base of the Parliamentary Triangle.
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2.0 ‘MITIGATING MEASURES’ – A CRITICAL RESPONSE
2.52 Shrub plantings and berms will do nothing to reduce the visual impact of this structure. 2.53 The University of Sydney Law Faculty was designed as the result of an international competition, on which the author of this submission served as a member of the Design Jury. 2.54 The Law Faculty is notable for the civic and symbolic role it plays in the University of Sydney campus plan – it forms a new university quadrangle with James Barnet’s nineteenth century Gothic revival Faculty of Medicine and the hitherto unloved Fisher Library stack; it connects to high volume teaching spaces in the Eastern Auditorium/Carslaw complex; it integrates pedestrian movement through the public spaces of the University with a new structured car park and the landscape of Victoria Park; it stands as a beacon and a rostrum between the University and the city. 2.55 The Commonwealth New Building Project is designed to play no civic and symbolic role in the centre of the National Capital. Quite the reverse; its suburban office park presentation and its proposed uses, isolated by perimeter security measures, dissipate the NCA’s attempt to create vibrant streets and active urban spaces. 2.56 If approved, the mass and bulk of the project would intrude on the landscape of central Canberra but its silent and hermetic forms are designed to say nothing to the democratic principles of the Griffin Plan, which proposed great national institutions in this area – the National Opera, the Sculpture Gallery, the Museum of Archaeology. 2.57 In the symbolic landscape of today’s Canberra, the insistent and insidious presence of this project on the northern side of the lake would command and undercut the presence of the High Court on the southern lakeshore.
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3.0 HERITAGE PLANNING & THE PRECAUTIONARY PRINCIPLE
3.0 Central National Area Heritage Planning & the Precautionary Principle 3.1 The Heritage Impact Assessment (HIA) submitted as Attachment A to the proponent’s Referral Document endeavours to make sense of the current state of heritage planning & management in the Central National Area of Canberra – however, the confusing, incomplete, overlapping and inconsistent nature of this material is all too evident. 3.2 Given the draft, provisional, unendorsed status of the various Conservation Studies, Heritage Assessments and Heritage Management Plans prepared for the plethora of central Canberra places nominated for or included on various Heritage Lists, the WBGS urges the adoption of the ‘Precautionary Principle’ in the assessment of such a significant action as the Commonwealth New Building Project. 3.3 The lack of endorsed heritage documents for the symbolic centre of Canberra is an issue of major concern. 3.4 In the context of the Canberra New Building Project referral, adoption of the ‘Precautionary Principle’ at this stage of the process, would entail ‘controlled action’ designation and initiation of a comprehensive assessment, consultation and approval process under the EPBC Act. 3.5 The HIA has reviewed the Parliament House Vista Heritage Management Plan (2008 Draft); the Australian War Memorial & Memorial Parade National Heritage List Statement of Significance; the Parliament House Vista Portal Extension Commonwealth Heritage List Statement of Significance; the Russsell Precinct Heritage Area Commonwealth Heritage List Statement of Significance; and the Blundell’s Cottage Commonwealth Heritage List Statement of Significance. 3.6 The HIA has not reviewed the following heritage documents: • Parliament House Vista Heritage Management Plan, Exposure Draft (November 2008)8; • Lake Burley Griffin Heritage Assessment and Heritage Management Plan, Exposure Draft (March 2009)9; Duncan Marshall, Craig Burton, Alistair Grinbergs, Chris Johnston & Jackie Donkin and with assistance from Robert Boden, Robert Freestone & Alison Rowell, Exposure Draft: Parliament House Vista Area Heritage Management Plan, Report to the National Capital Authority, 2 vols, The Consultants, Canberra, November 2008. 9 Godden Mackay Logan, Lake Burley Griffin Heritage Assessment, Draft Report, Prepared for the National Capital Authority, The Consultants, Canberra, March 2009; Godden Mackay Logan, Lake Burley Griffin & Adjacent Lands Heritage Management Plan, , Draft Report, 4 vols, Prepared for the National Capital Authority, The Consultants, Canberra, March 2009. 8
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3.0 HERITAGE PLANNING & THE PRECAUTIONARY PRINCIPLE
• • • • •
Australian War Memorial, Draft Heritage Management Plan (July 2008)10; Australian War Memorial, Eastern Precinct Development Heritage Impact Statement (November 2008)11; High Court of Australia/National Gallery of Australia Precinct Heritage Management Plan (2008)12; Central Parklands Heritage Assessment (February 2007)13; Kings Avenue/Parkes Way, Assessment of Heritage Impact (September 2008)14
3.7 The HIA has not reviewed the NCA’s Heritage Strategy. 3.8 As a Commonwealth agency which owns and controls heritage places, the NCA has been obligated to prepare a Heritage Strategy under Section 341ZA of the EPBC Act and in accordance with Regulation 10.03E and Schedule 7C of the EPBC Regulations. 3.9 Work on the NCA Heritage Strategy began in 2003 and was completed in 2005‐ 2006.15 The NCA recognised the need: to identify and assess the heritage values of places the Authority owns or manages, to prepare a register of heritage places, and to report to the Minister for the Environment and Heritage. The heritage strategy will eventually show how management of heritage values will be part of the Authority’s corporate responsibilities and will include a program for identifying and assessing places under its management, preparing a register of heritage places, and preparing management plans for places with heritage values. It will also include budget arrangements for maintaining and managing heritage places, a description of a consultation and liaison process, staff training, awareness promotion, and measures the Authority will take to monitor and report on the success of its heritage management responsibilities.16
Godden Mackay Logan, Draft Australian War Memorial Heritage Management Plan, Report to the Australian War Memorial, The Consultants, Canberra, July 2008. 11 Godden Mackay Logan, Eastern Precinct Development, Australian War Memorial: Heritage Impact Statement, Report to the Australian War Memorial, The Consultants, Canberra, November 2008 12 Michael Pearson & others, High Court of Australia/National Gallery of Australia Precinct Heritage Management Plan, Report to the National Capital Authority, The Consultants, Canberra. 13 Duncan Marshall, Central Parklands Heritage Assessment, The Consultant, Canberra, February 2007 14 Architectural Projects Pty Ltd, Kings Avenue/Parkes Way Roundabout, Canberra: Assessment of Heritage Impact, Prepared for the National Capital Authority, The Consultants, Darlington, September 2008. 15 NCA, Annual Report 2003‐2004, pp.20‐21; NCA, Annual Report 2005‐2006, p.17. 16 NCA, Annual Report 2003‐2004, pp.20‐21. 10
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3.0 HERITAGE PLANNING & THE PRECAUTIONARY PRINCIPLE
3.10 As specified in Schedule 7C, Section 1(f) of the EPBC Regulations, a Heritage Strategy prepared under the EPBC Act must include ‘an outline of a process for resolution of conflict arising from the assessment and management of Commonwealth Heritage values.’ 3.11 A clear conflict in the assessment and management of heritage values has emerged in the Heritage Impact Assessment of the Commonwealth New Building Project. 3.12 The proponent’s heritage consultants have placed great emphasis on the heritage significance of the William Holford/NCDC period of planning and design in the development of Canberra, commenting that ‘the NCA “Griffin Legacy” pays only minimal attention to the mid 20th century planning legacy as evidenced in the completion of Parkes Way and associated planning.’17 3.13 In short, the proponent’s heritage consultants have attached significance to the modernist planning concepts of the mid 20th century, which led to construction of a major arterial road – Parkes Way – as a ‘parkway’ in a park‐like setting, flanked by building sites for isolated, stand‐alone structures set back from the property line in a naturalistic landscape. 3.14 Since the 1990s, the NCA has strongly advocated a ‘new urbanist’ development pattern based on streets, blocks and continuous urban fabric built to the property line in the hope of creating active streets defined by buildings and formal avenue plantings. 3.15 This pattern formed the basis of the 1994 Russell Defence Precinct Master Plan18 and was further developed in the 2004 Griffin Legacy report,19 and subsequent ‘Griffin Legacy’ amendments to the National Capital Plan, including Amendment 60 – Constitution Avenue. 3.16 With the Griffin Legacy report, the NCA sought to develop a heritage rationale for the ‘new urbanist’ pattern of real estate development, based on the work of Walter Burley Griffin. 3.17 The Department of Finance & Deregulation has advanced a heritage argument for the Commonwealth New Building Project on the basis of Holford/NCDC planning precepts, in defiance of the statutory controls which require a ‘new urbanist’ pattern, generated from a formalist response to Griffin’s planning precepts. DFD Referral, Attachment A, HIA, p.4:6, note 16. NCA, Draft Russell Master Plan Explanatory Report, The Authority, Canberra, August 1994, 19 NCA, The Griffin Legacy: Canberra, The Nation’s Capital in the 21st Century, The Authority, Canberra, 2004. 17 18
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3.0 HERITAGE PLANNING & THE PRECAUTIONARY PRINCIPLE
3.18 The future of the symbolic centre of Canberra rides on the outcome. 3.19 Neither the proponent (DFD) nor the NCA has invoked the Heritage Strategy process for the ‘resolution of conflict arising from the assessment and management of Commonwealth Heritage values’ mandated by the EPBC Act and EPBC Regulations. 3.20 The conflict must be resolved at this stage of the Commonwealth New Building Project referral. 3.21 Therefore ‘controlled action’ designation is essential.
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4.0 CONCLUSIONS & RECOMMENDATION
4.0 Conclusions & Recommendation 4.1 The Commonwealth New Building Project proposed by the Department of Finance and Deregulation (DFD) for construction at Section 49 Parkes is the largest project planned for the symbolic centre of Canberra since completion of the New and Permanent Parliament House in 1988. 4.2 The DFD project is a most significant ‘action’, as defined under the Environment Protection & Biodiversity Conservation Act (1999). 4.3 The impacts of the project will be significant, particularly with respect to the heritage values of the National Capital. 4.4 The proponent’s Referral Document and Heritage Impact Assessment acknowledge that significant impacts will occur, but propose mitigating measures. 4.5 As outlined in Section 2.0 of this submission (above), analysis of these measures demonstrates that they will not mitigate the heritage impact of the proposal. 4.6 The current state of heritage planning and management in the Central National Area of Canberra is singularly inadequate. 4.7 Not one conservation study or heritage management plan relevant to the Commonwealth New Building Project is formally endorsed by the Australian Heritage Council under the EPBC Act. 4.8 The proponent’s heritage consultants have not reviewed key heritage reports that have bearing upon the subject site and the proposal. 4.9 A clear conflict in the assessment and management of heritage values has emerged in the Heritage Impact Assessment of the Commonwealth New Building Project. Neither the proponent (DFD) nor the NCA has invoked the required provision in the NCA’s Heritage Strategy to resolve this conflict. Resolution must take place at the current stage of the referral process.
4.10 Recommendation: The Commonwealth New Building Project must be declared a ‘controlled action’, and be subject to a comprehensive assessment, consultation and approval process under the Environment Protection & Biodiversity Conservation Act (1999)..
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APPENDIX 1 – THE WALTER BURLEY GRIFFIN SOCIETY INC.
Appendix 1: The Walter Burley Griffin Society Incorporated Established in 1988 in Sydney, the Society – now in its twenty first year ‐ commemorates the lives and works of Walter Burley Griffin and Marion Mahony Griffin and promotes the ideals, vision and community life they fostered in Australia. The Society aims to promote a better understanding of the lives and works of the Griffins, promoting especially the preservation and conservation of landscape designs, urban plans, buildings and other works designed by or having an association with the Griffins. The Society has several hundred members from various parts of Australia and USA. The Canberra Chapter of the Society was established in 2004. The Society is affiliated with the Walter Burley Griffin Society of America (established in 1998). Committee Members 2008‐2009 Patron: Professor Carrick Chambers AM President: Professor James Weirick Vice president: Akky Von Ogtrop Treasurer: John Kabos Secretary: Kerry McKillop Management Committee: Colleen Fry, Adrienne Kabos, Martin O’Donoghue, James Smallhorn, Professor Geoffrey Sherington, Michael Thomson, David Turner, Anne Watson. Canberra Chapter Committee Chair: Brett Odgers Vice Chair: Rosemarie Willett Secretary: Dr Bruce Kent Treasurer: Luke Wensing Committee members: John Stokes, Dr Ann Kent, Beverley Thomas Larson, Kerri Taranto Website http://www.griffinsociety.org/ (Archived by the National Library of Australia since 2006, http://protocat.nla.gov.au/Record/3821935) This submission has been prepared by the Society as a contribution to the public good. Neither the Society nor any individual committee member of the Society, directly or indirectly, stands to make any personal financial gain from this submission. The submission was prepared by unpaid volunteers and was funded by the Society from its own resources and was not influenced by any person or organisation external to the committees of the Society.
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APPENDIX 2 – PROFESSOR JAMES WEIRICK, BIOGRAPHICAL PROFILE
Appendix 2: Biographical Profile – Professor James Weirick Professor James Weirick, President of the Society is the principal author of this submission, advised by Brett Odgers, Chair of the Canberra Chapter and members of the Management Committee. James Weirick is Professor of Landscape Architecture and Director, Urban Development & Design Program, Faculty of the Built Environment, University of New South Wales. A graduate of Harvard University, Professor Weirick taught at the Boston Architectural Center, University of Massachusetts/Boston, University of Canberra and Royal Melbourne Institute of Technology, prior to his appointment to UNSW in 1991. In recent years, he has conducted international urban design studios in Beijing, Hangzhou and Tokyo with the Graduate School of Landscape Architecture, Peking University; the Department of Architecture, Zhejiang University; and the Graduate School of Frontier Sciences, The University of Tokyo. His research interests include the history of architecture, landscape architecture and urbanism, with an emphasis on the ‘politics of design’, particularly the work of Walter Burley Griffin, the history of Canberra, and the urban landscape of Sydney. He is actively engaged in issues of contemporary urbanism throughout Australia as an educator, critic, and commentator. Professor Weirick has served on the Environment Board of the Royal Australian Institute of Architects (NSW); the Parliamentary Zone Advisory Panel, National Capital Authority, Canberra; the Urban Design Advisory Committee, NSW Department of Urban Affairs & Planning; the Gateways Design Review Panel, City of Sydney; the Campus 2010 Design Review Panel, University of Sydney; and the Design Review Panel of the Sydney Olympic Park Authority. He currently serves on the Design Advisory Panel of the City of Sydney. Professor Weirick has served on many design competition juries, including the NCA competition for new Lighting Elements on Anzac Parade, Canberra; the international competition for the design of the new Faculty of Law at the University of Sydney; and City of Sydney Design Excellence Competitions for redevelopment of the Carlton United Brewery site, Broadway; the Westfield Sydney Centrepoint Project; and the Goodsell Building Redevelopment, Chifley Square. He received the President’s Award of the Australian Institute of Landscape Architects (NSW Group) in 1999; and was named a ‘Built Environment Exemplar’ in the Year of the Built Environment 2004. Professor Weirick has been President of the Walter Burley Griffin Society, Inc. since 2004, and previously served as Vice President, 1993‐2004.
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