- This proposal does not meet the defined use for Block 1671 Tuggeranong Broad-acre land.
- ACTEWAGL claims that it is a Major Utility Installation and Communications facility. Whilst the Power Generators fit under the Major Utility definition of the Territory plan, the data centre does not meet the definition of a Communication's facility.
- The Territory Plan's definition of a communication facility is: “Communications facility means the use of land for the provision of facilities for postal, telecommunications and other communications purpose including facilities used for receiving and transmitting radiated signals using radio masts, towers and antennae systems but does not include cabling or ducting used for the carry of electromagnetic signals.”
Source http://www.legislation.act.gov.au/ni/2008-27/20080331-36249/default.asp?identifier=DefinitionsDefinitions
- The main purpose of a data center is running the applications that handle the core business and operational data of the organisations. Such systems may be proprietary and developed internally by the organisations, or bought from enterprise software vendors. Such common applications are ERP and CRM systems.
Source Wikipedia http://en.wikipedia.org/wiki/Data_center
- The proposal is not communications facility but it is in fact a processing centre operated as an enterprise for profit.
- Therefore, under the Territory Plan, the Data Centres should come under the definition of Light Industry. Defined as: “Light Industry means an Industry, not being a general, offensive, hazardous or mining industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the locality by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.”
- The term Industry means: “Industry means the use of land for the principal purpose of manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, winning of minerals, dismantling, processing, or adapting of any goods or any articles.”
- Light industry is specifically prohibited under the Territory Plan in areas designated as Broad-acre.
Source NUZ1 - Broad-acre Zone, ACT Planning Website
- Therefore the data centres do not meet the requirements under the plan and cannot be built at Block 1671, Tuggeranong District.
- In the unlikely event that it isn't defined as Light Industry, the only other definition that could be arrived at would be “office”.
- The definition of an office under the Territory Plan is: “Office means the use of land used for the purpose of administration, clerical, technical, professional or like business activities including a government office, which does not include dealing with members of the public on a direct and regular basis except where this is ancillary to the main purpose of the office.”
- Office is specifically prohibited under the Territory Plan in areas designated as Broad-acre.
- The data centres do not meet the requirements under the plan and cannot be built at Block 1671, Tuggeranong District.